TITLE 20—EDUCATION

Chap.
Sec.
1.
Office of Education [Repealed]
1
2.
Teaching of Agricultural, Trade, Home Economics, and Industrial Subjects
11
3.
Smithsonian Institution, National Museums and Art Galleries
41
4.
National Zoological Park
81
5.
Government Collections and Institutions for Research, and Material for Educational Institutions
91
6.
American Printing House for the Blind
101
6A.
Vending Facilities for Blind in Federal Buildings
107
7.
Instruction as to Nature and Effect of Alcoholic Drinks and Narcotics
111
8.
Howard University
121
9.
National Training School for Boys [Omitted]
131
10.
National Training School for Girls [Omitted]
161
11.
National Arboretum
191
12.
Foreign and Exchange Students
221
13.
Financial Assistance to Local Educational Agencies [Omitted or Repealed]
231
14.
School Construction in Areas Affected by Federal Activities [Transferred to Chapter 19]
251
15.
Studies and Research on Problems in Education [Omitted or Repealed]
331
16.
Public Library Services and Construction
351
17.
National Defense Education Program [Omitted or Repealed]
401
18.
Grants for Teaching in the Education of Handicapped Children [Repealed]
611
18A.
Early Education Programs for Handicapped Children [Repealed]
621
19.
School Construction in Areas Affected by Federal Activities [Repealed]
631
20.
Grants for Teaching in the Education of the Deaf [Omitted]
671
20A.
National Technical Institute for the Deaf [Repealed or Transferred]
681
20B.
Gallaudet College [Repealed or Transferred]
691
21.
Higher Education Facilities [Omitted or Repealed]
701
22.
National Council on the Arts [Repealed]
781
23.
Training and Fellowship Programs for Community Development
801
24.
Grants for Educational Materials, Facilities and Services, and Strengthening of Educational Agencies [Omitted, Repealed, or Transferred]
821
25.
Pay and Personnel Program for Overseas Teachers
901
25A.
Overseas Defense Dependents’ Education
921
26.
Support and Scholarship in Humanities and Arts; Museum Services
951
26A.
Indemnity for Exhibitions of Arts and Artifacts
971
27.
National Vocational Student Loan Insurance [Repealed]
981
28.
Higher Education Resources and Student Assistance
1001
29.
International Studies and Research [Omitted or Repealed]
1171
30.
Basic Education for Adults
1201
31.
General Provisions Concerning Education
1221
32.
Vocational Education [Omitted or Repealed]
1241
33.
Education of Individuals With Disabilities
1400
34.
National Commission on Libraries and Information Science
1501
35.
Environmental Education [Omitted]
1531
36.
Emergency School Aid [Repealed]
1601
37.
Assignment or Transportation of Students
1651
38.
Discrimination Based on Sex or Blindness
1681
39.
Equal Educational Opportunities and Transportation of Students
1701
40.
Consolidation of Education Programs [Omitted, Repealed, or Transferred]
1801
41.
National Reading Improvement Program [Repealed]
1901
42.
Harry S Truman Memorial Scholarships
2001
43.
American Folklife Preservation
2101
44.
Vocational Education
2301
45.
Career Education and Career Development
2501
46.
Career Education Incentive [Repealed or Omitted]
2601
47.
Strengthening and Improvement of Elementary and Secondary Schools [Omitted, Transferred, or Repealed]
2701
48.
Department of Education
3401
49.
Asbestos School Hazard Detection and Control
3601
50.
National Center for the Study of Afro-American History and Culture
3701
51.
Elementary and Secondary Education Block Grant [Repealed]
3801
52.
Education for Economic Security
3901
53.
Emergency Immigrant Education Assistance [Repealed]
4101
54.
Leadership in Educational Administration [Repealed]
4201
55.
Education of the Deaf
4301
56.
American Indian, Alaska Native, and Native Hawaiian Culture and Art Development
4401
57.
James Madison Memorial Fellowship Program
4501
58.
Drug-Free Schools and Communities [Repealed or Transferred]
4601
59.
Barry Goldwater Scholarship and Excellence in Education Program
4701
60.
Fund for the Improvement and Reform of Schools and Teaching [Repealed]
4801
61.
Education for Native Hawaiians [Repealed]
4901
62.
Education and Training for American Competitiveness [Repealed]
5001
63.
Eisenhower Exchange Fellowship Program
5201
64.
Excellence in Mathematics, Science, and Engineering Education [Repealed]
5301
65.
National Environmental Education
5501
66.
Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation
5601
67.
Christopher Columbus Fellowship Foundation
5701
68.
National Education Reform
5801
69.
School-to-Work Opportunities
6101
70.
Strengthening and Improvement of Elementary and Secondary Schools
6301
71.
National Education Statistics
9001

        

Cross References

Agricultural and mechanical colleges, see section 301 et seq. of Title 7, Agriculture.

Armed forces, Air Force—

Civil Air Patrol, see section 9441 et seq. of Title 10, Armed Forces.

Junior Reserve Officers’ Training Corps, see section 2031 et seq. of Title 10.

Schools and camps, see section 9411 et seq. of Title 10.

Senior Reserve Officers’ Training Corps, see section 2101 et seq. of Title 10.

Training generally, see section 9301 et seq. of Title 10.

United States Air Force Academy, see section 9331 et seq. of Title 10.

Armed forces, Army—

Junior Reserve Officers’ Training Corps, see section 2031 et seq. of Title 10.

Schools and camps, see section 4411 et seq. of Title 10.

Senior Reserve Officers’ Training Corps, see section 2101 et seq. of Title 10.

Training generally, see section 4301 et seq. of Title 10.

United States Military Academy, see section 4331 et seq. of Title 10.

Armed forces, Coast Guard—

Coast Guard Academy, see section 181 et seq. of Title 14, Coast Guard.

Navy schools, see section 145 of Title 14.

School instruction and training, see sections 92, 93, 470 of Title 14.

Training, see section 469 of Title 14.

Armed forces, Navy—

Junior Reserve Officers’ Training Corps, see section 2031 et seq. of Title 10, Armed Forces.

Officer procurement programs, see section 6911 et seq. of Title 10.

Schools near naval activities; financial aid; transportation of dependents, see section 7204 of Title 10.

Senior Reserve Officers’ Training Corps, see section 2101 et seq. of Title 10.

United States Naval Academy, see section 6951 et seq. of Title 10.

United States Naval Postgraduate School, see section 7041 et seq. of Title 10.

Armed forces, training generally, see section 10141 of Title 10.

Cultural and Technical Interchange Center Between East and West, see section 2054 et seq. of Title 22, Foreign Relations and Intercourse.

Foreign Service Institute, see section 4021 et seq. of Title 22.

Indians, see sections 271 et seq., 2601 et seq., 3301 et seq., 3401 et seq. of Title 25, Indians.

Maritime Education and Training, see section 1295 et seq. of Title 46, Appendix, Shipping.

Mutual educational and cultural exchange program, see section 2451 et seq. of Title 22, Foreign Relations and Intercourse.

School lunch programs, see section 1751 et seq. of Title 42, The Public Health and Welfare.

United Nations Educational, Scientific, and Cultural Organization, see section 287m et seq. of Title 22, Foreign Relations and Intercourse.

United States information and educational exchange programs, see section 1431 et seq. of Title 22.

CHAPTER 1—OFFICE OF EDUCATION

§§1, 2. Repealed. Pub. L. 92–318, title III, §301(b)(2)(A), June 23, 1972, 86 Stat. 332

Section 1, R.S. §516, established Office of Education and provided for purpose and duties of Office.

Section 2, R.S. §517, provided for appointment of a Commissioner of Education to manage Office of Education.

Effective Date of Repeal

Section 301(b)(2)(A) of Pub. L. 92–318 provided that the repeal is effective July 1, 1972.

Executive Order No. 11185

Ex. Ord. No. 11185, Oct. 16, 1964, 29 F.R. 14399, as amended by Ex. Ord. No. 11260, Dec. 11, 1965, 30 F.R. 15395; Ex. Ord. No. 11661, Mar. 24, 1972, 37 FR 6281, which provided for the coordination of federal education programs, was superseded by Ex. Ord. No. 11761, Jan. 17, 1974, 39 F.R. 2345, formerly set out under section 1221 of this title.

§2a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 647

Section, act May 26, 1930, ch. 330, 46 Stat. 384, provided for appointment of an Assistant Commissioner of Education.

§§3, 4. Repealed. Pub. L. 91–230, title IV, §401(d)(1), (2), Apr. 13, 1970, 84 Stat. 173

Section 3, act May 28, 1896, ch. 252, §1, 29 Stat. 171; Reorg. Plan No. I of 1939, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; Reorg. Plan No. 1 of 1953, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, provided for publication of a bulletin of Office of Education respecting condition of higher education, technical and industrial education, compulsory school attendance, and other domestic and foreign education topics, and provided for a one edition issue of 12,500 copies, chargeable to allotment for printing and binding of the Department of Health, Education, and Welfare.

Section 4, R.S. §518, which directed Commissioner of Education to present an annual report to Congress.

§5. Repealed. Oct. 31, 1951, ch. 654, §1(36), 65 Stat. 702

Section, R.S. §519; acts Feb. 26, 1925, ch. 339, §3, 43 Stat. 983; Mar. 2, 1934, ch. 38, §1, 48 Stat. 389; June 30, 1949, ch. 288, title I, §103, 63 Stat. 380, required Administrator of General Services to furnish proper offices for use of Office of Education.

§6. Repealed. Pub. L. 91–230, title IV, §401(d)(3), Apr. 13, 1970, 84 Stat. 173

Section, Pub. L. 90–576, title III, §303(a)–(d), Oct. 16, 1968, 82 Stat. 1095, related to collection and dissemination of information, providing in subsec. (a) for duties of Commissioner of Education, subsec. (b) for counseling and technical assistance in rural areas, in subsec. (c) for preparation and availability of catalog of Federal education assistance programs, and subsec. (d) for authorization of appropriations.

CHAPTER 2—TEACHING OF AGRICULTURAL, TRADE, HOME ECONOMICS, AND INDUSTRIAL SUBJECTS

Sec.
11.
Annual appropriations.
12.
Salaries of teachers, supervisors, or directors of agricultural subjects; amounts; allotment of funds to States.
13.
Salaries of teachers of trade, home economics, and industrial subjects; amounts; allotment of funds to States.
14.
Preparing teachers, supervisors, and directors of agricultural subjects; amounts; allotment of funds to States.
15.
Studies, investigations, and reports; salaries and expenses.
15a to 15ggg. Omitted or Repealed.
16.
Acceptance of benefits of appropriations by States; creation of State boards.
17.
Repealed.
18.
Plans and reports by State boards to be submitted to Department of Education.
19.
Expenditure of appropriations; expenses to be borne by States.
20.
Plans by State boards; use of appropriations; agricultural subjects.
21.
Plans by State boards; use of appropriations; trade, home economics, and industrial subjects.
22.
Plans by State boards; use of appropriations; training of teachers, supervisors, or directors.
23.
State custodians of funds appropriated.
24.
Supervision of expenditures by States; quarterly payments to States.
25.
Deductions from allotments when preceding allotments have not been expended.
26.
Withholding allotments.
27.
Loss of funds; replacing; limitation on use.
28.
Reports to Congress by Department of Education.
29 to 35n. Repealed or Omitted.

        

Chapter Referred to in Other Sections

This chapter is referred to in title 36 sections 273, 277; title 38 section 3675.

§11 . Annual appropriations

There is annually appropriated, out of any money in the Treasury not otherwise appropriated, the sums provided in sections 12, 13, and 14 of this title, to be paid to the respective States for the purpose of cooperating with the States in paying the salaries of teachers, supervisors, and directors of agricultural subjects, and teachers of trade, home economics, and industrial subjects, and in the preparation of teachers of agricultural, trade, industrial, and home economics subjects, and the sum provided for in section 15 of this title for the use of the Department of Education for the administration of this chapter and for the purpose of making studies, investigations, and reports to aid in the organization and conduct of vocational education, which sums shall be expended as provided in said sections.

(Feb. 23, 1917, ch. 114, §1, 39 Stat. 929; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Short Title

Section 2 of act June 8, 1936, ch. 541, 49 Stat. 1488, as amended by act Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 775, provided that the Act approved Feb. 23, 1917, ch. 114, 39 Stat. 929, classified to sections 11 to 15 and 16 to 28 of this title, shall be known as the Smith-Hughes Vocational Education Act. The 1917 act is also known as the Vocational Education Act of 1917.

The act of June 8, 1936, ch. 541, 49 Stat. 1488, as amended, which was classified to sections 15i to 15ggg and which was repealed by Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091, was known as the Vocational Education Act of 1946.

Section 1 of Pub. L. 87–22, Apr. 24, 1961, 75 Stat. 44, provided: “That this Act [amending sections 15aa, 15bb, 15cc, and 15jj of this title] may be cited as ‘The Practical Nurse Training Extension Act of 1961’.”

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Federal Board for Vocational Education and its functions abolished by Reorg. Plan No. 2 of 1946, §8, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095, set out in the Appendix to Title 5.

Office of Education in Department of the Interior, including Federal Board for Vocational Education, transferred to Federal Security Agency by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5.

Functions of Federal Board for Vocational Education transferred to Department of the Interior and Board required to act in an advisory capacity without compensation by Ex. Ord. No. 6166, set out as a note under section 901 of Title 5.

Appropriations Under Vocational Education Act of 1963

Pub. L. 90–576, title I, §104, Oct. 16, 1968, 82 Stat. 1091, as amended by Pub. L. 91–230, title VII, §709, Apr. 13, 1970, 84 Stat. 189; Pub. L. 94–482, title II, §203(c)(1), as added Pub. L. 95–40, §1(29), June 3, 1977, 91 Stat. 207; Pub. L. 98–524, §4(h), Oct. 19, 1984, 98 Stat. 2489, provided that: “Funds appropriated by the first section of the Smith-Hughes Act (that is the Act approved February 23, 1917, 39 Stat. 929, as amended (20 U.S.C. 11–15, 16–28)), shall be considered as funds appropriated pursuant to section 3 of the Carl D. Perkins Vocational Education Act [now Carl D. Perkins Vocational and Applied Technology Act; 20 U.S.C. 2302].”

Pub. L. 94–482, title II, §203(c)(2), as added by Pub. L. 95–40, §1(29), June 3, 1977, 91 Stat. 207, provided that: “The amendments made by this section [amending this note and sections 817, 952, and 953 of Title 29, Labor] shall be effective on and after October 1, 1977.”

Cross References

School lunch programs, see section 1751 et seq. of Title 42, The Public Health and Welfare.

§12 . Salaries of teachers, supervisors, or directors of agricultural subjects; amounts; allotment of funds to States

For the purpose of cooperating with the States in paying the salaries of teachers, supervisors, or directors of agricultural subjects there is annually appropriated for the use of the States, subject to the provisions of this chapter, the sum of $3,000,000. Said appropriation shall be allotted to the States in the proportion which their rural population bears to the total rural population in the United States, not including outlying possessions, according to the last preceding United States census. The allotment of funds to any State shall be not less than a minimum of $10,000 for any fiscal year. There is appropriated for each fiscal year the sum of $28,500, or so much thereof as may be necessary, which shall be used for the purpose of providing the minimum allotment to the States provided for in this section.

(Feb. 23, 1917, ch. 114, §2, 39 Stat. 930; July 12, 1960, Pub. L. 86–624, §14(b)(2), 74 Stat. 414.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Codification

Provisions of this section relating to appropriations for particular years have been omitted.

Amendments

1960—Pub. L. 86–624 substituted “$28,500” for “$27,000”.

Effective Date of 1960 Amendment

Section 47(c) of Pub. L. 86–624 provided that: “The amendment made by paragraphs (1) and (2) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 14 [amending this section and sections 14 and 238 of this title, and repealing section 29 of this title] shall be applicable in the case of fiscal years beginning after June 30, 1960.”

Cross References

Population census, see section 141 et seq. of Title 13, Census.

Section Referred to in Other Sections

This section is referred to in sections 11, 16 of this title.

§13 . Salaries of teachers of trade, home economics, and industrial subjects; amounts; allotment of funds to States

For the purpose of cooperating with the States in paying the salaries of teachers of trade, home economics, and industrial subjects there is annually appropriated for the use of the States the sum of $3,000,000. Said appropriation shall be allotted to the States in the proportion which their urban population bears to the total urban population in the United States, not including outlying possessions, according to the last preceding United States census. The allotment of funds to any State shall be not less than a minimum of $10,000 for any fiscal year. There is appropriated the sum of $50,000 annually, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment to the States provided for in this section.

Not more than 20 per centum of the money appropriated under this chapter for the payment of salaries of teachers of trade, home economics, and industrial subjects, for any year, shall be expended for the salaries of teachers of home economics subjects.

(Feb. 23, 1917, ch. 114, §3, 39 Stat. 930.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Cross References

Population census, see section 141 et seq. of Title 13, Census.

Section Referred to in Other Sections

This section is referred to in sections 11, 16 of this title.

§14 . Preparing teachers, supervisors, and directors of agricultural subjects; amounts; allotment of funds to States

For the purpose of cooperating with the States in preparing teachers, supervisors, and directors of agricultural subjects and teachers of trade and industrial and home economics subjects, there is annually appropriated for the use of the States the sum of $1,000,000. Said sum shall be allotted to the States in the proportion which their population bears to the total population of the United States, not including outlying possessions, according to the last preceding United States census. The allotment of funds to any State shall be not less than a minimum of $10,000 for any fiscal year. And there is appropriated the sum of $105,200 annually, or so much thereof as may be needed, which shall be used for the purpose of providing the minimum allotment provided for in this section.

(Feb. 23, 1917, ch. 114, §4, 39 Stat. 931; June 25, 1959, Pub. L. 86–70, §18(b)(1), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, §14(b)(2), 74 Stat. 414.)

Amendments

1960—Pub. L. 86–624 substituted “$105,200” for “$98,500”.

1959—Pub. L. 86–70 substituted “$98,500” for “$90,000”.

Effective Date of 1960 Amendment

For effective date of amendment by Pub. L. 86–624, see section 47(c) of Pub. L. 86–624, set out as a note under section 12 of this title.

Effective Date of 1959 Amendment

Section 47(f) of Pub. L. 86–70 provided that: “The amendments made by paragraph (1) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 18 [amending this section and section 238 of this title] shall be applicable for fiscal years beginning July 1, 1959.”

Cross References

Population census, see section 141 et seq. of Title 13, Census.

Section Referred to in Other Sections

This section is referred to in sections 11, 16 of this title.

§15 . Studies, investigations, and reports; salaries and expenses

There is authorized to be appropriated to the Department of Education the sum of $200,000 annually, for the purpose of making or cooperating in making the studies, investigations, and reports provided for in section 17 of this title, and for the purpose of paying the salaries of the officers, the assistants, and such office and other expenses as the Department may deem necessary to the execution and administration of this chapter; this appropriation is also made available for printing and binding, law books, books of reference and periodicals, and postage on foreign mail.

(Feb. 23, 1917, ch. 114, §7, 39 Stat. 933; Oct. 6, 1917, ch. 79, §1, 40 Stat. 345; Ex. Ord. No. 6166, §15, June 10, 1933; June 26, 1934, ch. 756, §2, 48 Stat. 1225; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Section 17 of this title, referred to in text, was repealed by Pub. L. 89–554, §8(b), Sept. 6, 1966, 80 Stat. 643.

Codification

Section is comprised of act Feb. 23, 1917, constituting this section with the exception of the last clause, and act Oct. 6, 1917, constituting the last clause.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Federal Board for Vocational Education and its functions abolished by Reorg. Plan No. 2 of 1946, §8, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1096, set out in the Appendix to Title 5.

Office of Education, in Department of the Interior, including Federal Board for Vocational Education, transferred to Federal Security Agency by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5.

Functions of Federal Board for Vocational Education transferred to Department of the Interior and Board required to act in an advisory capacity without compensation, by Ex. Ord. No. 6166, set out as a note under section 901 of Title 5.

Appropriations

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title “Salaries and expenses, Federal Board for Vocational Education (fiscal year) (0–801)” effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations.

Cross References

Samoa, provisions applicable, see section 1666 of Title 48, Territories and Insular Possessions.

Section Referred to in Other Sections

This section is referred to in section 11 of this title.

§§15a to 15g . Omitted

Codification

Sections 15a to 15c, act Feb. 5, 1929, ch. 153, §§1–3, 45 Stat. 1151, appropriated money to be used for further development of vocational education in States and Territories but appropriations were authorized for only four years after the fiscal year ending June 30, 1930.

Sections 15d to 15g, act May 21, 1934, ch. 324, §§1–4, 48 Stat. 792, provided for further development of vocational education in several States and Territories by authorizing additional appropriations for the fiscal years 1935–37.

Section 7 of act June 8, 1936, ch. 541, 49 Stat. 1490, incorporated in section 15o of this title, provided that appropriations authorized by act June 8, 1936, incorporated in sections 15h to 15p of this title, “shall be in lieu thereof and not in addition to the appropriations authorized in” sections 1 and 2 of act May 21, 1934.

§§15h to 15m . Repealed. Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091

Section 15h, acts June 8, 1936, ch. 541, §1, 49 Stat. 1488; Aug. 1, 1946, ch. 725, §1, 60 Stat. 775, provided for a popular name. See Short Title note set out under section 11 of this title. Subject matter of section prior to its amendment related to the development of vocational education in States and Territories, appropriations and their allotment, and matching of funds by States and Territories, and was replaced by sections 15j and 15k of this title.

Section 15i, acts June 8, 1936, ch. 541, §2, 49 Stat. 1488; Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 775; Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 925; June 25, 1959, Pub. L. 86–70, §18(b)(2), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, §14(b)(3), 74 Stat. 414, defined “States and Territories”, “State plan”, “State board”, and “Smith-Hughes Vocational Education Act”.

Section 15j, acts June 8, 1936, ch. 541, §3, 49 Stat. 1489; Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 775; Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 925; Aug. 8, 1956, ch. 1039, §2, 70 Stat. 1126, authorized appropriations for programs in vocational education in agriculture, home economics, trades and industry, distributive occupations, and fishery trades.

Section 15k, acts June 8, 1936, ch. 541, §4, 49 Stat. 1489; Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 776; Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 925, required that Federal funds be matched by State and local funds in order to receive benefits of section 15i et seq. of this title.

Section 15l, acts June 8, 1936, ch. 541, §5, 49 Stat. 1489; 1940 Reorg. Plan No. III, §1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 776; Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 925, provided for method of payment of funds to which the State or Territory was entitled under section 15i et seq. of this title.

Section 15m, acts June 8, 1936, ch. 541, §6, 49 Stat. 1489; Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 777; Aug. 2, 1956, ch. 871, title, III, §301, 70 Stat. 925, made funds available for salary and expenses of State directors.

For general subject matter of sections 15i to 15m, see section 1241 et seq. of this title.

Effective Date of Repeal

Section 103 of Pub. L. 90–576 provided that the repeal is effective July 1, 1969.

§15n . Omitted

Section, act June 8, 1936, ch. 541, §6a, 49 Stat. 1490, limited expenditures on industrial plant training and was omitted in the amendment of act June 8, 1936 by act Aug. 1, 1946, ch. 725, 60 Stat. 775.

§§15o to 15q . Repealed. Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091

Section 15o, acts June 8, 1936, ch. 541, §7, 49 Stat. 1490; Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 777; Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 925, made the Smith-Hughes Vocational Education Act applicable to the development of vocational education.

Section 15p, acts June 8, 1936, ch. 541, §8, 49 Stat. 1490; Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 777; Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 925, required that industrial-plant training be bona-fide vocational training and that no more than 10 percent be used for the purchase or acquisition of equipment.

Section 15q, act June 8, 1936, ch. 541, §9, as added Aug. 1, 1946, ch. 725, title I, §101, 60 Stat. 777; amended Reorg. Plan No. 1 of 1953, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 925, authorized appropriations for Office of Education.

For general subject matter of sections 15o to 15q, see section 1241 et seq. of this title.

Effective Date of Repeal

Section 103 of Pub. L. 90–576 provided that the repeal is effective July 1, 1969.

§§15aa to 15jj . Repealed. Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091

Section 15aa, act Aug. 1, 1946, ch. 725, title II, §201, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 925; amended Apr. 24, 1961, Pub. L. 87–22, §2, 75 Stat. 44; Dec. 18, 1963, Pub. L. 88–210, §11(a)(1), 77 Stat. 411, authorized an appropriation for grants to States with State plans for practical nurse training.

Section 15bb, act Aug. 1, 1946, ch. 725, title II, §202, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 926; amended Apr. 24, 1961, Pub. L. 87–22, §3, 75 Stat. 44; Dec. 18, 1963, Pub. L. 88–210, §11(a)(2), 77 Stat. 411, provided for grants to States for practical nurse training.

Section 15cc, act Aug. 1, 1946, ch. 725, title II, §203, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 926; amended Apr. 24, 1961, Pub. L. 87–22, §4, 75 Stat. 44, set out requirements for State plans under sections 15aa to 15jj of this title.

Section 15dd, act Aug. 1, 1946, ch. 725, title II, §204, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 927, set out method of making and computing payments to States.

Section 15ee, act Aug. 1, 1946, ch. 725, title II, §205, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 927, set out duties and authority of Commissioner in carrying out sections 15aa to 15jj of this title.

Section 15ff, act Aug. 1, 1946, ch. 725, title II, §206, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 928, authorized appointment of advisory committees by Commissioner.

Section 15gg, act Aug. 1, 1946, ch. 725, title II, §207, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 928, provided that amounts paid under sections 15aa to 15jj of this title should in no way affect the availability of funds for practical nurse training under sections 11 to 15, 16, and 18 to 28 and sections 15i to 15m and 15o to 15q of this title.

Section 15hh, act Aug. 1, 1946, ch. 725, title II, §208, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 928, required Commissioner to submit an annual report on administration of sections 15aa to 15jj of this title.

Section 15ii, act Aug. 1, 1946, ch. 725, title II, §209, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 928, authorized appropriation of funds necessary to administer sections 15aa to 15jj of this title.

Section 15jj, act Aug. 1, 1946, ch. 725, title II, §210, as added Aug. 2, 1956, ch. 871, title III, §301, 70 Stat. 928; amended June 25, 1959, Pub. L. 86–70, §18(b)(3), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, §14(b)(4), 74 Stat. 414; Apr. 24, 1961, Pub. L. 87–22, §5, 75 Stat. 44, defined terms as used in sections 15aa to 15jj of this title.

For general subject matter of sections 15aa to 15jj, see section 1241 et seq. of this title.

Effective Date of Repeal

Section 103 of Pub. L. 90–576 provided that the repeal is effective July 1, 1969.

§§15aaa to 15ggg . Repealed. Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091

Section 15aaa, act Aug. 1, 1946, ch. 725, title III, §301, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, §802, 72 Stat. 1597; amended Oct. 3, 1961, Pub. L. 87–344, title II, §207, 75 Stat. 760; Dec. 18, 1963, Pub. L. 88–210, §11(b), 77 Stat. 411, authorized an appropriation of $15,000,000 annually for area vocational education programs.

Section 15bbb, act Aug. 1, 1946, ch. 725, title III, §302, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, §802, 72 Stat. 1598, covered allotment of funds appropriated under section 15aaa of this title.

Section 15ccc, act Aug. 1, 1946, ch. 725, title III, §303, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, §802, 72 Stat. 1598, set out conditions which States had to fulfill to qualify for payments.

Section 15ddd, act Aug. 1, 1946, ch. 725, title III, §304, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, §802, 72 Stat. 1599, set out requirements of programs under sections 15aaa to 15ggg of this title.

Section 15eee, act Aug. 1, 1946, ch. 725, title III, §305, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, §802, 72 Stat. 1599, covered additional State plan requirements for eligibility under sections 15aaa to 15ggg of this title.

Section 15fff, act Aug. 1, 1946, ch. 725, title III, §306, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, §802, 72 Stat. 1600, authorized appropriations to administer sections 15aaa to 15ggg of this title.

Section 15ggg, act Aug. 1, 1946, ch. 725, title III, §307, as added Sept. 2, 1958, Pub. L. 85–864, title VIII, §802, 72 Stat. 1600; amended June 25, 1959, Pub. L. 86–70, §18(b)(3), 73 Stat. 144; July 12, 1960, Pub. L. 86–624, §14(b)(4), 74 Stat. 414, defined terms as used in sections 15aaa to 15ggg of this title.

For general subject matter of sections 15aaa to 15ggg, see section 1241 et seq. of this title.

Effective Date of Repeal

Section 103 of Pub. L. 90–576 provided that the repeal is effective July 1, 1969.

§16 . Acceptance of benefits of appropriations by States; creation of State boards

In order to secure the benefits of the appropriations provided for in sections 12 to 14 of this title, any State shall, through the legislative authority thereof, accept the provisions of this chapter and designate or create a State board, consisting of not less than three members, and having all necessary power to cooperate, as herein provided, with the Department of Education, in the administration of the provisions of this chapter. The State board of education, or other board having charge of the administration of public education in the State, or any State board having charge of the administration of any kind of vocational education in the State may, if the State so elect, be designated as the State board, for the purposes of this chapter.

Any State may accept the benefits of any one or more of the respective funds herein appropriated, and it may defer the acceptance of the benefits of any one or more of such funds, and shall be required to meet only the conditions relative to the fund or funds the benefits of which it has accepted, except that no State shall receive any appropriations for salaries of teachers, supervisors, or directors of agricultural subjects, until it shall have taken advantage of at least the minimum amount appropriated for the training of teachers, supervisors, or directors of agricultural subjects, as provided for in this chapter, and no State shall receive any appropriation for the salaries of teachers of trade, home economics, and industrial subjects until it shall have taken advantage of at least the minimum amount appropriated for the training of teachers of trade, home economics, and industrial subjects, as provided for in this chapter.

(Feb. 23, 1917, ch. 114, §5, 39 Stat. 931; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

§17 . Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 643

Section, act Feb. 23, 1917, ch. 114, §6, 39 Stat. 932, created a Federal Board for Vocational Education, and provided for appointments, salary, powers and duties.

§18 . Plans and reports by State boards to be submitted to Department of Education

In order to secure the benefits of the appropriation for any purpose specified in this chapter, the State board shall prepare plans, showing the kinds of vocational education for which it is proposed that the appropriation shall be used; the kinds of schools and equipment; courses of study; methods of instruction; qualifications of teachers; and, in the case of agricultural subjects, the qualifications of supervisors or directors; plans for the training of teachers; and, in the case of agricultural subjects, plans for the supervision of agricultural education, as provided for in section 20 of this title. Such plans shall be submitted by the State board to the Department of Education, and if such Department finds the same to be in conformity with the provisions and purposes of this chapter, the same shall be approved. The State board shall make an annual report to the Department of Education, on or before September 1st of each year, on the work done in the State and the receipts and expenditures of money under the provisions of this chapter.

(Feb. 23, 1917, ch. 114, §8, 39 Stat. 933; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

§19. Expenditure of appropriations; expenses to be borne by States

The appropriation for the salaries of teachers, supervisors, or directors of agricultural subjects and of teachers of trade, home economics, and industrial subjects shall be devoted exclusively to the payment of salaries of such teachers, supervisors, or directors having the minimum qualifications set up for the State by the State board, with the approval of the Department of Education. The cost of instruction supplementary to the instruction in agricultural 1 and in trade, home economics, and industrial subjects provided for in this chapter, necessary to build a well-rounded course of training, shall be borne by the State and local communities, and no part of the cost thereof shall be borne out of the appropriations made in said sections. The moneys expended under the provisions of said sections, in cooperation with the States, for the salaries of teachers, supervisors, or directors of agricultural subjects, or for the salaries of teachers of trade, home economics, and industrial subjects, shall be conditioned that for each dollar of Federal money expended for such salaries the State or local community or both, shall expend an equal amount for such salaries; and that appropriations for the training of teachers of vocational subjects, as provided in this chapter, shall be conditioned that such money be expended for maintenance of such training and that for each dollar of Federal money so expended for maintenance, the State or local community, or both, shall expend an equal amount for the maintenance of such training.

(Feb. 23, 1917, ch. 114, §9, 39 Stat. 933; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

1 So in original. Probably should be “agriculture”.

§20. Plans by State boards; use of appropriations; agricultural subjects

Any State may use the appropriation for agricultural purposes, or any part thereof allotted to it, under the provisions of this chapter, for the salaries of teachers, supervisors, or directors of agricultural subjects, either for the salaries of teachers of such subjects in schools or classes or for the salaries of supervisors or directors of such subjects under a plan of supervision for the State to be set up by the State board, with the approval of the Department of Education. In order to receive the benefits of such appropriation for the salaries of teachers, supervisors, or directors of agricultural subjects the State board of any State shall provide in its plan for agricultural education that such education shall be that which is under public supervision or control; that the controlling purpose of such education shall be to fit for useful employment; that such education shall be of less than college grade and be designed to meet the needs of persons over fourteen years of age who have entered upon or who are preparing to enter upon the work of the farm or of the farm home; that the State or local community, or both, shall provide the necessary plant and equipment determined upon by the State board, with the approval of the Department of Education, as the minimum requirement for such education in schools and classes in the State; that the amount expended for the maintenance of such education in any school or class receiving the benefit of such appropriation shall be not less annually than the amount fixed by the State board, with the approval of the Department of Education, as the minimum for such schools or classes in the State; that such schools shall provide for directed or supervised practice in agriculture, either on a farm provided for by the school or other farm, for at least six months per year; that the teachers, supervisors, or directors of agricultural subjects shall have at least the minimum qualifications determined for the State by the State board, with the approval of the Department of Education.

(Feb. 23, 1917, ch. 114, §10, 39 Stat. 934; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

Section Referred to in Other Sections

This section is referred to in section 18 of this title.

§21. Plans by State boards; use of appropriations; trade, home economics, and industrial subjects

In order to receive the benefits of the appropriation for the salaries of teachers of trade, home economics, and industrial subjects the State board of any State shall provide in its plan for trade, home economics, and industrial education that such education shall be given in schools or classes under public supervision or control; that the controlling purpose of such education shall be to fit for useful employment; that such education shall be of less than college grade and shall be designed to meet the needs of persons over fourteen years of age who are preparing for a trade or industrial pursuit or who have entered upon the work of a trade or industrial pursuit; that the State or local community, or both, shall provide the necessary plant and equipment determined upon by the State board, with the approval of the Department of Education, as the minimum requirement in such State for education for any given trade or industrial pursuit; that the total amount expended for the maintenance of such education in any school or class receiving the benefit of such appropriation shall be not less annually than the amount fixed by the State board, with the approval of the Department of Education, as the minimum for such schools or classes in the State; that such schools or classes giving instruction to persons who have not entered upon employment shall require that at least half of the time of such instruction be given to practical work on a useful or productive basis, such instruction to extend over not less than nine months per year and not less than thirty hours per week; that at least one-third of the sum appropriated to any State for the salaries of teachers of trade, home economics, and industrial subjects shall, if expended, be applied to part-time schools or classes for workers over fourteen years of age who have entered upon employment, and such subjects in a part-time school or class may mean any subject given to enlarge the civic or vocational intelligence of such workers over fourteen and less than eighteen years of age; that such part-time schools or classes shall provide for not less than one hundred and forty-four hours of classroom instruction per year; that evening industrial schools shall fix the age of sixteen years as a minimum entrance requirement and shall confine instruction to that which is supplemental to the daily employment; that the teachers of any trade or industrial subject in any State shall have at least the minimum qualifications for teachers of such subject determined upon for such State by the State board, with the approval of the Department of Education. For cities and towns of less than twenty-five thousand population, according to the last preceding United States census, the State board, with the approval of the Department of Education, may modify the conditions as to the length of course and hours of instruction per week for schools and classes giving instruction to those who have not entered upon employment, in order to meet the particular needs of such cities and towns.

(Feb. 23, 1917, ch. 114, §11, 39 Stat. 934; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

§22. Plans by State boards; use of appropriations; training of teachers, supervisors, or directors

In order for any State to receive the benefits of the appropriation in this chapter for the training of teachers, supervisors, or directors of agricultural subjects, or of teachers of trade, industrial or home economics subjects, the State board of such State shall provide in its plan for such training that the same shall be carried out under the supervision of the State board; that such training shall be given in schools or classes under public supervision or control; that such training shall be given only to persons who have had adequate vocational experience or contact in the line of work for which they are preparing themselves as teachers, supervisors, or directors, or who are acquiring such experience or contact as a part of their training; and that the State board, with the approval of the Department of Education, shall establish minimum requirements for such experience or contact for teachers, supervisors, or directors of agricultural subjects and for teachers of trade, industrial, and home economics subjects; that not more than 60 per centum nor less than 20 per centum of the money appropriated under this chapter for the training of teachers of vocational subjects to any State for any year shall be expended for any one of the following purposes: For the preparation of teachers, supervisors, or directors of agricultural subjects, or the preparation of teachers of trade and industrial subjects, or the preparation of teachers of home economics subjects.

(Feb. 23, 1917, ch. 114, §12, 39 Stat. 935; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

§23. State custodians of funds appropriated

In order to secure the benefits of the appropriations for the salaries of teachers, supervisors, or directors of agricultural subjects, or for the salaries of teachers of trade, home economics, and industrial subjects, or for the training of teachers as provided in this chapter, any State shall, through the legislative authority thereof, appoint as custodian for said appropriations its State treasurer, who shall receive and provide for the proper custody and disbursements of all money paid to the State from said appropriations.

(Feb. 23, 1917, ch. 114, §13, 39 Stat. 935.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

§24. Supervision of expenditures by States; quarterly payments to States

The Department of Education shall annually ascertain whether the several States are using, or are prepared to use, the money received by them in accordance with the provisions of this chapter. On or before the first day of January of each year the Department of Education shall certify to the Secretary of the Treasury each State which has accepted the provisions of this chapter and complied therewith, certifying the amounts which each State is entitled to receive under the provisions of this chapter. Upon such certification the Secretary of the Treasury shall pay quarterly to the custodian for vocational education of each State the moneys to which it is entitled under the provisions of this chapter. The moneys so received by the custodian for vocational education for any State shall be paid out on the requisition of the State board as reimbursement for expenditures already incurred to such schools as are approved by said State board and are entitled to receive such moneys under the provisions of this chapter.

(Feb. 23, 1917, ch. 114, §14, 39 Stat. 935; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

§25. Deductions from allotments when preceding allotments have not been expended

Whenever any portion of the fund annually allotted to any State has not been expended for the purpose provided for in this chapter, a sum equal to such portion shall be deducted by the Department of Education from the next succeeding annual allotment from such fund to such State.

(Feb. 23, 1917, ch. 114, §15, 39 Stat. 936; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

§26. Withholding allotments

The Department of Education may withhold the allotment of moneys to any State whenever it shall be determined that such moneys are not being expended for the purposes and under the conditions of this chapter.

If any allotment is withheld from any State, the State board of such State may appeal to the Congress of the United States, and if the Congress shall not direct such sum to be paid it shall be covered into the Treasury.

(Feb. 23, 1917, ch. 114, §16, 39 Stat. 936; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

§27. Loss of funds; replacing; limitation on use

If any portion of the moneys received by the custodian for vocational education of any State under this chapter, for any given purpose named in this chapter, shall, by any action or contingency, be diminished or lost, it shall be replaced by such State, and until so replaced no subsequent appropriation for such education shall be paid to such State. No portion of any moneys appropriated under this chapter for the benefit of the States shall be applied, directly or indirectly, to the purchase, erection, preservation, or repair of any building or buildings or equipment, or for the purchase or rental of lands, or for the support of any religious or privately owned or conducted school or college.

(Feb. 23, 1917, ch. 114, §17, 39 Stat. 936.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

§28. Reports to Congress by Department of Education

The Department of Education shall make an annual report to Congress, on or before December 1, on the administration of this chapter and shall include in such report the reports made by the State boards on the administration of this chapter by each State and the expenditure of the money allotted to each State.

(Feb. 23, 1917, ch. 114, §18, 39 Stat. 936; Ex. Ord. No. 6166, §15, June 10, 1933; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301, title V, §507, 93 Stat. 677, 692.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Feb. 23, 1917, which was classified to sections 11 to 15 and 16 to 28 of this title. Other sections formerly contained in this chapter were based on other acts, and have been omitted or repealed.

Transfer of Functions

“Department of Education” substituted in text for “Department of Health, Education, and Welfare” pursuant to sections 301 and 507 of Pub. L. 96–88, which are classified to sections 3441 and 3507 of this title and which transferred functions and offices (relating to education) of Department of Health, Education, and Welfare to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions of Federal Board for Vocational Education to Department of the Interior under Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, and from there to Federal Security Agency by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its functions by Reorg. Plan No. 2 of 1946, see notes set out under section 11 of this title.

Cross References

Department of Education, submission of State board reports to, see section 18 of this title.

§29. Repealed. Pub. L. 86–624, §14(b)(1), July 12, 1960, 74 Stat. 413

Section, act Mar. 10, 1924, ch. 46, §4, 43 Stat. 18, extended benefits of chapter to Territory of Hawaii.

Effective Date of Repeal

Repeal applicable in the case of fiscal years beginning after June 30, 1960, see section 47(c) of Pub. L. 86–624, set out as an Effective Date of 1960 Amendment note under section 12 of this title.

§§30 to 34. Repealed. Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091

Section 30, acts Mar. 3, 1931, ch. 404, §1, 46 Stat. 1489; May 17, 1932, ch. 190, 47 Stat. 158, extended to Puerto Rico the benefits of sections 11–15, 16, and 18–28 of this title.

Section 31, act Mar. 18, 1950, ch. 71, §1, 64 Stat. 27, extended to Virgin Islands the benefits of Vocational Education Act of 1946 (sections 15i to 15m, 15o to 15q, 15aa to 15jj, and 15aaa to 15ggg of this title).

Section 32, act Mar. 18, 1950, ch. 71, §2, 64 Stat. 27; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, authorized distribution of funds to Virgin Islands.

Section 33, act Mar. 18, 1950, ch. 71, §3, 64 Stat. 27; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set conditions governing use and payment of funds in Virgin Islands.

Section 34, act Aug. 1, 1956, ch. 852, §9, 70 Stat. 909, extended to Guam the benefits of Vocational Education Act of 1946.

Effective Date of Repeal

Section 103 of Pub. L. 90–576 provided that the repeal is effective July 1, 1969.

§§35 to 35n. Omitted

Codification

Sections 35, 35 note, and 35a to 35n, which were enacted by Part A of Pub. L. 88–210, §§1–10, 12–17, Dec. 18, 1963, 77 Stat. 403 to 415, to be known as the “Vocational Education Act of 1963” were omitted in the general reorganization of Pub. L. 88–210 by Pub. L. 90–576, title I, §101, Oct. 16, 1968, 82 Stat. 1064, which redesignated such Part A as title I of Pub. L. 88–210 and, as so redesignated, completely reorganized such title I and authorized its citation as the “Vocational Education Act of 1963”. Such act, as redesignated and reorganized, was classified to section 1241 et seq. of this title.

Section 35, Pub. L. 88–210, §1, Dec. 18, 1963, 77 Stat. 403, set out declaration of policy as to sections 35 to 35n of this title.

Section 35 note, Pub. L. 88–210, §17, Dec. 18, 1963, 77 Stat. 415, named sections 1–17 of Pub. L. 88–210 the “Vocational Education Act of 1963”. See Short Title note set out under section 2301 of this title.

Section 35a, Pub. L. 88–210, §2, Dec. 18, 1963, 77 Stat. 403, authorized annual appropriations.

Section 35b, Pub. L. 88–210, §3, Dec. 18, 1963, 77 Stat. 403, covered determination of allotment to be made to each State of sums appropriated under section 35a of this title.

Section 35c, Pub. L. 88–210, §4, Dec. 18, 1963, 77 Stat. 405, set out allowable uses for allotments.

Section 35d, Pub. L. 88–210, §5, Dec. 18, 1963, 77 Stat. 405, set out requisite elements of State plan and covered the designation of State board and State advisory council, policy and procedure for allocation of allotment, qualifications of persons under the plan, arrangements with public employment offices, accounting and fiscal control, labor standards, and reports.

Section 35e, Pub. L. 88–210, §6, Dec. 18, 1963, 77 Stat. 407, set conditions for payments to States.

Section 35f, Pub. L. 88–210, §7, Dec. 18, 1963, 77 Stat. 408, provided for application of labor standards under the Davis-Bacon Act (40 U.S.C. 276a to 276a–5) to construction projects assisted under sections 35 to 35n of this title.

Section 35g, Pub. L. 88–210, §8, Dec. 18, 1963, 77 Stat. 408, defined terms used in sections 35 to 35n of this title.

Section 35h, Pub. L. 88–210, §9, Dec. 18, 1963, 77 Stat. 410, established Advisory Committee on Vocational Education.

Section 35i, Pub. L. 88–210, §10, Dec. 18, 1963, 77 Stat. 410, covered uses of allotments obtained under other statutes.

Section 35j, Pub. L. 88–210, §12, Dec. 18, 1963, 77 Stat. 411, established Advisory Council on Vocational Education.

Section 35k, Pub. L. 88–210, §13, Dec. 18, 1963, 77 Stat. 412, provided for creation and funding of work-study programs.

Section 35l, Pub. L. 88–210, §14, Dec. 18, 1963, 77 Stat. 414, authorized grants for residential vocational education schools.

Section 35m, Pub. L. 88–210, §15, Dec. 18, 1963, 77 Stat. 415, authorized appropriations for work-study and residential schools.

Section 35n, Pub. L. 88–210, §16, Dec. 18, 1963, 77 Stat. 415, prohibited statutory construction authorizing Federal direction, supervision, or controls of programs under sections 35 to 35n of this title.

CHAPTER 3—SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES

SUBCHAPTER I—CHARTER PROVISIONS

Sec.
41.
Incorporation of institution.
42.
Board of Regents; members.
43.
Appointment of regents; terms of office; vacancies.
44.
Organization of board; expenses; gratuitous services.
45.
Special meetings of members.
46.
Duties of Secretary.
46a.
Employment of aliens by Secretary.
47.
Acting Secretary.
48.
Salary and removal of Secretary and assistants.
49.
Statement of expenditures.
50.
Reception and arrangement of specimens and objects of art.
50a.
Gellatly art collection; estimates of sums needed for preservation and maintenance.
51.
Library.
52.
Evidence of title to site and buildings.
53.
Protection of property.
53a.
Authorization of appropriations.
54.
Appropriation of interest.
55.
Acceptance of other sums.
56.
Disposal of unappropriated money.
57.
Disbursements.
58.
Annual report of salaries.
59.
Collections of National Ocean Survey, United States Geological Survey, and others deposited in National Museum.
60.
Army articles furnished to National Museum.
61 to 65.
Repealed.
65a.
Director of the National Museum.
(a)
Duties; programs and studies; annual report to Congress.
(b)
Authorization of appropriations.
66.
Repealed.
67.
Right of repeal.
68.
Repealed.
69.
Anthropological researches; cooperation of Institution with States, educational institutions, or scientific organizations.
70.
Authorization of appropriations; cooperative work.

        

SUBCHAPTER II—NATIONAL GALLERY OF ART

71.
Designation of site.
71a.
Additions; payment of construction costs from trust funds.
71b.
Status of completed addition.
72.
Board of Trustees.
(a)
Establishment.
(b)
Method of selection; term of office.
73.
Acceptance of gift from A. W. Mellon.
74.
Maintenance.
(a)
Pledge of funds for upkeep; authorization of appropriations.
(b)
Acceptance of gifts and other property; investment of funds.
(c)
Appointment and compensation of officers and employees.
(d)
Review of actions of board.
74a.
Permanent loan of funds by Board of Trustees to Treasury; semiannual interest payments to Board.
75.
Authority and functions of the board.
(a)
Official seal; bylaws, rules, and regulations; quorum.
(b)
Quality of works of art.
(c)
Powers and obligations.
(d)
Annual reports.

        

SUBCHAPTER III—NATIONAL PORTRAIT GALLERY

75a.
Definitions.
75b.
Establishment of National Portrait Gallery; functions.
75c.
Creation of National Portrait Gallery Commission; members; functions; powers.
75d.
Acceptance of gifts; title to property.
75e.
Powers of Board.
75f.
Director; appointment and compensation; officers and employees.
75g.
Authorization of appropriations.

        

SUBCHAPTER IV—SMITHSONIAN GALLERY OF ART

76, 76a.
Omitted.
76b.
Functions of Regents.
(a)
Solicitation of construction funds.
(b)
Construction of building.
(c)
Name of building; supervision and control.
76c.
Policy to foster appreciation of past and contemporary art.
(a)
Solicitations of private donations.
(b)
Solicitation of funds to acquire and sell works of art; employ artists, award scholarships, etc.
76d.
Donations of works of art from Government agencies.
76e.
Housing or exhibiting objects of art possessed by Smithsonian Institution.
76f.
Appointment, compensation, and duties of Director of Gallery; personnel.
76g.
Authorization of appropriations.

        

SUBCHAPTER V—JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

76h.
Board of Trustees.
(a)
Establishment.
(b)
General trustees.
(c)
Advisory Committee on the Arts.
76i.
Construction of building; fund raising; designation as John F. Kennedy Center for the Performing Arts; location and selection of site; acquisition of lands; plans and specifications.
76j.
Duties of Board.
(a)
Programs, activities, and goals.
(b)
Restriction on additional memorials.
76k.
Powers of Board.
(a)
Solicitation and acceptance of gifts.
(b)
Appointment of officers and employees.
(c)
Transfer of property.
(d)
Transfer of personnel.
(e)
Review of Board actions.
(f)
Collective bargaining.
76l.
Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit.
(a)
Adoption of seal; Board function notwithstanding vacancies; quorum.
(b)
Powers and obligations of Board in respect of trust funds.
(c)
Annual report of operations and finances.
(d)
Audit of accounts.
(e)
Inspector General.
(f)
Property and personnel compensation.
76m, 76n. Repealed.
76o.
Borrowing authority to finance parking facilities.
(a)
Revenue bonds.
(b)
Interest.
(c)
Kennedy Center Revenue Bond Sinking Fund.
76p.
Acceptance and disposition of gifts to the United States contributed in honor or memory of the late President John F. Kennedy.
76q.
Sole national memorial to the late John F. Kennedy within the city of Washington and environs.
76r.
Authorization of appropriations.
(a)
Maintenance, repair, and security.
(b)
Capital projects.
(c)
Limitation on use of funds.
76s.
Definitions.

        

SUBCHAPTER VI—JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

76aa.
Site for museum and sculpture garden.
(a)
Appropriation and availability.
(b)
Powers and duties of Board of Regents.
76bb.
Joseph H. Hirshhorn Museum and Sculpture Garden.
(a)
Designation; administration by Board of Regents; cooperation of Board with Secretary of the Interior.
(b)
Federal funds.
(c)
Uses.
76cc.
Board of Trustees.
(a)
Establishment; powers and duties.
(b)
Membership; appointment; terms of office; vacancies.
76dd.
Director, administrator, curators, and other personnel; appointment, compensation, and duties.
76ee.
Authorization of appropriations.

        

SUBCHAPTER VII—NATIONAL AIR AND SPACE MUSEUM

77.
National Air and Space Museum.
(a)
Establishment; board; administration; reimbursement of expenses.
(b)
Appointment and compensation of head of museum.
77a.
Functions of museum.
77b.
Repealed.
77c.
Museum board.
(a)
Seal; regulations; vacancies.
(b)
Annual report.
77d.
Transfer or loan of aeronautical or space flight equipment to museum.

        

SUBCHAPTER VIII—PALEONTOLOGICAL INVESTIGATIONS

78.
Cooperation of Smithsonian Institution with State institutions for continuing paleontological investigations.
78a.
Authorization of appropriations; availability of funds; limit on use of funds during fiscal year; supervision; rules and regulations.

        

SUBCHAPTER IX—CANAL ZONE BIOLOGICAL AREA

79.
Barro Colorado Island in Gatun Lake to be set aside.
79a.
Preservation of natural features for scientific observation and investigation.
79b.
Functions of Smithsonian Institution.
79c.
Resident manager; powers and duties; compensation.
79d.
Deposit of receipts into Treasury; disbursements.
79e.
Authorization of appropriations.

        

SUBCHAPTER X—NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

80.
National Armed Forces Museum Advisory Board.
(a)
Establishment; functions.
(b)
Membership.
(c)
Term of office; vacancies.
(d)
Quorum.
(e)
Compensation, travel and other expenses.
(f)
Biennial organization; rules and regulations.
80a.
Display of contributions of Armed Forces.
(a)
Study center; historical collections.
(b)
National Air and Space Museum provisions unaffected.
80b.
Selection of site.
(a)
Authorization of Board of Regents; submission of recommendations to Congress.
(b)
Public exhibits and study collections; exhibits of military and naval operations.
80c.
Transfer or loan of objects, equipment and records to Smithsonian Institution.
80d.
Authorization of appropriations.

        

SUBCHAPTER XI—WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

80e.
Congressional declaration of policy.
80f.
Woodrow Wilson International Center for Scholars; Board of Trustees of the Center.
(a)
Establishment.
(b)
Composition of Board.
(c)
Appointment of alternate members by members of Board.
(d)
Terms of office; vacancies; reappointment.
(e)
Chairman and Vice Chairman of Board.
80g.
Powers and duties of Board.
(a)
Appointment of scholars; gifts, bequests, etc.; grants; location of Center; physical facilities; compensation of officers; plans and specifications for Center.
(b)
Relocation assistance and programs.
80g–1.
Hubert H. Humphrey Fellowship in Social and Political Thought.
(a)
Establishment in Center.
(b)
Selection of Humphrey Fellow; term; compensation.
(c)
Functions of Humphrey Fellow; publication and dissemination by Board of Memorial Lectures.
(d)
Hubert H. Humphrey Fellowship Trust Fund; establishment, composition, investments, etc.
(e)
Payments to Board from investments for implementation of Fellowship purposes.
(f)
Authorization of appropriations.
80h.
Administration; quorum.
80i.
Authorization of appropriations; limitations.
80j.
Audit of accounts.

        

SUBCHAPTER XII—MUSEUM OF AFRICAN ART

80k.
Donation and transfer of lands and improvements, works of art, and other assets and property of Museum of African Art to Smithsonian Institution.
80l.
Establishment of Museum of African Art; functions.
80m.
Powers of Board.
(a)
Acquisition, retention, and disposition of property; research and education programs.
(b)
Recommendations of Commission.
80n.
Commission for the Museum of African Art.
(a)
Establishment; duties.
(b)
Membership.
(c)
Terms of office.
(d)
Quorum; vacancies.
(e)
Travel, subsistence, and other expenses.
(f)
Selection of officers; bylaws.
80o.
Director, officers, and employees; appointment, compensation, and duties.
80p.
Funding.
(a)
Federal funds for Museum.
(b)
Authorization of appropriations.

        

SUBCHAPTER XIII—NATIONAL MUSEUM OF THE AMERICAN INDIAN

80q.
Findings.
80q–1.
National Museum of the American Indian.
(a)
Establishment.
(b)
Purposes.
80q–2.
Authority of Board of Regents to enter into agreement providing for transfer of Heye Foundation assets to Smithsonian Institution.
80q–3.
Board of Trustees of National Museum of the American Indian.
(a)
In general.
(b)
General duties and powers.
(c)
Sole authority.
(d)
Authority.
(e)
Initial appointments to Board of Trustees.
(f)
Subsequent appointments to Board of Trustees.
(g)
Quorum.
(h)
Expenses.
80q–4.
Director and staff of National Museum.
(a)
In general.
(b)
Offer of employment to Heye Foundation employees.
(c)
Applicability of certain civil service laws.
80q–5.
Museum facilities.
(a)
National Museum mall facility.
(b)
National Museum Heye Center facility.
(c)
Museum Support Center facility.
(d)
Minimum square footage.
(e)
Authority to contract with GSA.
(f)
Limitation on obligation of Federal funds.
80q–6.
Custom House office space and auditorium.
(a)
Repairs and alterations.
(b)
Authorization of appropriation.
80q–7.
Audubon Terrace.
(a)
In general.
(b)
Determination of charges.
(c)
Definition.
80q–8.
Board of Regents functions with respect to certain agreements and programs.
(a)
Priority to be given to Indian organizations with respect to certain agreements.
(b)
Indian programs.
(c)
Indian Museum Management Fellowships.
(d)
Authorization of appropriations.
80q–9.
Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution.
(a)
Inventory and identification.
(b)
Notice in case of identification of tribal origin.
(c)
Return of Indian human remains and associated Indian funerary objects.
(d)
Return of Indian funerary objects not associated with Indian human remains.
(e)
Interpretation.
(f)
Authorization of appropriations.
80q–10.
Special committee to review inventory, identification, and return of Indian human remains and Indian funerary objects.
(a)
Establishment; duties.
(b)
Membership.
(c)
Access.
(d)
Pay and expenses of members.
(e)
Rules and administrative support.
(f)
Report and termination.
(g)
Nonapplicability of Federal Advisory Committee Act.
(h)
Authorization of appropriations.
80q–11.
Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution.
(a)
In general.
(b)
Definitions.
80q–12.
Grants by Secretary of the Interior to assist Indian tribes with respect to agreements for return of Indian human remains and Indian funerary objects.
(a)
In general.
(b)
Authorization of appropriations.
80q–13.
Grants by Secretary of the Interior to assist Indian organizations with respect to renovation and repair of museum facilities and exhibit facilities.
(a)
Grants.
(b)
Indian organization contribution.
(c)
Tribal Museum Endowment Fund.
(d)
Annual report.
80q–14.
Definitions.
80q–15.
Authorization of appropriations.
(a)
Funding.
(b)
Period of availability.

        

SUBCHAPTER I—CHARTER PROVISIONS

§41. Incorporation of institution

The President, the Vice President, the Chief Justice, and the heads of executive departments are constituted an establishment by the name of the Smithsonian Institution for the increase and diffusion of knowledge among men, and by that name shall be known and have perpetual succession with the powers, limitations, and restrictions hereinafter contained, and no other.

(R.S. §5579; Feb. 27, 1877, ch. 69, 19 Stat. 253; Mar. 12, 1894, ch. 36, 28 Stat. 41.)

Codification

R.S. §5579 derived from acts Aug. 10, 1846, ch. 178, §1, 9 Stat. 102; Mar. 20, 1871, ch. 1, 17 Stat. 1.

R.S. §§5579 to 5594 (codified as sections 41 to 46, 48, 50, 51 to 53, 54 to 57, and 67 of this title) constituted Title 73 of the Revised Statutes, entitled “The Smithsonian Institution.” A preamble to these sections was as follows: “James Smithson, esquire, of London, in the kingdom of Great Britain, having by his last will and testament given the whole of his property to the United States of America, to found, at Washington, under the name of the ‘Smithsonian Institution,’ an establishment for the increase and diffusion of knowledge among men; and the United States having, by an act of Congress, received said property and accepted said trust; therefore, for the faithful execution of said trust, according to the will of the liberal and enlightened donor.”

R.S. §5579, as originally enacted, constituted the President, the Vice-President, the Secretaries of State, the Treasury, War, and the Navy, the Postmaster-General, the Attorney-General, the Chief Justice, the Commissioner of the Patent Office, and the Governor of the District of Columbia, and such persons as they might elect honorary members, an establishment by the name of the “Smithsonian Institution,” for the purposes and with the powers specified in the section as set forth here.

Amendments

1894—Act Mar. 12, 1894, substituted “the Chief Justice, and heads of executive departments” for “the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attorney General, the Chief Justice, the Commissioner of Patents, the governor of the District of Columbia, and other such persons as they may elect honorary members”.

1877—Act Feb. 27, 1877, substituted “Patents” for “Patent Office”.

Short Title of 1966 Amendment

Pub. L. 89–674, §1, Oct. 15, 1966, 80 Stat. 953, provided: “That this Act [enacting section 65a of this title and repealing section 65 of this title] may be cited as the ‘National Museum Act of 1966’.”

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§42. Board of Regents; members

The business of the Institution shall be conducted at the city of Washington by a Board of Regents, named the Regents of the Smithsonian Institution, to be composed of the Vice President, the Chief Justice of the United States, three Members of the Senate, three Members of the House of Representatives, and nine other persons, other than Members of Congress, two of whom shall be resident in the city of Washington, and seven of whom shall be inhabitants of some State, but no two of them of the same State.

(R.S. §5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Dec. 15, 1970, Pub. L. 91–551, §1(a), 84 Stat. 1439.)

Codification

R.S. §5580 derived from acts Aug. 10, 1846, ch. 178, §3, 9 Stat. 103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871, ch. 1, 17 Stat. 1.

Amendments

1970—Pub. L. 91–551 authorized three additional persons on the Board of Regents.

1894—Act Mar. 12, 1894, struck out “the governor of the District of Columbia” after “the Chief Justice of the United States,”.

Cross References

National Zoological Park, administration by Regents of Smithsonian Institution, see section 81 of this title.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§43. Appointment of regents; terms of office; vacancies

The regents to be selected shall be appointed as follows: The Members of the Senate by the President thereof; the Members of the House by the Speaker thereof; and the nine other persons by joint resolution of the Congress. The Members of the House so appointed shall serve for the term of two years; and on every alternate fourth Wednesday of December a like number shall be appointed in the same manner to serve until the fourth Wednesday in December, in the second year succeeding their appointment. The Senators so appointed shall serve during the term for which they shall hold, without re-election, their office as Senators. Vacancies, occasioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. The regular term of service for the other nine members shall be six years; and new elections thereof shall be made by joint resolutions of Congress. Vacancies occasioned by death, resignation, or otherwise may be filled in like manner by joint resolution of Congress.

(R.S. §5581; Dec. 15, 1970, Pub. L. 91–551, §1(b), (c), 84 Stat. 1440.)

Codification

R.S. §5581 derived from act Aug. 10, 1846, ch. 178, §3, 9 Stat. 103.

Amendments

1970—Pub. L. 91–551 authorized appointment of three additional members of the board by joint resolution of Congress.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§44. Organization of board; expenses; gratuitous services

The Board of Regents shall meet in the city of Washington and elect one of their number as chancellor, who shall be the presiding officer of the Board of Regents, and called the chancellor of the Smithsonian Institution, and a suitable person as Secretary of the institution, who shall also be the secretary of the Board of Regents. The board shall also elect three of their own body as an executive committee, and shall fix the time for the regular meetings of the board; and, on application of any three of the regents to the Secretary of the institution, it shall be his duty to appoint a special meeting of the Board of Regents, of which he shall give notice, by letter, to each of the members; and, at any meeting of the board, eight shall constitute a quorum to do business. Each member of the board shall be paid his necessary traveling and other actual expenses, in attending meetings of the board, which shall be audited by the executive committee, and recorded by the Secretary of the board; but his service as regent shall be gratuitous.

(R.S. §5582; Dec. 15, 1970, Pub. L. 91–551, §1(d), 84 Stat. 1440.)

Codification

R.S. §5582 derived from act Aug. 10, 1846, ch. 178, §3, 9 Stat. 103.

Amendments

1970—Pub. L. 91–551 increased number of members required to constitute a quorum from five to eight.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§45. Special meetings of members

The members of the institution may hold stated and special meetings, for the supervision of the affairs of the institution and the advice and instruction of the Board of Regents, to be called in the manner provided for in the by-laws of the institution, at which the President, and in his absence the Vice President, shall preside.

(R.S. §5585.)

Codification

R.S. §5585 derived from act Aug. 10, 1846, ch. 178, §8, 9 Stat. 103.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§46. Duties of Secretary

The Secretary of the Board of Regents shall take charge of the building and property of the institution, and shall, under their direction, make a fair and accurate record of all their proceedings, to be preserved in the institution until no longer needed in conducting current business; and shall also discharge the duties of librarian and of keeper of the museum, and may, with the consent of the Board of Regents, employ assistants.

(R.S. §5583; Oct. 25, 1951, ch. 562, §2(4), 65 Stat. 639.)

Codification

R.S. §5583 derived from act Aug. 10, 1846, ch. 178, §7, 9 Stat. 105.

Amendments

1951—Act Oct. 25, 1951, inserted “until no longer needed in conducting current business”.

Cross References

Management and disposition of records, see sections 2101 et seq., 2301 et seq., 2501 et seq., 2901 et seq., 3101 et seq., and 3301 et seq. of Title 44, Public Printing and Documents.

Statement of expenditures, see section 49 of this title.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§46a. Employment of aliens by Secretary

The Secretary of the Smithsonian Institution, subject to adequate security and other investigations as he may determine to be appropriate, and subject further to a prior determination by him that no qualified United States citizen is available for the particular position involved, is authorized to employ and compensate aliens in a scientific or technical capacity at authorized rates of compensation without regard to statutory provisions prohibiting payment of compensation to aliens.

(Pub. L. 88–549, Aug. 31, 1964, 78 Stat. 754.)

§47. Acting Secretary

The chancellor of the Smithsonian Institution may, by an instrument in writing filed in the office of the Secretary thereof, designate and appoint a suitable person to act as Secretary of the Institution when there shall be a vacancy in said office, and whenever the Secretary shall be unable from illness, absence, or other cause to perform the duties of his office; and in such case the person so appointed may perform all the duties imposed on the Secretary by law until the vacancy shall be filled or such inability shall cease. The said chancellor may change such designation and appointment from time to time as the interests of the Institution may in his judgment require.

(May 13, 1884, ch. 44, 23 Stat. 21.)

Prior Provisions

Similar prior provisions were contained in act Jan. 24, 1879, ch. 21, 20 Stat. 264.

§48. Salary and removal of Secretary and assistants

The Secretary and his assistants shall, respectively, receive for their services such sum as may be allowed by the Board of Regents; and shall be removable by the Board of Regents whenever, in their judgment, the interests of the institution require such removal.

(R.S. §5584.)

Codification

R.S. §5584 derived from act Aug. 10, 1846, ch. 178, §7, 9 Stat. 105.

Provisions which related to semi-annual payments on the first day of January and July have been omitted.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§49. Statement of expenditures

The Secretary shall submit to Congress annually at the beginning of each regular session thereof a detailed statement of the expenditures of the preceding fiscal year, under appropriations for “International Exchanges,” “North American Ethnology,” and the “National Museum.”

(Oct. 2, 1888, ch. 1069, 25 Stat. 529.)

Cross References

Annual report of salaries, see section 58 of this title.

Printing and distribution of reports of Smithsonian Institution, see section 1341 of Title 44, Public Printing and Documents.

§50. Reception and arrangement of specimens and objects of art

Whenever suitable arrangements can be made from time to time for their reception, all objects of art and of foreign and curious research, and all objects of natural history, plants, and geological and mineralogical specimens belonging to the United States, which may be in the city of Washington, in whosesoever custody they may be, shall be delivered to such persons as may be authorized by the Board of Regents to receive them, and shall be so arranged and classified in the building erected for the institution as best to facilitate the examination and study of them; and whenever new specimens in natural history, geology, or mineralogy are obtained for the museum of the institution, by exchanges of duplicate specimens, which the Regents may in their discretion make, or by donation, which they may receive, or otherwise, the Regents shall cause such new specimens to be appropriately classed and arranged. The minerals, books, manuscripts, and other property of James Smithson, which have been received by the Government of the United States, shall be preserved separate and apart from other property of the institution.

(R.S. §5586.)

Codification

R.S. §5586 derived from act Aug. 10, 1846, ch. 178, §6, 9 Stat. 105.

West Court of National Museum of Natural History Building

Pub. L. 103–151, Nov. 24, 1993, 107 Stat. 1515, provided that:

“SECTION 1. PLANNING, DESIGN, AND CONSTRUCTION OF WEST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING.

“The Board of Regents of the Smithsonian Institution is authorized to plan, design, and construct the West Court of the National Museum of Natural History building.

“SEC. 2. FUNDING.

“No appropriated funds may be used to pay any expense of the planning, design, and construction authorized by section 1.”

East Court of National Museum of Natural History Building

Pub. L. 101–455, Oct. 24, 1990, 104 Stat. 1067, as amended by Pub. L. 103–98, §1(a), Oct. 6, 1993, 107 Stat. 1015, provided that:

“SECTION 1. ADDITIONAL SPACE IN NATIONAL MUSEUM OF NATURAL HISTORY.

“The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip approximately 80,000 square feet of space in the East Court of the National Museum of Natural History building.

“SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

“There is authorized to be appropriated to the Smithsonian Institution for fiscal year 1991 and succeeding fiscal years not to exceed $30,000,000 to carry out this Act.”

[Section 1(b) of Pub. L. 103–98 provided that: “The amendment made by subsection (a) [amending section 2 of Pub. L. 101–455, set out above] shall take effect as of October 24, 1990.”]

Charles McC. Mathias, Jr. Laboratory for Environmental Research

Pub. L. 99–617, §1, Nov. 6, 1986, 100 Stat. 3488, provided that:

“(a) Construction Authorization.—The Board of Regents of the Smithsonian Institution is authorized to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research.

“(b) Location.—The Charles McC. Mathias, Jr. Laboratory for Environmental Research shall be located at the Smithsonian Environmental Research Center, a bureau of the Smithsonian Institution, located at Edgewater, Maryland.

“(c) Authorization of Appropriations.—Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $1,000,000 to carry out the purposes of this section.

“(d) Transfer of Funds.—Any portion of the sums appropriated to carry out the purposes of this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

Smithsonian Astrophysical Observatory and Smithsonian Tropical Research Institute; Authorization of Construction and Appropriations

Pub. L. 99–423, Sept. 30, 1986, 100 Stat. 963, provided: “That the Board of Regents of the Smithsonian Institution is authorized to plan and construct facilities for the Smithsonian Astrophysical Observatory and the Smithsonian Tropical Research Institute.

Sec. 2. Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution:

“(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and

“(b) $11,100,000 for the Smithsonian Tropical Research Institute.

Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

Fred Lawrence Whipple Observatory; Purchase of Land

Pub. L. 98–73, Aug. 11, 1983, 97 Stat. 406, provided: “That the Smithsonian Institution is authorized to purchase land in Santa Cruz County, Arizona, for the permanent headquarters of the Fred Lawrence Whipple Observatory.

“Sec. 2. Effective October 1, 1984, there is authorized to be appropriated $150,000 to carry out the purposes of this Act.”

Construction of National Museum of African Art, Center for Eastern Art, and Structures for Related Educational Facilities

Pub. L. 97–203, June 24, 1982, 96 Stat. 129, provided: “That the Board of Regents of the Smithsonian Institution is authorized to construct a building for the National Museum of African Art and a center for Eastern art together with structures for related educational activities in the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street Southwest, in the city of Washington.

“Sec. 2. Effective October 1, 1982, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $36,500,000 to carry out the purposes of this Act [this note]. Except for funds obligated or expended for planning, administration, and management expenses, and architectural or other consulting services, no funds appropriated pursuant to this section shall be obligated or expended until such time as there is available to such Board, from private donations or from other non-Federal sources, a sum which, when combined with the funds so appropriated, is sufficient to carry out the purposes of this Act.

“Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act [this note] may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

Smithsonian Institution; Development of Property Adjacent to Original Building

Pub. L. 96–36, July 20, 1979, 93 Stat. 94, provided: “That the Board of Regents of the Smithsonian Institution is authorized to plan for the development of the area south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street, Southwest, in the city of Washington.

“Sec. 2. Effective October 1, 1979, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $500,000 to carry out the purposes of this Act.

“Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

Smithsonian Institution Plans for and Construction of Museum Support Facilities; Approval of Plans and Specifications; Situs; Transfer of Land; Appropriations; Contracts by General Services Administration

Pub. L. 94–98, Sept. 19, 1975, 89 Stat. 480, as amended by Pub. L. 95–569, Nov. 2, 1978, 92 Stat. 2444, provided: “The Regents of the Smithsonian Institution are authorized to prepare plans for, and to construct, museum support facilities to be used for (1) the care, curation, conservation, deposit, preparation, and study of the national collections of scientific, historic, and artistic objects, specimens, and artifacts; (2) the related documentation of such collections of the Smithsonian Institution; and (3) the training of museum conservators. No appropriation shall be made to construct the facilities authorized by this Act until the Committee on Public Works and Transportation of the House of Representatives and the Committee on Rules and Administration of the Senate, by resolution approve the final plans and specifications of such facilities.

Sec. 2. The museum support facilities referred to in section 1 shall be located on federally owned land within the metropolitan area of Washington, District of Columbia. Any Federal agency is authorized to transfer land under its jurisdiction to the Smithsonian Institution for such purposes without reimbursement.

Sec. 3. There is authorized to be appropriated to the Smithsonian Institution $21,500,000 to carry out the purposes of this Act. Any portion of the sums appropriated for such purposes may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes.”

[Amendment of section 3 of this Act effective Oct. 1, 1979.]

National Museum

The National Museum was not created by any express statutory provision for that purpose. It was first mentioned in an appropriation for postage for “the National Museum in the Smithsonian Institution,” contained in act June 20, 1874, ch. 328, §1, 18 Stat. 103. An appropriation for a building for the use of the National Museum was made by act Mar. 3, 1879, ch. 182, §1, 20 Stat. 397, and annual appropriations have continuously been made for expenses of heating, etc., such building.

National Museum Exhibit

Res. Feb. 28, 1922, ch. 86, 42 Stat. 399, authorized Secretary of State to transfer to custody of Secretary of Institution for safekeeping and exhibition in National Museum the sword of George Washington and the staff of Benjamin Franklin, presented by Samuel T. Washington, and the sword of Andrew Jackson, presented by family of General Robert Armstrong.

Transportation of Property

Quartermaster-General and his officers were required to receive and transport property for National Museum by a provision of act July 5, 1884, ch. 217, 23 Stat. 107.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§50a. Gellatly art collection; estimates of sums needed for preservation and maintenance

The Smithsonian Institution is authorized to include in its estimates of appropriations such sums as may be needful for the preservation and maintenance of the John Gellatly art collection.

(June 5, 1929, ch. 9, 46 Stat. 5.)

§51. Library

The Regents shall make, from the interest of the fund, an appropriation, not exceeding an average of $25,000 annually, for the gradual formation of a library composed of valuable works pertaining to all departments of human knowledge.

(R.S. §5587.)

Codification

R.S. §5587 derived from act Aug. 10, 1846, ch. 178, §8, 9 Stat. 105.

Public Use of Research and Study Facilities of Certain Institutions

Under provisions of R.S. §94 and act Mar. 3, 1875, ch. 179, 18 Stat. 512, the Joint Committee on the Library of Congress was authorized to extend the use of the Library to the Regents of the Smithsonian Institution. These provisions were not classified to the Code, being rendered superfluous by a general declaration of public policy by Congress, by a joint resolution adopted Apr. 12, 1892, 27 Stat. 395, to the effect that facilities for study and research in the Library of Congress, the National Museum, and similar institutions shall be afforded investigators, students, etc., in the several states and territories as well as in the District of Columbia.

Cross References

Appropriation of interest moneys, see section 54 of this title.

Regulations governing Smithsonian Institution; see sections 151 and 152 of Title 2, The Congress.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§52. Evidence of title to site and buildings

The site and lands selected for buildings for the Smithsonian Institution shall be deemed appropriated to the institution, and the record of the description of such site and lands, or a copy thereof, certified by the chancellor and Secretary of the Board of Regents, shall be received as evidence in all courts of the extent and boundaries of the lands appropriated to the institution.

(R.S. §5588.)

Codification

R.S. §5588 derived from act Aug. 10, 1846, ch. 178, §4, 9 Stat. 104.

Federal Rules of Civil Procedure

Effect of rule 44 on this section, see note of Advisory Committee set out under rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.

Proof of official record, see rule 44.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§53. Protection of property

All laws for the protection of public property in the city of Washington shall apply to, and be in force for, the protection of the lands, buildings, and other property of the Smithsonian Institution. All moneys recovered by or accruing to, the institution shall be paid into the Treasury of the United States, to the credit of the Smithsonian bequest, and separately accounted for.

(R.S. §5589.)

Codification

R.S. §5589 derived from act Aug. 10, 1846, ch. 178, §5, 9 Stat. 104.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§53a. Authorization of appropriations

Appropriations are authorized for the maintenance of the Astrophysical Observatory and the making of solar observations at high altitudes; for repairs and alterations of buildings and grounds occupied by the Smithsonian Institution in the District of Columbia and elsewhere; and for preparation of manuscripts, drawings, and illustrations for publications.

(Aug. 22, 1949, ch. 494, §2, 63 Stat. 623.)

§54. Appropriation of interest

So much of the property of James Smithson as has been received in money, and paid into the Treasury of the United States, being the sum of $541,379.63, shall be lent to the United States Treasury and invested in public debt securities with maturities requested by the Smithsonian Institution bearing interest at rates determined by the Secretary of the Treasury, based upon current market yields on outstanding marketable obligations of the United States of comparable maturities, and this interest is hereby appropriated for the perpetual maintenance and support of the Smithsonian Institution; and all expenditures and appropriations to be made, from time to time, to the purposes of the Institution shall be exclusively from the accruing interest, and not from the principal of the fund. All the moneys and stocks which have been, or may hereafter be, received into the Treasury of the United States, on account of the fund bequeathed by James Smithson, are hereby pledged to refund to the Treasury of the United States the sums hereby appropriated.

(R.S. §5590; Pub. L. 97–199, §1, June 22, 1982, 96 Stat. 121.)

Codification

R.S. §5590 derived from acts Aug. 10, 1846, ch. 178, §2, 9 Stat. 102; Feb. 5, 1867, ch. 34, §2, 14 Stat. 391.

Amendments

1982—Pub. L. 97–199 substituted “and invested in public debt securities with maturities requested by the Smithsonian Institution bearing interest at rates determined by the Secretary of the Treasury, based upon current market yields on outstanding marketable obligations of the United States of comparable maturities, and this interest is hereby” for “, at 6 per centum per annum interest; and 6 per centum interest on the trust-fund and residuary legacy received into the United States Treasury, payable in half-yearly payments, on the first of January and July in each year, is”, substituted “purposes of the Institution” for “purposes of the institution”, and substituted “are hereby pledged” for “are pledged”.

Effective Date of 1982 Amendment

Section 2 of Pub. L. 97–199 provided that: “The amendment made by the first section [amending this section] shall apply with respect to fiscal years beginning after September 30, 1982.”

Cross References

Expenses of Smithsonian Institution Trust Fund, see section 1321 of Title 31, Money and Finance.

Permanent indefinite appropriation for Smithsonian Institution, see section 1305 of Title 31.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title; title 31 section 1305.

§55. Acceptance of other sums

The Secretary of the Treasury is authorized and directed to receive into the Treasury, on the same terms as the original bequest of James Smithson, such sums as the Regents may, from time to time, see fit to deposit, not exceeding, with the original bequest, the sum of $1,000,000. This shall not operate as a limitation on the power of the Smithsonian Institution to receive money or other property by gift, bequest, or devise, and to hold and dispose of the same in promotion of the purposes thereof.

(R.S. §5591; Mar. 12, 1894, ch. 36, 28 Stat. 41.)

Codification

R.S. §5591 derived from act Feb. 5, 1867, ch. 34, §1, 14 Stat. 391.

Amendments

1894—Act Mar. 12, 1894, made limitation on deposits into the Treasury inapplicable to receipt of gifts, bequests and devises and dispositions of money or other property.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§56. Disposal of unappropriated money

The Regents are authorized to make such disposal of any other moneys which have accrued, or shall hereafter accrue, as interest upon the Smithsonian fund, not herein appropriated, or not required for the purposes herein provided, as they shall deem best suited for the promotion of the purpose of the testator.

(R.S. §5592.)

Codification

R.S. §5592 derived from act Aug. 10, 1846, ch. 178, §9, 9 Stat. 105.

Section Referred to in Other Sections

This section is referred to in sections 57, 67 of this title.

§57. Disbursements

Whenever money is required for the payment of the debts or performance of the contracts of the institution, incurred or entered into in conformity with the provisions of sections 41 to 46, 48, 50, 51 to 53, 54 to 57, and 67 of this title, or for making the purchases and executing the objects authorized by said sections, the Board of Regents, or the executive committee thereof, may certify to the chancellor and secretary of the board that such sum of money is required, whereupon they shall examine the same, and, if they shall approve thereof, shall certify the same to the proper officer of the Treasury for payment. The board shall submit to Congress, at each session thereof, a report of the operations, expenditures, and condition of the institution.

(R.S. §5593.)

Codification

R.S. §5593 derived from act Aug. 10, 1846, ch. 178, §3, 9 Stat. 103.

Section Referred to in Other Sections

This section is referred to in section 67 of this title.

§58. Annual report of salaries

A report in detail, for the preceding fiscal year, shall be made to Congress annually of the salaries of all officers and employees paid from appropriations under the Smithsonian Institution.

(Mar. 3, 1899, ch. 424, §1, 30 Stat. 1085.)

Cross References

Secretary of the Smithsonian Institution, annual statement of expenditures by, see section 49 of this title.

§59. Collections of National Ocean Survey, United States Geological Survey, and others deposited in National Museum

All collections of rocks, minerals, soils, fossils, and objects of natural history, archaeology, and ethnology, made by the National Ocean Survey, the United States Geological Survey, or by any other parties for the Government of the United States, when no longer needed for investigations in progress shall be deposited in the National Museum.

(Mar. 3, 1879, ch. 182, §1, 20 Stat. 394; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1000.)

Codification

Words “Coast and Interior Survey” appearing in act Mar. 3, 1879, were in prior editions of the Code changed to “Coast and Geodetic Survey.” Congress never created a Coast and Interior Survey. In a communication dated Nov. 6, 1940, the Director of the Geological Survey explained that the words “Coast and Interior Survey” were inadvertently incorporated upon authority of report contained in Senate Misc. Doc. No. 9, 45th Congress, 3d Session, which recommended the “Coast and Geodetic Survey” be changed to “United States Coast and Interior Survey” and an organization be created in the Interior Department to be known as the “United States Geological Survey.” Congress adopted only the latter suggestion.

Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.

Change of Name

“United States Geological Survey” substituted in text for “Geological Survey” pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands.

National Museum

Establishment of the National Museum, see note set out under section 50 of this title.

National Museum of American History

Pub. L. 96–441, §2, Oct. 13, 1980, 94 Stat. 1884, provided that: “The bureau of the Smithsonian Institution known as the Museum of History and Technology and so referred to in the Act entitled ‘An Act to authorize the construction of a building for a Museum of History and Technology for the Smithsonian Institution, including the preparation of plans and specifications, and all other work incidental thereto’, approved June 28, 1955 (20 U.S.C. 59 note), shall be known as the ‘National Museum of American History’.”

For provision deeming references to the Museum of History and Technology in laws and regulations to be references to the National Museum of American History, see section of 3 of Pub. L. 96–441, set out as a note under section 71 of this title.

Museum of History and Technology for the Smithsonian Institution

Act June 28, 1955, ch. 201, 69 Stat. 189, authorized construction of a building for a Museum of History and Technology, which was redesignated the National Museum of American History, for the use of the Smithsonian Institution, at a cost not to exceed $36,000,000.

§60. Army articles furnished to National Museum

The Secretary of the Army is authorized to furnish to the National Museum, for exhibition, upon request therefor by the administrative head thereof, such articles of arms, materiel, equipment, or clothing as have been issued from time to time to the United States Army, or which have been or may hereafter be produced for the United States Army, and which are objects of general interest or of foreign or curious research, provided that such articles can be spared.

(Mar. 4, 1921, ch. 166, §1, 41 Stat. 1438; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Oct. 31, 1951, ch. 654, §3(4), 65 Stat. 708.)

Amendments

1951—Act Oct. 31, 1951, struck out “are surplus or” after “articles”.

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Secretary of Air Force

For transfer of certain personal property and personal property functions, insofar as they pertain to the Air Force, from Secretary of the Army to Secretary of the Air Force, see Secretary of Defense Transfer Order No. 39 [§2vv], eff. May 18, 1949.

§§61 to 64. Repealed. Oct. 31, 1951, ch. 654, §1(37)–(40), 65 Stat. 702

Section 61, act Mar. 3, 1879, ch. 182, §1, 20 Stat. 397, required archives, records and materials relating to Indians of North America to be turned over from Geographical and Geological Survey to Smithsonian Institution for purposes of completion of collection of information and its publication.

Section 62, act Aug. 1, 1914, ch. 223, §1, 38 Stat. 661, authorized Secretary of Commerce to transfer instruments of historical value of the Coast and Geodetic Survey [the National Ocean Survey] to Smithsonian Institution. See section 483 of Title 40, Public Buildings, Property, and Works.

Section 63, act June 5, 1920, ch. 235, §1, 41 Stat. 930, related to transfer, by Secretary of Commerce, of Coast and Geodetic Survey [the National Ocean Survey] instruments of historical value, to educational institutions and museums. See sections 483 and 484 of Title 40.

Section 64, act Mar. 3, 1883, ch. 143, 22 Stat. 629, related to distribution of specimens of National Museum and Bureau of Fisheries to schools and colleges. See sections 483 and 484 of Title 40.

§65. Repealed. Pub. L. 89–674, §3, Oct. 15, 1966, 80 Stat. 953

Section, act July 7, 1884, ch. 332, 23 Stat. 214, required Director of National Museum to report annually to Congress on progress of the Museum during the year and its present condition. See section 65a of this title.

§65a. Director of the National Museum

(a) Duties; programs and studies; annual report to Congress

The Director of the National Museum under the direction of the Secretary of the Smithsonian Institution shall—

(1) cooperate with museums and their professional organizations in a continuing study of museum problems and opportunities, both in the United States and abroad;

(2) prepare and carry out programs by grant, contract, or directly for training career employees in museum practices in cooperation with museums, their professional organizations, and institutions of higher education either at the Smithsonian Institution or at the cooperating museum, organization, or institutions;

(3) prepare and distribute significant museum publications;

(4) perform research on, and otherwise contribute to, the development of museum techniques, with emphasis on museum conservation and the development of a national institute for museum conservation;

(5) cooperate with departments and agencies of the Government of the United States operating, assisting, or otherwise concerned with museums; and

(6) report annually to the Congress on progress in these activities.

(b) Authorization of appropriations

There are hereby authorized to be appropriated to the Smithsonian Institution for the fiscal year 1981, the sum of $803,000, and for the fiscal year 1982, the sum of $1,000,000.

(Pub. L. 89–674, §2, Oct. 15, 1966, 80 Stat. 953; Pub. L. 91–629, §§1, 2 Dec. 31, 1970, 84 Stat. 1875; Pub. L. 93–345, §§1, 2, July 12, 1974, 88 Stat. 339; Pub. L. 94–336, July 1, 1976, 90 Stat. 795; Pub. L. 96–268, June 13, 1980, 94 Stat. 485.)

Amendments

1980—Subsec. (b). Pub. L. 96–268 substituted provisions authorizing appropriations of $803,000 for fiscal year 1981 and $1,000,000 for fiscal year 1982 for provisions which had authorized appropriations of $1,000,000 each year for fiscal years 1978, 1979, and 1980.

1976—Subsec. (b). Pub. L. 94–336 substituted provisions authorizing the appropriation of $1,000,000 each year for fiscal years 1978, 1979, and 1980, for provisions under which there had been authorized to be appropriated whatever sums as might be necessary to carry out the purposes of the section, with a proviso that no more than $1,000,000 could be appropriated annually through fiscal year 1977, of which no less than $200,000, was to be allocated and used to carry out subsec. (a)(4) of this section.

1974—Subsec. (a)(4). Pub. L. 93–345, §1, inserted “, with emphasis on museum conservation and the development of a national institute for museum conservation” after “museum techniques”.

Subsec. (b). Pub. L. 93–345, §2, substituted provisions limiting to $1,000,000 the amount which may be appropriated annually through fiscal year 1977, with no less than $200,000 annually to be allocated and used to carry out the purposes of subsection (a)(4) of this section for provisions limiting to $1,000,000 the amount which could be appropriated annually through fiscal year 1974, of which $300,000 annually had to be allocated and used according to the formula of 331/3 per centum for purposes of subsec. (a)(2), 331/3 per centum for assistance to museums under section 954(c) of this title, and 331/3 per centum for assistance to museums under section 956(c) of this title.

1970—Subsec. (a)(2). Pub. L. 91–629, §2, inserted provisions that programs be prepared and carried out by grant, contract, or directly and which authorized the training of career employees in museum practices in cooperation with institutions of higher education, and substituted provisions which authorized training programs to be conducted either at the Smithsonian Institution, or at the cooperating museum, organization, or institutions, for provisions which authorized such programs to be conducted at the best locations.

Subsec. (b). Pub. L. 91–629, §1, substituted provisions which authorized to be appropriated such sums as necessary to carry out the purposes of this section, with no more than $1,000,000 to be appropriated annually through fiscal year 1974, of which $300,000, annually, to be allocated in the enumerated manner, for provisions which authorized to be appropriated to carry out this section, not to exceed $200,000 for the fiscal year ending June 30, 1968, $250,000 for the fiscal years ending June 30, 1969, and June 30, 1970, and $300,000 for the fiscal year ending June 30, 1971, and in each subsequent fiscal year, only such sums as the Congress hereafter authorizes by law.

§66. Repealed. June 30, 1949, ch. 288, title VI, §602(a)(19), 63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583

Section, act Mar. 3, 1915, ch. 75, §1, 38 Stat. 839, related to exchange of typewriters and adding machines. See section 481 of Title 40, Public Buildings, Property, and Works.

§67. Right of repeal

Congress may alter, amend, add to, or repeal any of the provisions of sections 41 to 46, 48, 50, 51 to 53, and 54 to 57, of this title; but no contract or individual right made or acquired under such provisions shall be thereby divested or impaired.

(R.S. §5594.)

Codification

R.S. §5594 derived from act Aug. 10, 1846, ch. 178, §11, 9 Stat. 106.

Section Referred to in Other Sections

This section is referred to in section 57 of this title.

§68. Repealed. Oct. 10, 1940, ch. 851, §4, 54 Stat. 1111

Section, act Feb. 11, 1927, ch. 104, §1, 44 Stat. 1081, related to advertisements for proposals for purchases and services. See section 5 of Title 41, Public Contracts.

§69. Anthropological researches; cooperation of Institution with States, educational institutions, or scientific organizations

The Secretary of the Smithsonian Institution is hereby authorized to cooperate with any State, educational institution, or scientific organization in the United States to continue independently or in cooperation anthropological researches among the American Indians and the natives of lands under the jurisdiction or protection of the United States and the excavation and preservation of archaeological remains.

(Apr. 10, 1928, ch. 335, §1, 45 Stat. 413; Aug. 22, 1949, ch. 494, §1, 63 Stat. 623.)

Amendments

1949—Act Aug. 22, 1949, substituted “to continue independently or in cooperation anthropological” for “for continuing ethnological” and inserted “and the natives of lands under the jurisdiction or protection of the United States”.

Section Referred to in Other Sections

This section is referred to in section 70 of this title.

§70. Authorization of appropriations; cooperative work

There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $20,000, which shall be available until expended for the purposes stated in section 69 of this title: Provided, That at such time as the Smithsonian Institution is satisfied that any State, educational institution, or scientific organization in any of the United States is prepared to contribute to such investigation and when, in its judgment such investigation shall appear meritorious, the Secretary of the Smithsonian Institution may direct that an amount from this sum equal to that contributed by such State, educational institution, or scientific organization, not to exceed $2,000, to be expended from such sum in any one State during any calendar year, be made available for cooperative investigation: Provided further, That all such cooperative work and division of the result thereof shall be under the direction of the Secretary of the Smithsonian Institution: Provided further, That where lands are involved which are under the jurisdiction of the Bureau of Indian Affairs or the National Park Service, cooperative work thereon shall be under such regulations and conditions as the Secretary of the Interior may provide.

(Apr. 10, 1928, ch. 335, §2, 45 Stat. 413.)

SUBCHAPTER II—NATIONAL GALLERY OF ART

§71. Designation of site

The area bounded by Seventh Street, Constitution Avenue, Fourth Street, and North Mall Drive, Northwest, in the District of Columbia, is appropriated to the Smithsonian Institution as a site for a National Gallery of Art. The Smithsonian Institution is authorized to permit the A. W. Mellon Educational and Charitable Trust (hereinafter referred to as the donor) to construct on said site for the Smithsonian Institution a building to be designated the National Gallery of Art, and to remove any existing structure and landscape the grounds within said area. The adjoining area bounded by Fourth Street, Pennsylvania Avenue, Third Street, and North Mall Drive, Northwest, in the District of Columbia, is reserved as a site for future additions to the National Gallery of Art. The project shall be in accordance with plans and specifications approved by the Commission of Fine Arts.

(Mar. 24, 1937, ch. 50, §1, 50 Stat. 51.)

General Post Office Building; Transfer to Smithsonian Institution for Use as Art Galleries; Relocation of United States International Trade Commission

Pub. L. 98–523, Oct. 19, 1984, 98 Stat. 2433, provided: “That at such time as it is declared to be excess property pursuant to section 2(d) of this Act, the Administrator of General Services (hereinafter in this Act referred to as the ‘Administrator’) is authorized to transfer to the Smithsonian Institution, in accordance with section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483), without reimbursement, and for use by the Smithsonian Institution for certain art galleries and related functions, the General Post Office Building with any attached underground structures and the site of such building, located between Seventh and Eighth Streets Northwest and E and F Streets Northwest, in the District of Columbia.

“Sec. 2. (a) The Administrator, at the earliest practicable date, shall relocate all operations of the United States International Trade Commission (hereinafter in this Act referred to as the ‘Commission’) to a building in downtown Washington, District of Columbia. The Administrator's determination as to such relocation shall be based on studies and investigations in which the Chairman of the Commission shall have full opportunity to consult and cooperate with the Administrator. Such consultation shall include opportunity for the Chairman to participate jointly with the Administrator in surveys of available buildings and to submit views and recommendations to the Administrator with respect to space suitable for the Commission's operations. The Administrator shall advise the Chairman in writing of the building to which the operations of the Commission are to be relocated. The Administrator's determination of such relocation shall not take effect for a period of at least sixty days after the date such determination is made and the Chairman is advised of the building to which the operations of the Commission are to be relocated. In the event the Chairman disagrees with the Administrator's determination of such relocation, the Chairman, within thirty days after the Chairman is advised of the building to which the operations of the Commission are to be relocated, may make a written request for review of such determination to the Administrator, and the Administrator shall conduct a formal review of such determination.

“(b) The Administrator and the Chairman shall each report separately in writing to the Committees on Environment and Public Works, Finance, Rules and Administration, and Governmental Affairs of the Senate and to the Committees on Public Works and Transportation, Ways and Means, House Administration, and Government Operations of the House of Representatives not later than sixty days after the date of enactment of this Act [Oct. 19, 1984] and every thirty days thereafter on the status of the relocation required by this section.

“(c) During the period in which the Commission and the United States Postal Service continue to occupy the General Post Office Building referred to in the first section of this Act, the Administrator shall maintain such building in order to prevent its deterioration and to assure that conditions therein are safe and the building is presentable and suitable to the normal operations of the Commission and such Service.

“(d) Upon accomplishment of the relocation required by subsection (a) of this section, the Administrator shall declare the property referred to in the first section of this Act to be excess property as defined in section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472).

“Sec. 3. There is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $40,000,000 for fiscal years beginning after September 30, 1984, for renovation and repair, after the transfer made under the first section of this Act, of the General Post Office Building referred to in such section. Any portion of the sums appropriated under this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such renovation and repair. No contract for such renovation or repair shall be advertised or entered into before the end of the period of thirty days of continuous session of Congress beginning on the date the Smithsonian Institution submits to the Committees on Public Works and Transportation and House Administration of the House of Representatives and the Committees on Environment and Public Works and Rules and Administration of the Senate the plans and advanced engineering and design for such renovation and repair. For purposes of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.”

National Museum of American Art

Pub. L. 96–441, §§1, 3, 4, Oct. 13, 1980, 94 Stat. 1884, provided: “That the bureau of the Smithsonian Institution designated as the National Collection of Fine Arts by section 6(c) of the joint resolution entitled ‘Joint Resolution providing for the construction and maintenance of a National Gallery of Art’, approved March 24, 1937 (20 U.S.C. 71 note), shall be known as the ‘National Museum of American Art’.

“Sec. 3. Any reference in any law, regulation, document, or paper to the National Collection of Fine Arts or the Museum of History and Technology shall on and after the effective date of this Act [Oct. 13, 1980] be considered to be a reference to the National Museum of American Art and the National Museum of American History, respectively.

“Sec. 4. This Act shall take effect on the day after the date of the enactment of this Act [Oct. 13, 1980].”

National Collection of Fine Arts

Act Mar. 24, 1937, ch. 50, 50 Stat. 51, sections 1 to 5 of which are incorporated as sections 71, 72 to 74, and 75 of this title, provided in section 6(c) that: “The existing bureau of the Smithsonian Institution now designated as a national gallery of art shall hereafter be known as the National Collection of Fine Arts.”

Section Referred to in Other Sections

This section is referred to in section 71a of this title.

§71a. Additions; payment of construction costs from trust funds

The Trustees of the National Gallery of Art are authorized to construct within the area reserved as a site for future additions by the third sentence of section 71 of this title one or more buildings to serve as additions to the National Gallery of Art. The cost of constructing any such building shall be paid from trust funds administered by such Trustees. The plans and specifications for any such building shall be approved by the Commission of Fine Arts and the National Capital Planning Commission.

(Pub. L. 90–376, §1, July 5, 1968, 82 Stat. 286.)

Codification

Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50 Stat. 51, which comprises this subchapter.

Transfer of Jurisdiction

Section 4 of Pub. L. 90–376 provided that: “The Commissioner [Mayor] of the District of Columbia is authorized to transfer to the United States such jurisdiction as the District of Columbia may have over any of the property within the area referred to in the first section of this Act [this section].”

Public Utility: Payment of Cost of Relocation or Protection From Trust Funds

Section 5 of Pub. L. 90–376 provided that: “If any public utility (whether privately or publicly owned) located within the area referred to in the first section of this Act [this section] is required to be relocated or protected by reason of the construction within such area of any addition to the National Gallery of Art, the cost of such relocation or protection shall be paid from trust funds administered by the Trustees of the National Gallery of Art.”

Section Referred to in Other Sections

This section is referred to in section 71b of this title.

§71b. Status of completed addition

Any building constructed under authority of section 71a of this title shall, upon completion, be a part of the National Gallery of Art.

(Pub. L. 90–376, §2, July 5, 1968, 82 Stat. 286.)

Codification

Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50 Stat. 51, which comprises this subchapter.

§72. Board of Trustees

(a) Establishment

There is established in the Smithsonian Institution a bureau, which shall be directed by a board to be known as the Trustees of the National Gallery of Art, whose duty it shall be to maintain and administer the National Gallery of Art and site thereof and to execute such other functions as are vested in the board by this subchapter. The board shall be composed as follows: The Chief Justice of the United States, the Secretary of State, the Secretary of the Treasury, and the Secretary of the Smithsonian Institution, ex officio; and five general trustees who shall be citizens of the United States, to be chosen as hereinafter provided. No officer or employee of the Federal Government shall be eligible to be chosen as a general trustee.

(b) Method of selection; term of office

The general trustees first taking office shall be chosen by the Board of Regents of the Smithsonian Institution, subject to the approval of the donor, and shall have terms expiring one each on July 1 of 1939, 1941, 1943, 1945, and 1947, as designated by the Board of Regents. A successor shall be chosen by a majority vote of the general trustees and shall have a term expiring ten years from the date of the expiration of the term for which his predecessor was chosen, except that a successor chosen to fill a vacancy occurring prior to the expiration of such term shall be chosen only for the remainder of such term.

(Mar. 24, 1937, ch. 50, §2, 50 Stat. 52.)

Delegation of Functions by Secretary of State to Director of the International Communication Agency

Pub. L. 95–426, title II, §205, Oct. 7, 1978, 92 Stat. 975, as amended by Pub. L. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291, provided that: “The Secretary of State may delegate to the Director of the United States Information Agency, with the consent of the Director, the functions vested in the Secretary by section 2(a) of the joint resolution entitled ‘Joint Resolution providing for the construction and maintenance of a National Gallery of Art’, approved March 24, 1937 (20 U.S.C. 72(a)).”

§73. Acceptance of gift from A. W. Mellon

Upon completion of the National Gallery of Art, the board shall accept for the Smithsonian Institution as a gift from the donor a collection of works of art which shall be housed and exhibited in the National Gallery of Art.

(Mar. 24, 1937, ch. 50, §3, 50 Stat. 52.)

§74. Maintenance

(a) Pledge of funds for upkeep; authorization of appropriations

The faith of the United States is pledged that, on completion of the National Gallery of Art by the donor in accordance with the terms of this subchapter and the acquisition from the donor of the collection of works of art, the United States will provide such funds as may be necessary for the upkeep of the National Gallery of Art and the administrative expenses and costs of operation thereof, including the protection and care of works of art acquired by the board, so that the National Gallery of Art shall be at all times properly maintained and the works of art contained therein shall be exhibited regularly to the general public free of charge. For these purposes, and to provide, prior to the completion of the National Gallery of Art, for the protection and care of the works of art in said Gallery and for administrative and operating expenses and equipment preparatory to the opening of the Gallery to the public, there are authorized to be appropriated such sums as may be necessary.

(b) Acceptance of gifts and other property; investment of funds

The board is authorized to accept for the Smithsonian Institution and to hold and administer gifts, bequests, or devises of money, securities, or other property of whatsoever character for the benefit of the National Gallery of Art. Unless otherwise restricted by the terms of the gift, bequest, or devise, the board is authorized to sell or exchange and to invest or reinvest in such investments as it may determine from time to time the moneys, securities, or other property composing trust funds given, bequeathed, or devised to or for the benefit of the National Gallery of Art. The income as and when collected shall be placed in such depositaries as the board shall determine and shall be subject to expenditure by the board.

(c) Appointment and compensation of officers and employees

The board shall appoint and fix the compensation and duties of a director, an assistant director, a secretary, and a chief curator of the National Gallery of Art, and of such other officers and employees of the National Gallery of Art as may be necessary for the efficient administration of the functions of the board. Such director, assistant director, secretary, and chief curator shall be compensated from trust funds available to the board for the purpose, and their appointment and salaries shall not be subject to the civil-service laws or chapter 51 and subchapter III of chapter 53 of title 5. The director, assistant director, secretary, and chief curator shall be well qualified by experience and training to perform the duties of their office and the original appointment to each such office shall be subject to the approval of the donor.

(d) Review of actions of board

The actions of the board, including any payment made or directed to be made by it from any trust funds, shall not be subject to review by any officer or agency other than a court of law.

(Mar. 24, 1937, ch. 50, §4, 50 Stat. 52; Apr. 13, 1939, ch. 61, 53 Stat. 577; Oct. 28, 1949, ch. 782, title XI, §1106(a), 63 Stat. 972.)

References in Text

The civil-service laws, referred to in subsec. (c), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

Codification

In subsec. (c), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1949—Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.

1939—Subsec. (a). Act Apr. 13, 1939, inserted in last sentence “and to provide, prior to the completion of the National Gallery of Art, for the protection and care of the works of art in said Gallery and for administrative and operating expenses and equipment preparatory to the opening of the Gallery to the public”.

Repeals

Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, §8, 80 Stat. 632, 655.

§74a. Permanent loan of funds by Board of Trustees to Treasury; semiannual interest payments to Board

The Secretary of the Treasury is authorized and directed to receive into the Treasury from time to time as a permanent loan by the Board of Trustees of the National Gallery of Art to the United States sums in cash of not to exceed $5,000,000 in the aggregate, and to pay interest on the principal amount of such loan at a rate which is the higher of the rate of 4 per centum per annum or a rate which is .25 percentage points less than a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding long-term marketable obligations of the United States, adjusted to the nearest one-eighth of 1 per centum, payable semiannually. Such interest is permanently appropriated for payment to the Board of Trustees of the National Gallery of Art.

(Apr. 10, 1943, ch. 46, 57 Stat. 62; Sept. 21, 1976, Pub. L. 94–418, 90 Stat. 1278.)

Codification

Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50 Stat. 51, which comprises this subchapter.

Amendments

1976—Pub. L. 94–418 inserted provision authorizing alternate interest rate to existing interest rate of 4 per centum per annum.

§75. Authority and functions of the board

(a) Official seal; bylaws, rules, and regulations; quorum

The board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations, as it deems necessary for the administration of its functions under this subchapter, including, among other matters, bylaws, rules, and regulations relating to the acquisition, exhibition, and loan of works of art, the administration of its trust funds, and the organization and procedure of the board. The board may function notwithstanding vacancies, and three members of the board shall constitute a quorum for the transaction of business.

(b) Quality of works of art

In order that the collection of the National Gallery of Art shall always be maintained at a high standard and in order to prevent the introduction therein of inferior works of art, no work of art shall be included in the permanent collection of the National Gallery of Art unless it be of similar high standard of quality to those in the collection acquired from the donor.

(c) Powers and obligations

The board shall have all the usual powers and obligations of a trustee in respect of all trust funds administered by it and all works of art acquired by it.

(d) Annual reports

The board shall submit to the Smithsonian Institution an annual report of its operations under this subchapter, including a detailed statement of all acquisitions and loans of works of art and of all public and private moneys received and disbursed.

(Mar. 24, 1937, ch. 50, §5, 50 Stat. 53.)

SUBCHAPTER III—NATIONAL PORTRAIT GALLERY

§75a. Definitions

For the purposes of this subchapter—

(a) The term “Board” means the Board of Regents of the Smithsonian Institution.

(b) The term “Commission” means the National Portrait Gallery Commission as provided for in this subchapter.

(c) The term “Gallery” means the National Portrait Gallery established by this subchapter.

(d) The term “gift” includes a gift, bequest, or devise, whether outright or in trust, and any legal instrument by which the gift is effected.

(e) The term “portraiture” includes portraits and reproductions thereof made by any means or process, whether invented or developed heretofore or hereafter.

(Pub. L. 87–443, §2, Apr. 27, 1962, 76 Stat. 62; Pub. L. 94–209, Feb. 5, 1976, 90 Stat. 30.)

Amendments

1976—Subsec. (e). Pub. L. 94–209 substituted “includes portraits and reproductions thereof made by any means or process, whether invented or developed heretofore or hereafter” for “for purposes of this subchapter shall mean painted or sculptured likenesses”.

Short Title

Pub. L. 87–443, §1, provided: “That this Act [enacting this subchapter] may be cited as the ‘National Portrait Gallery Act’.”

§75b. Establishment of National Portrait Gallery; functions

(a) There is established in the Smithsonian Institution a bureau which shall be known as the National Portrait Gallery. The functions of such bureau shall be those authorized by this subchapter. The use for the purposes of the Gallery of any part of the building transferred to the Smithsonian Institution pursuant to the Act of March 28, 1958 (72 Stat. 68), is authorized.

(b) The Gallery shall function as a free public museum for the exhibition and study of portraiture and statuary depicting men and women who have made significant contributions to the history, development, and culture of the people of the United States and of the artists who created such portraiture and statuary.

(Pub. L. 87–443, §3, Apr. 27, 1962, 76 Stat. 62.)

References in Text

Act of March 28, 1958, referred to in subsec. (a), is act Mar. 28, 1958, Pub. L. 85–357, 72 Stat. 68, which was not classified to the Code.

Section Referred to in Other Sections

This section is referred to in section 75e of this title.

§75c. Creation of National Portrait Gallery Commission; members; functions; powers

There is created the National Portrait Gallery Commission. The number, manner of appointment and tenure of the members of the Commission shall be such as the Board may from time to time prescribe. The Board may delegate to the Commission any function of the Gallery or any function of the Board with respect to the Gallery. The Board may make rules and regulations for the conduct of the affairs of the Commission and the operation of the Gallery, and to the extent and under such limitations as the Board deems advisable, the Board may delegate to the Commission the power to make such rules and regulations.

(Pub. L. 87–443, §4, Apr. 27, 1962, 76 Stat. 62.)

§75d. Acceptance of gifts; title to property

(a) The Board is authorized to accept for the Smithsonian Institution gifts of any property for the benefit of the Gallery.

(b) Legal title to all property (except property of the United States) held for the use or benefit of the Gallery shall be vested in the Smithsonian Institution. Subject to any limitations otherwise expressly provided by law, and, in the case of any gift, subject to any applicable restrictions under the terms of such gift, the Board is authorized to sell, exchange, or otherwise dispose of any property of whatsoever nature held by it, and to invest in, reinvest in, or purchase any property of whatsoever nature for the benefit of the National Portrait Gallery.

(Pub. L. 87–443, §5, Apr. 27, 1962, 76 Stat. 62.)

§75e. Powers of Board

For the purpose of carrying out any function authorized by section 75b of this title, the Board may—

(1) purchase, accept, borrow, or otherwise acquire portraiture, statuary, and other items for preservation, exhibition, or study. The Board may acquire any such item on the basis of its general historical interest, its artistic merit, or the historical significance of the individual to which it relates, or any combination of any such factors. The Board may acquire period furniture and other items to enhance its displays of portraiture and statuary.

(2) preserve or restore any item acquired pursuant to paragraph (1).

(3) display, loan, store, or otherwise hold any such item.

(4) sell, exchange, donate, return, or otherwise dispose of any such item.

(Pub. L. 87–443, §6, Apr. 27, 1962, 76 Stat. 63.)

§75f. Director; appointment and compensation; officers and employees

(a) The Board may appoint and fix the compensation and duties of a director of the Gallery, and his appointment and salary shall not be subject to the civil-service laws or chapter 51 and subchapter III of chapter 53 of title 5. The Board may employ such other officers and employees as may be necessary for the efficient administration, operation, and maintenance of the Gallery.

(b) The Board may delegate to the Secretary of the Smithsonian Institution, as well as to the Commission, any of its functions pursuant to subsection (a) of this section.

(Pub. L. 87–443, §7, Apr. 27, 1962, 76 Stat. 63.)

References in Text

The civil-service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

Codification

In subsec. (a), “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, §7(b) Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

§75g. Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.

(Pub. L. 87–443, §8, Apr. 27, 1962, 76 Stat. 63.)

SUBCHAPTER IV—SMITHSONIAN GALLERY OF ART

§§76, 76a. Omitted

Codification

Section 76, act May 17, 1938, ch. 238, §1, 52 Stat. 399, directed National Capital Park and Planning Commission to designate and President to assign a site for a building to house and display national collections of fine arts, portraits of eminent Americans, and works of artists deserving of recognition.

Section 76a, act May 17, 1938, ch. 238, §2, 52 Stat. 399, created Smithsonian Gallery of Art Commission which terminated upon approval by Regents of Smithsonian Institution of design for buildings and grounds.

§76b. Functions of Regents

(a) Solicitation of construction funds

The Regents are authorized to solicit and receive subscriptions of funds from private sources for the purposes specified in this subsection. Funds so received shall be placed in a special deposit account with the Treasurer of the United States, and may be expended by the Regents to meet the cost of the construction of the building, including furnishings and equipment thereof, to obtain necessary drawings and specifications, make necessary surveys and estimates of cost, defray necessary administrative expenses, and secure other needful services.

(b) Construction of building

The Regents may, subject to the approval of the President, authorize the preparation of the site and the construction of the building, including approaches and landscaping of the grounds: Provided, That the Administrator of General Services shall supervise the preparation of the plans and specifications, make all necessary contracts, and supervise construction.

(c) Name of building; supervision and control

The name of the building shall be the Smithsonian Gallery of Art (hereinafter referred to as the “Gallery”), and it shall be under the supervision and control of the Regents and the Secretary of the Smithsonian Institution.

(May 17, 1938, ch. 238, §3, 52 Stat. 400; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, §103, 63 Stat. 380.)

Transfer of Functions

Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, transferred to Administrator of General Services, and Federal Works Agency and office of Federal Works Administrator abolished by section 103 of act June 30, 1949, which is classified to section 753 of Title 40, Public Buildings, Property, and Works.

Functions of Director of Procurement relating to selection of location and sites of public buildings transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

§76c. Policy to foster appreciation of past and contemporary art

(a) Solicitations of private donations

It shall be the policy of the Regents to maintain a worthy standard for the acceptance of art objects for exhibition in the Gallery, and to foster by public exhibitions from time to time in Washington, and other parts of the United States a growing appreciation of art, both of past and contemporary time; and the Regents are authorized to solicit and receive private donations of works of art and contributions of funds from private sources for the purchase of works of art. Funds so received shall be placed in a special deposit account with the Treasurer of the United States and may be expended by the Regents for the purchase of works of art.

(b) Solicitation of funds to acquire and sell works of art, employ artists, award scholarships, etc.

In order to encourage the development of contemporary art and to effect the widest distribution and cultivation in matters of such art, the Regents are authorized to solicit and receive funds from private sources, to acquire (by purchase or otherwise) and sell contemporary works of art or copies thereof, to employ artists and other personnel, award scholarships, conduct exhibitions, and generally to do such things and have such other powers as will effectuate the purposes of this subsection. Funds received by the Regents under this subsection shall be placed in a special deposit account with the Treasurer of the United States and may be expended by the Regents for the purposes enumerated in this subsection and for no other purposes: Provided, That the Regents shall not incur any obligations under this subsection in excess of the funds available therefor.

(May 17, 1938, ch. 238, §4, 52 Stat. 400.)

§76d. Donations of works of art from Government agencies

The Administrator of General Services and other agencies of the Government are authorized to donate to the Gallery any works of art now or hereafter under their control.

(May 17, 1938, ch. 238, §5, 52 Stat. 401; 1939 Reorg. Plan No. I, §§301, 303, eff. July 1, 1939, 4 FR 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, §103, 63 Stat. 380.)

Transfer of Functions

Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, transferred to Administrator of General Services, and Federal Works Agency and office of Federal Works Administrator abolished by section 103 of act June 30, 1949, which is classified to section 753 of Title 40, Public Buildings, Property, and Works.

Public Buildings Branch of Procurement Division in Treasury Department and Public Works Administration and other agencies were consolidated into Federal Works Agency, and functions transferred to Federal Works Administrator, by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

§76e. Housing or exhibiting objects of art possessed by Smithsonian Institution

Such objects of art as the Government or the Smithsonian Institution now possess, or such as may hereafter be acquired, may be housed or exhibited in the Gallery, with the approval of and under such regulations as the Regents and Secretary of the Smithsonian Institution may prescribe.

(May 17, 1938, ch. 238, §6, 52 Stat. 401.)

§76f. Appointment, compensation, and duties of Director of Gallery; personnel

The Regents may appoint and fix the compensation and duties of a Director of the Gallery and may employ such other officers and employees as may be necessary for the efficient operation and administration of the Gallery.

(May 17, 1938, ch. 238, §7, 52 Stat. 401.)

§76g. Authorization of appropriations

There are authorized to be appropriated annually such sums as may be necessary to maintain and administer the Gallery, including the salaries of the Director and of other necessary officers and employees, and for special public exhibitions at Washington and elsewhere.

(May 17, 1938, ch. 238, §8, 52 Stat. 401.)

SUBCHAPTER V—JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

§76h. Board of Trustees

(a) Establishment

There is hereby established in the Smithsonian Institution a bureau, which shall be directed by a board to be known as the Trustees of the John F. Kennedy Center for the Performing Arts (hereafter in this subchapter, referred to as the “Board”), whose duty it shall be to maintain and administer the John F. Kennedy Center for the Performing Arts and site thereof as the National Center for the Performing Arts, a living memorial to John Fitzgerald Kennedy, and to execute such other functions as are vested in the Board by this subchapter. The Board shall be composed as follows: The Secretary of Health and Human Services, the Librarian of Congress, the Director of the United States Information Agency, the Chairman of the Commission of Fine Arts, the Mayor of the District of Columbia, the Superintendent of Schools of the District of Columbia, the Director of the National Park Service, the Secretary of Education, the Secretary of the Smithsonian Institution, the chairman and ranking minority member of the Committee on Public Works and Transportation of the House of Representatives and 3 additional Members of the House of Representatives appointed by the Speaker of the House of Representatives, and the chairman and ranking minority member of the Committee on Environment and Public Works of the Senate and 3 additional Members of the Senate appointed by the President of the Senate ex officio; and thirty general trustees who shall be citizens of the United States, to be chosen as hereinafter provided.

(b) General trustees

The general trustees shall be appointed by the President of the United States. Each trustee shall hold office as a member of the Board for a term of 6 years, except that—

(1) any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of the term;

(2) a member shall continue to serve until the successor of the member has been appointed; and

(3) the term of office of a member appointed before July 21, 1994, shall expire as designated at the time of appointment.

(c) Advisory Committee on the Arts

There shall be an Advisory Committee on the Arts composed of such members as the President of the United States may designate, to serve at the pleasure of the President. Persons appointed to the Advisory Committee on the Arts, including officers or employees of the United States, shall be persons who are recognized for their knowledge of, or experience or interest in, one or more of the arts in the fields covered by the John F. Kennedy Center for the Performing Arts. The President shall designate the Chairman of the Advisory Committee on the Arts. In making such appointments the President shall give consideration to such recommendations as may from time to time be submitted to him by leading national organizations in the appropriate art fields. The Advisory Committee on the Arts shall advise and consult with the Board and make recommendations to the Board regarding existing and prospective cultural activities to be carried out by the John F. Kennedy Center for the Performing Arts. The Advisory Committee on the Arts shall assist the Board in carrying out section 76k(a) of this title. Members of the Advisory Committee on the Arts shall serve without compensation.

(Pub. L. 85–874, §2, Sept. 2, 1958, 72 Stat. 1698; Pub. L. 88–100, §§1, 2, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, §1(2), Jan. 23, 1964, 78 Stat. 4; 1967 Reorg. Plan No. 3, §401, eff. Aug. 11, 1967, 81 Stat. 951; Pub. L. 93–198, title IV, §421, Dec. 24, 1973, 87 Stat. 789; 1977 Reorg. Plan No. 2, §7(b), 42 F.R. 62461, 91 Stat. 1637; Pub. L. 96–88, title III, §301(a)(1), title V, §§507, 509(b), Oct. 17, 1979, 93 Stat. 677, 692, 695; Pub. L. 97–241, title III, §303(b), Aug. 24, 1982, 96 Stat. 291; Pub. L. 103–279, §2(b)(1), (c), (d), July 21, 1994, 108 Stat. 1409, 1410.)

Amendments

1994—Pub. L. 103–279, §2(b)(1)(A), substituted section catchline for former section catchline.

Subsec. (a). Pub. L. 103–279, §2(b)(1)(A), inserted heading, in first sentence inserted “as the National Center for the Performing Arts, a living memorial to John Fitzgerald Kennedy,” after “and site thereof”, and in second sentence substituted “Superintendent of Schools of the District of Columbia” for “Chairman of the District of Columbia Recreation Board” and “the chairman and ranking minority member of the Committee on Public Works and Transportation of the House of Representatives and 3 additional Members of the House of Representatives appointed by the Speaker of the House of Representatives, and the chairman and ranking minority member of the Committee on Environment and Public Works of the Senate and 3 additional Members of the Senate appointed by the President of the Senate” for “three Members of the Senate appointed by the President of the Senate, and three Members of the House of Representatives appointed by the Speaker of the House of Representatives”.

Subsec. (b). Pub. L. 103–279, §2(c), inserted heading and amended text generally. Prior to amendment, text read as follows: “The general trustees shall be appointed by the President of the United States and each such trustee shall hold office as a member of the Board for a term of ten years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, (2) the terms of any members appointed prior to August 19, 1963, shall expire as designated by the President at the time of appointment, and (3) the terms of the first fifteen members appointed to the Board pursuant to the amendments made by the National Cultural Center Amendments Act of 1963 shall expire, as designated by the President at the time of appointment, three on September 1, 1964, three on September 1, 1966, three on September 1, 1968, three on September 1, 1970, and three on September 1, 1972.”

Subsec. (c). Pub. L. 103–279, §2(d), inserted heading, inserted “of the United States” before “may designate” in first sentence, substituted “carried out by the John” for “carried on in the John” in fifth sentence, and struck out before period at end of last sentence “, but each member of such Committee shall be reimbursed for travel, subsistence, and other necessary expenses incurred by him in connection with the work of such Committee”.

1964—Subsecs. (a), (c). Pub. L. 88–260 substituted “John F. Kennedy Center for the Performing Arts” for “National Cultural Center” wherever appearing.

1963—Subsec. (a). Pub. L. 88–100, §1, substituted “thirty” for “fifteen” after “ex officio; and”.

Subsec. (b). Pub. L. 88–100, §2, inserted provisions governing the terms of the additional fifteen general trustees added to the Board by section 1 of Pub. L. 88–100.

Change of Name

“Secretary of Health and Human Services” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of this title.

Committee on Public Works and Transportation of House of Representatives changed to Committee on Transportation and Infrastructure of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

Effective Date of 1994 Amendment

Section 2(b)(2) of Pub. L. 103–279 provided that:

“(A) Superintendent of schools of the district of columbia.—The amendment made by paragraph (1)(C)(i) [amending this section] shall take effect on the date of expiration of the term of the Chairman of the District of Columbia Recreation Board serving as a trustee of the John F. Kennedy Center for the Performing Arts on the date of enactment of this Act [July 21, 1994].

“(B) Members of congress.—The amendment made by paragraph (1)(C)(ii) [amending this section] shall take effect on the date of enactment of this Act.”

Short Title of 1994 Amendment

Section 1 of Pub. L. 103–279 provided that: “This Act [enacting sections 76r and 76s of this title, amending this section, sections 76j, 76k, 76l, and 76p of this title, and sections 193r, 193u, and 193v of Title 40, Public Buildings, Property, and Works, enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the ‘John F. Kennedy Center Act Amendments of 1994’.”

Short Title of 1984 Amendment

Pub. L. 98–473, title I, §101(c), Oct. 12, 1984, 98 Stat. 1837, 1876, provided that: “The following [amending section 76o of this title] may be cited as ‘The John F. Kennedy Center Act Amendments of 1984’.”

Short Title of 1963 Amendment

Section 5 of Pub. L. 88–100 provided that: “This Act [amending this section and sections 76l and 76m of this title] may be cited as the ‘National Cultural Center Amendments Act of 1963’.”

Short Title

Section 1(a), formerly §1, of Pub. L. 85–874, as amended by Pub. L. 88–260, §1(1), Jan. 23, 1964, 78 Stat. 4; redesignated §1(a), Pub. L. 103–279, §2(a)(1), July 21, 1994, 108 Stat. 1409, provided that: “This Act [enacting this subchapter] may be cited as the ‘John F. Kennedy Center Act’.”

Transfer of Functions

“Secretary of Education” substituted for “Commissioner of the United States Office of Education” in subsec. (a) pursuant to sections 301(a)(1) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1) and 3507 of this title and which transferred all functions of Commissioner of Education to Secretary of Education.

“Director of the United States Information Agency” substituted for “Director of the International Communication Agency” in subsec. (a) pursuant to section 303(b) of Pub. L. 97–241, set out as a note under section 1461 of Title 22, Foreign Relations and Intercourse. Previously, “Director of the International Communication Agency” had been substituted for “Assistant Secretary of State for Public Affairs” in subsec. (a) pursuant to Reorg. Plan No. 2 of 1977, §7(b), 42 F.R. 62461, 91 Stat. 1637, set out in the Appendix to Title 5, Government Organization and Employees, effective on or before July 1, 1978, at such time as specified by the President, which transferred all functions vested in Assistant Secretary of State for Public Affairs under subsec. (a) of this section to Director of International Communication Agency.

Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, all functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198, classified to section 1–241 of the District of Columbia Code. Accordingly, “Mayor” substituted in subsec. (a) for “President of the Board of Commissioners”.

National Cultural Center; Designation or References

Section 2 of Pub. L. 88–260 provided that: “In addition to the amendments made by the first section of this Act [enacting sections 76n to 76q, and amending sections 76h to 76q of this title], any designation or reference to the National Cultural Center in any other law, map, regulation, document, record, or other paper of the United States shall be held to designate or refer to such Center as the John F. Kennedy Center for the Performing Arts.”

Congressional Findings

Section 1(b) of Pub. L. 85–874, as added Pub. L. 103–279, §2(a)(2), July 21, 1994, 108 Stat. 1409, provided that: “Congress finds that—

“(1) the late John Fitzgerald Kennedy served with distinction as President of the United States and as a Member of the Senate and the House of Representatives;

“(2) by the untimely death of John Fitzgerald Kennedy the United States and the world have suffered a great loss;

“(3) the late John Fitzgerald Kennedy was particularly devoted to education and cultural understanding and the advancement of the performing arts;

“(4) it is fitting and proper that a living institution of the performing arts, designated as the National Center for the Performing Arts, named in the memory and honor of this great leader, shall serve as the sole national monument to his memory within the District of Columbia and its environs;

“(5) such a living memorial serves all of the people of the United States by preserving, fostering, and transmitting the performing arts traditions of the people of the United States and other countries by producing and presenting music, opera, theater, dance, and other performing arts; and

“(6) such a living memorial should be housed in the John F. Kennedy Center for the Performing Arts, located in the District of Columbia.”

§76i. Construction of building; fund raising; designation as John F. Kennedy Center for the Performing Arts; location and selection of site; acquisition of lands; plans and specifications

The Board shall construct for the Smithsonian Institution, with funds raised by voluntary contributions, a building to be designated as the John F. Kennedy Center for the Performing Arts on a site in the District of Columbia bounded by the Inner Loop Freeway on the east, the Theodore Roosevelt Bridge approaches on the south, Rock Creek Parkway on the west, New Hampshire Avenue and F Street on the north, which shall be selected for such purpose by the National Capital Planning Commission. The National Capital Planning Commission shall acquire by purchase, condemnation, or otherwise, lands necessary to provide for the John F. Kennedy Center for the Performing Arts and related facilities. Such building shall be in accordance with plans and specifications approved by the Commission of Fine Arts.

(Pub. L. 85–874, §3, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, §1(2), Jan. 23, 1964, 78 Stat. 4.)

Amendments

1964—Pub. L. 88–260 substituted “John F. Kennedy Center for the Performing Arts” for “National Cultural Center” wherever appearing.

§76j. Duties of Board

(a) Programs, activities, and goals

(1) In general

The Board shall—

(A) present classical and contemporary music, opera, drama, dance, and other performing arts from the United States and other countries;

(B) promote and maintain the John F. Kennedy Center for the Performing Arts as the National Center for the Performing Arts—

(i) by developing and maintaining a leadership role in national performing arts education policy and programs, including developing and presenting original and innovative performing arts and educational programs for children, youth, families, adults, and educators designed specifically to foster an appreciation and understanding of the performing arts;

(ii) by developing and maintaining a comprehensive and broad program for national and community outreach, including establishing model programs for adaptation by other presenting and educational institutions; and

(iii) by conducting joint initiatives with the national education and outreach programs of the Very Special Arts, an entity affiliated with the John F. Kennedy Center for the Performing Arts which has an established program for the identification, development, and implementation of model programs and projects in the arts for disabled individuals;


(C) strive to ensure that the education and outreach programs and policies of the John F. Kennedy Center for the Performing Arts meet the highest level of excellence and reflect the cultural diversity of the United States;

(D) provide facilities for other civic activities at the John F. Kennedy Center for the Performing Arts;

(E) provide within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the late President;

(F) develop, and update annually, a comprehensive building needs plan for the features of the John F. Kennedy Center for the Performing Arts in existence on July 21, 1994;

(G) with respect to each feature of the building and site of the John F. Kennedy Center for the Performing Arts that is in existence on July 21, 1994 (including a theater, the garage, the plaza, or a building walkway), plan, design, and construct each capital repair, replacement, improvement, rehabilitation, alteration, or modification necessary for the feature; and

(H) provide—

(i) information and interpretation; and

(ii) with respect to each feature of the building and site of the John F. Kennedy Center for the Performing Arts that is in existence on July 21, 1994 (including a theater, the garage, the plaza, or a building walkway), all necessary maintenance, repair, and alteration of, and all janitorial, security, and other services and equipment necessary for the operation of, the feature, in a manner consistent with requirements for high quality operations.

(2) Administrative powers and duties

(A) Authority to enter into contracts

The Board, in accordance with applicable law, may enter into contracts or other arrangements with, and make payments to, public agencies or private organizations or other private persons in order to carry out the functions of the Board under this subchapter. The authority described in the preceding sentence includes utilizing the services and facilities of other agencies, including the Department of the Interior, the General Services Administration, and the Smithsonian Institution.

(B) Preparation of budget

The Board shall prepare a budget pursuant to sections 1104, 1105(a), and 1513(b) of title 31.

(C) Use of agency personnel

The Board may utilize or employ the services of the personnel of any agency or instrumentality of the Federal Government or the District of Columbia, with the consent of the agency or the instrumentality concerned, on a reimbursable basis, and utilize voluntary and uncompensated personnel.

(D) Selection of contractors

In carrying out the duties of the Board under this subchapter, the Board may negotiate any contract for an environmental system for, a protection system for, or a repair to, maintenance of, or restoration of the John F. Kennedy Center for the Performing Arts with selected contractors and award the contract on the basis of contractor qualifications as well as price.

(E) Maintenance of halls

The Board shall maintain the Hall of Nations, the Hall of States, and the Grand Foyer of the John F. Kennedy Center for the Performing Arts in a manner that is suitable to a national performing arts center that is operated as a Presidential memorial and in a manner consistent with other national Presidential memorials.

(F) Maintenance of grounds

The Board shall manage and operate the grounds of the John F. Kennedy Center for the Performing Arts in a manner consistent with National Park Service regulations and agreements in effect on July 21, 1994. No change in the management and operation of the grounds may be made without the express approval of Congress and of the Secretary of the Interior.

(b) Restriction on additional memorials

(1) Except as provided in paragraph (2) of this subsection, the Board shall assure that after December 2, 1983, no additional memorials or plaques in the nature of memorials shall be designated or installed in the public areas of the John F. Kennedy Center for the Performing Arts.

(2) Paragraph (1) of this subsection shall not apply to—

(A) any plaque acknowledging a gift from a foreign country;

(B) any plaque on a theater chair or a theater box acknowledging the gift of such chair or box; and

(C) any inscription on the marble walls in the north or south galleries, the Hall of States, or the Hall of Nations acknowledging a major contribution;


which plaque or inscription is permitted under policies of the Board in effect on December 2, 1983.

(3) For purposes of this subsection, testimonials and benefit performances shall not be construed to be memorials.

(Pub. L. 85–874, §4, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, §1(3), Jan. 23, 1964, 78 Stat. 4; Pub. L. 98–205, §4, Dec. 2, 1983, 97 Stat. 1388; Pub. L. 103–279, §3, July 21, 1994, 108 Stat. 1411.)

Amendments

1994—Pub. L. 103–279 substituted section catchline for former section catchline, added heading and text of subsec. (a), and struck out former subsec. (a) which read as follows: “The Board shall—

“(1) present classical and contemporary music, opera, drama, dance, and poetry from this and other countries,

“(2) present lectures and other programs,

“(3) develop programs for children and youth and the elderly (and for other age groups as well) in such arts designed specifically for their participation, education, and recreation,

“(4) provide facilities for other civic activities at the John F. Kennedy Center for the Performing Arts,

“(5) provide within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the late President.”

1983—Pub. L. 98–205 designated existing provisions as subsec. (a) and added subsec. (b).

1964—Pub. L. 88–260 struck out “and” at end of par. (3), substituted “John F. Kennedy Center for the Performing Arts” for “Cultural Center” in par. (4), and added par. (5).

Section Referred to in Other Sections

This section is referred to in section 76r of this title.

§76k. Powers of Board

(a) Solicitation and acceptance of gifts

The Board is authorized to solicit and accept for the John F. Kennedy Center for the Performing Arts, as a bureau of the Smithsonian Institution, and to hold and administer gifts, bequests, or devises of money, securities, or other property of whatsoever character for the benefit of the John F. Kennedy Center for the Performing Arts. Unless otherwise restricted by the terms of the gift, bequest, or devise, the Board is authorized to sell or exchange and to invest or reinvest in such investments as it may determine from time to time the moneys, securities, or other property composing trust funds given, bequeathed, or devised to or for the benefit of the John F. Kennedy Center for the Performing Arts. The income as and when collected shall be placed in such depositaries as the Board shall determine and shall be subject to expenditure by the Board.

(b) Appointment of officers and employees

(1) Chairperson and Secretary

The Board shall appoint and fix the compensation and duties of a Chairperson of the John F. Kennedy Center for the Performing Arts, who shall serve as the chief executive officer of the Center, and a Secretary of the John F. Kennedy Center for the Performing Arts. The Chairperson and Secretary shall be well qualified by experience and training to perform the duties of their respective offices.

(2) Senior level executive and other employees

The Chairperson of the John F. Kennedy Center for the Performing Arts may appoint—

(A) a senior level executive who, by virtue of the background of the individual, shall be well suited to be responsible for facilities management and services and who may, without regard to the provisions of title 5, be appointed and compensated with appropriated funds, except that the compensation may not exceed the maximum rate of pay prescribed for level IV of the Executive Schedule under section 5315 of title 5; and

(B) such other officers and employees of the John F. Kennedy Center for the Performing Arts as may be necessary for the efficient administration of the functions of the Board.

(c) Transfer of property

Not later than October 1, 1995, the property, liabilities, contracts, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions transferred from the Secretary of the Interior pursuant to the amendments made by the John F. Kennedy Center Act Amendments of 1994 shall be transferred, subject to section 1531 of title 31, to the Board as the Board and the Secretary of the Interior may determine appropriate. Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which, and subject to the terms under which, the funds were originally authorized and appropriated.

(d) Transfer of personnel

(1) In general

Employees of the National Park Service assigned to duties related to the functions being undertaken by the Board shall be transferred with their functions to the Board not later than October 1, 1995.

(2) Rights and benefits

Transferred employees shall remain in the Federal competitive service and retain all rights and benefits provided under title 5. For a period of not less than 3 years after the date of transfer of an employee under paragraph (1), the transferred employee shall retain the right of priority consideration under merit promotion procedures or lateral reassignment for all vacancies within the Department of the Interior.

(3) Park Police

All United States Park Police and Park Police guard force employees assigned to the John F. Kennedy Center for the Performing Arts shall remain employees of the National Park Service.

(4) Costs

All usual and customary costs associated with any adverse action or grievance proceeding resulting from the transfer of functions under this section that are incurred before October 1, 1995, shall be paid from funds appropriated to the John F. Kennedy Center for the Performing Arts.

(5) Reorganization authority

Nothing contained in this section shall prohibit the Board from reorganizing functions at the John F. Kennedy Center for the Performing Arts in accordance with laws governing reorganizations.

(e) Review of Board actions

The actions of the Board relating to performing arts and to payments made or directed to be made by the Board from any trust funds shall not be subject to review by any officer or agency other than a court of law.

(f) Collective bargaining

(1) “Theatrical employee” defined

As used in this subsection, the term “theatrical employee” means a nonappropriated fund employee of the Board, who is engaged in a box office, performing, or theatrical trade that is the subject of a collective bargaining agreement as of January 1, 1994, including any change in the trade as a result of a technological advance.

(2) Collective bargaining

(A) In general

For the purposes of the National Labor Relations Act (29 U.S.C. 151 et seq.) and the Labor-Management Relations Act, 1947 (29 U.S.C. 141 et seq.)—

(i) each theatrical employee shall be considered to be an “employee” within the meaning of section 2(3) of the National Labor Relations Act (29 U.S.C. 152(3)); and

(ii) with respect to a theatrical employee, the Board shall be considered to be an “employer” within the meaning of section 2(2) of the National Labor Relations Act (29 U.S.C. 152(2)).

(B) Rights and obligations

With respect to each theatrical employee, the theatrical employee and the Board shall have all of the rights and obligations specified in such Acts.

(Pub. L. 85–874, §5, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–260, §1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103–279, §4, July 21, 1994, 108 Stat. 1413.)

References in Text

The John F. Kennedy Center Act Amendments of 1994, referred to in subsec. (c), is Pub. L. 103–279, July 21, 1994, 108 Stat. 1409, which enacted sections 76r and 76s of this title, amended this section, sections 76h, 76j, 76l, and 76p of this title, and sections 193r, 193u, and 193v of Title 40, Public Buildings, Property, and Works, and enacted and amended provisions set out as notes under section 76h of this title. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 76h of this title and Tables.

The provisions relating to the Federal competitive service, referred to in subsec. (d)(2), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

The National Labor Relations Act, referred to in subsec. (f)(2), is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is classified generally to subchapter II (§151 et seq.) of chapter 7 of Title 29, Labor. For complete classification of this Act to the Code, see section 167 of Title 29 and Tables.

The Labor Management Relations Act, 1947, referred to in subsec. (f)(2), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended, which is classified principally to chapter 7 (§141 et seq.) of Title 29. For complete classification of this Act to the Code, see section 141 of Title 29 and Tables.

Amendments

1994—Pub. L. 103–279, §4(a)(1), substituted section catchline for former section catchline.

Subsec. (a). Pub. L. 103–279, §4(a)(1), inserted heading and substituted “John F. Kennedy Center for the Performing Arts, as a bureau of the Smithsonian Institution,” for “Smithsonian Institution”.

Subsec. (b). Pub. L. 103–279, §4(b), inserted heading and amended text generally. Prior to amendment, text read as follows: “The Board shall appoint and fix the compensation and duties of a director, an assistant director, and a secretary of the John F. Kennedy Center for the Performing Arts and of such other officers and employees of the John F. Kennedy Center for the Performing Arts as may be necessary for the efficient administration of the functions of the Board. The director, assistant director, and secretary shall be well qualified by experience and training to perform the duties of their office.”

Subsec. (c). Pub. L. 103–279, §4(c), added heading and text of subsec. (c) and struck out text of former subsec. (c). Prior to amendment, text read as follows: “The actions of the Board, including any payment made or directed to be made by it from any trust funds, shall not be subject to review by any officer or agency other than a court of law.”

Subsecs. (d) to (f). Pub. L. 103–279, §4(c), added subsecs. (d) to (f).

1964—Subsecs. (a), (b). Pub. L. 88–260 substituted “John F. Kennedy Center for the Performing Arts” for “National Cultural Center” wherever appearing.

Section Referred to in Other Sections

This section is referred to in section 76h of this title.

§76l. Official seal, Board vacancies and quorum, trustee powers and obligations, reports, support services, and review and audit

(a) Adoption of seal; Board function notwithstanding vacancies; quorum

The Board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations, as it deems necessary for the administration of its functions under this subchapter, including, among other matters, bylaws, rules, and regulations relating to the administration of its trust funds and the organization and procedure of the Board. The Board may function notwithstanding vacancies and twelve members of the Board shall constitute a quorum for the transaction of business.

(b) Powers and obligations of Board in respect of trust funds

The Board shall have all the usual powers and obligations of a trustee in respect of all trust funds administered by it.

(c) Annual report of operations and finances

The Board shall submit to the Smithsonian Institution and to Congress an annual report of the operations of the Board under this subchapter, including a detailed statement of all public and private moneys received and disbursed by it.

(d) Audit of accounts

Not less than once every 3 years, the Comptroller General shall review and audit the accounts of the John F. Kennedy Center for the Performing Arts for the purpose of examining expenditures of funds appropriated under the authority provided by this subchapter.

(e) Inspector General

The functions of the Board funded by funds appropriated pursuant to section 76r of this title shall be subject to the requirements for a Federal entity under the Inspector General Act of 1978 (5 U.S.C. App.). The Inspector General of the Smithsonian Institution is authorized to carry out the requirements of such Act on behalf of the Board, on a reimbursable basis when requested by the Board.

(f) Property and personnel compensation

(1) In general

The Board may procure insurance against any loss in connection with the property of the Board and other assets administered by the Board. Each employee and volunteer of the Board shall be considered to be a civil employee of the United States (within the meaning of the term “employee” as defined in section 8101(1) of title 5), except that the Board shall continue to provide benefits with respect to any disability or death resulting from a personal injury to a nonappropriated fund employee of the Board sustained while in the performance of the duties of the employee for the Board pursuant to the workers compensation statute of the jurisdiction in which the John F. Kennedy Center for the Performing Arts is located. The disability or death benefits referred to in the preceding sentence, whether under the workers compensation statute referred to in the preceding sentence or under chapter 81 of title 5, shall continue to be the exclusive liability of the Board and the United States with respect to all employees and volunteers of the Board.

(2) Federal tort claims

For the purposes of chapter 171 of title 28, an employee of the Board shall be considered to be an “employee of the government” and the Board shall be considered to be a “Federal agency”. No employee of the Board may bring suit against the United States or the Board under the Federal tort claims procedure of chapter 171 of title 28 for disability or death resulting from personal injury sustained while in the performance of the duties of the employee for the Board.

(Pub. L. 85–874, §6, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88–100, §3, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, §1(4), (5), Jan. 23, 1964, 78 Stat. 4; Pub. L. 92–313, §10, June 16, 1972, 86 Stat. 222; Pub. L. 93–67, July 10, 1973, 87 Stat. 161; Pub. L. 94–119, §§1, 2, Oct. 21, 1975, 89 Stat. 608; Pub. L. 94–578, title III, §314, Oct. 21, 1976, 90 Stat. 2737; Pub. L. 95–50, §2, June 20, 1977, 91 Stat. 232; Pub. L. 95–305, June 29, 1978, 92 Stat. 348; Pub. L. 96–587, §1, Dec. 23, 1980, 94 Stat. 3387; Pub. L. 97–73, Nov. 3, 1981, 95 Stat. 1064; Pub. L. 97–202, June 24, 1982, 96 Stat. 128; Pub. L. 101–449, §§1–3, Oct. 22, 1990, 104 Stat. 1050; Pub. L. 102–500, §1, Oct. 24, 1992, 106 Stat. 3267; Pub. L. 103–279, §5, July 21, 1994, 108 Stat. 1414.)

References in Text

The Inspector General Act of 1978, referred to in subsec. (e), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments

1994—Subsec. (c). Pub. L. 103–279, §5(1), substituted “the operations of the Board” for “its operations”.

Subsecs. (d) to (f). Pub. L. 103–279, §5(2), added subsecs. (d) to (f) and struck out former subsec. (e) which related to maintenance, repair, alteration, security, information, and other services and former subsec. (f) which related to audits.

1992—Subsec. (e)(3). Pub. L. 102–500 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “There is authorized to be appropriated to the Secretary of the Interior to carry out this subsection—

“(A) for fiscal year 1991, not more than—

“(i) $6,750,000 for annual maintenance, repairs, alterations, and operating services; and

“(ii) $15,000,000 for deferred maintenance, repairs, and alterations; and

“(B) for fiscal year 1992, not more than—

“(i) $9,850,000 for annual maintenance, repairs, alterations, and operating services; and

“(ii) $15,512,000 for deferred maintenance, repairs, and alterations.”

1990—Subsec. (d). Pub. L. 101–449, §3, struck out subsec. (d) which read as follows: “The Board shall transmit to Congress a detailed report of any memorial which it proposes to provide within the John F. Kennedy Center for the Performing Arts under authority of paragraph (5) of section 76j of this title, and no such memorial shall be provided until the Board of Regents of the Smithsonian Institution shall have approved such memorial.”

Subsec. (e). Pub. L. 101–449, §1, amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “The Secretary of the Interior, acting through the National Park Service, shall provide maintenance, security, information, interpretation, janitorial and all other services necessary to the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts. There is authorized to be appropriated to carry out this subsection not to exceed $2,800,000 for the fiscal year ending June 30, 1976, $741,000 for the transition period ending September 30, 1976, $3,100,000 for the fiscal year ending September 30, 1977, and $4,000,000 for the fiscal year ending September 30, 1978. There is authorized to be appropriated to carry out this subsection not to exceed $4,200,000 for the fiscal year ending September 30, 1979. There is authorized to be appropriated to carry out this subsection not to exceed $4,287,000 for the fiscal year ending September 30, 1980, and not to exceed $4,400,000 for the fiscal year ending September 30, 1981, and not to exceed $4,544,000 for the fiscal year ending September 30, 1982, and not to exceed $4,247,000 for the fiscal year ending September 30, 1983.”

Subsec. (f). Pub. L. 101–449, §2, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “The General Accounting Office is authorized and directed to review and audit, regularly, the accounts of the Kennedy Center for the Performing Arts, for the purpose of determining the continuing ability of the Center to pay its share of future operating costs, and for the purpose of assuring that the cost-of-living formula fairly and accurately reflects the use of the building.”

1982—Subsec. (e). Pub. L. 97–202 inserted provisions authorizing an appropriation of not to exceed $4,247,000 for fiscal year ending Sept. 30, 1983.

1981—Subsec. (e). Pub. L. 97–73 inserted provision authorizing an appropriation of not to exceed $4,544,000 for fiscal year ending Sept. 30, 1982.

1980—Subsec. (e). Pub. L. 96–587 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1980, and Sept. 30, 1981.

1978—Subsec. (e). Pub. L. 95–305 inserted provisions authorizing appropriations for fiscal year ending Sept. 30, 1979.

1977—Subsec. (e). Pub. L. 95–50 substituted provisions authorizing an appropriation of $4,000,000 for fiscal year ending Sept. 30, 1978, for provisions authorizing appropriations of $4,000,000 for fiscal year ending Sept. 30, 1978, and not to exceed $4,300,000 for the fiscal year ending Sept. 30, 1979.

1976—Subsec. (e). Pub. L. 94–578 substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1978, and Sept. 30, 1979, for provisions covering fiscal years ending Sept. 30, 1976, Sept. 30, 1977, and transitional period ending Sept. 30, 1976.

1975—Subsec. (e). Pub. L. 94–119, §1, inserted provisions authorizing appropriations for fiscal year ending June 30, 1976, for the transitional period ending Sept. 30, 1976, and for fiscal year ending Sept. 30, 1977.

Subsec. (f). Pub. L. 94–119, §2, added subsec. (f).

1973—Subsec. (e). Pub. L. 93–67 substituted provisions authorizing appropriations not to exceed $2,400,000 for fiscal year ending June 30, 1974, and $2,500,000 for fiscal year ending June 30, 1975, for provision granting general authorization of appropriation for fiscal year ending June 30, 1973.

1972—Subsec. (e). Pub. L. 92–313 added subsec. (e).

1964—Subsec. (c). Pub. L. 88–260, §1(4), inserted “and to Congress” after “Smithsonian Institution”.

Subsec. (d). Pub. L. 88–260, §1(5), added subsec. (d).

1963—Subsec. (a). Pub. L. 88–100 substituted “twelve” for “eight” after “vacancies and”.

Award of Service Contracts

Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1782, provided: “That contracts hereafter awarded for environmental systems, housekeeping, protection systems, and repair or renovation of buildings of the John F. Kennedy Center for the Performing Arts may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price.”

§§76m, 76n. Repealed. Pub. L. 101–449, §3, Oct. 22, 1990, 104 Stat. 1050

Section 76m, Pub. L. 85–874, §7, Sept. 2, 1958, 72 Stat. 1700; Pub. L. 86–297, Sept. 21, 1959, 73 Stat. 573; Pub. L. 88–100, §4, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88–260, §1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095, related to termination of offices created and appointments made in connection with John F. Kennedy Center for the Performing Arts if moneys were not found to construct the Center within eight years after Sept. 2, 1958.

Section 76n, Pub. L. 85–874, §8, as added Pub. L. 88–260, §1(6), Jan. 23, 1964, 78 Stat. 4; amended Pub. L. 91–90, §1(a), Oct. 17, 1969, 83 Stat. 135; Pub. L. 92–313, §9, June 16, 1972, 86 Stat. 222; Pub. L. 95–50, §1, June 20, 1977, 91 Stat. 232, authorized appropriations for construction, repair, renovation, and reconstruction of John F. Kennedy Center for the Performing Arts.

§76o. Borrowing authority to finance parking facilities

(a) Revenue bonds

To finance necessary parking facilities for the Center, the Board may issue revenue bonds to the Secretary of the Treasury payable from revenues accruing to the Board. The total face value of all bonds so issued shall not be greater than $20,400,000. Such obligations shall have maturities agreed upon by the Board and the Secretary of the Treasury but not in excess of fifty years. Such obligations may be redeemable at the option of the Board before maturity in such manner as may be stipulated in such obligations, but the obligations thus redeemed shall not be refinanced by the Board. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Board to be issued under this section and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31 and the purposes for which securities may be issued under chapter 31 of title 31 are extended to include any purchases of the Board's obligations under this section.

(b) Interest

Effective as of October 12, 1984, the obligations of the Board incurred under subsection (a) of this section shall bear no interest, and the requirement of the Board to pay the unpaid interest which has accrued on such obligations is terminated.

(c) Kennedy Center Revenue Bond Sinking Fund

There is hereby established in the Treasury of the United States a sinking fund, the Kennedy Center Revenue Bond Sinking Fund (hereinafter referred to as the “Fund”), which shall be used to retire the obligations of the Board incurred under subsection (a) of this section upon the respective maturities of such obligations. The Board shall pay into the Fund, beginning on January 1, 1987 and ending on January 1, 2016, the annual sum of $200,000 in amortization of the principal amount of the obligations. Such sums shall be invested by the Secretary of the Treasury in public debt securities with maturities suitable for the needs of the Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities. The interest on such investments shall be credited to and form a part of the Fund. Moneys in the Fund shall be used exclusively to retire the obligations of the Board incurred under subsection (a) of this section. Adjustments of not greater than plus or minus 5 per centum may be made from time to time in the annual payments to the Fund in order to correct any gains or deficiencies as a result of fluctuations in interest rates over the life of the investments: Provided, however, That a final adjustment shall be made between the Board and the Secretary of the Treasury at the end of the amortization period to correct any overall gain or deficiency in the Fund. The terms of this adjustment shall be covered by a memorandum of understanding between the Board and the Secretary of the Treasury to be consummated on or before the time the initial payment into the Fund is made.

(Pub. L. 85–874, §9, as added Pub. L. 88–260, §1(6), Jan. 23, 1964, 78 Stat. 5; amended Pub. L. 91–90, §1(b), Oct. 17, 1969, 83 Stat. 135; Pub. L. 98–473, title I, §101(c), Oct. 12, 1984, 98 Stat. 1837, 1876; Pub. L. 101–449, §4, Oct. 22, 1990, 104 Stat. 1051.)

Amendments

1990—Subsec. (a). Pub. L. 101–449 substituted “chapter 31 of title 31” for “the Second Liberty Bond Act, as amended,” in two places.

1984—Pub. L. 98–473 designated existing provisions as subsec. (a), struck out provisions relating to interest on bonds, and added subsecs. (b) and (c).

1969—Pub. L. 91–90 substituted “$20,400,000” for “$15,400,000” in two places.

§76p. Acceptance and disposition of gifts to the United States contributed in honor or memory of the late President John F. Kennedy

The Secretary of the Treasury is authorized to accept on behalf of the United States any gift to the United States which the Secretary finds has been contributed in honor of or in memory of the late President John F. Kennedy and to pay the money to such appropriation or other accounts, including the appropriation accounts established pursuant to appropriations authorized by this subchapter, as in the judgment of the Secretary will best effectuate the intent of the donor.

(Pub. L. 85–874, §10, as added Pub. L. 88–260, §1(6), Jan. 23, 1964, 78 Stat. 5; amended Pub. L. 103–279, §6, July 21, 1994, 108 Stat. 1415.)

Amendments

1994—Pub. L. 103–279 substituted “which the Secretary finds” for “which he finds” and “the judgment of the Secretary” for “his judgment”.

§76q. Sole national memorial to the late John F. Kennedy within the city of Washington and environs

The John F. Kennedy Center for the Performing Arts, designated by this subchapter, shall be the sole national memorial to the late John Fitzgerald Kennedy within the city of Washington and its environs.

(Pub. L. 85–874, §11, as added Pub. L. 88–260, §1(6), Jan. 23, 1964, 78 Stat. 5.)

§76r. Authorization of appropriations

(a) Maintenance, repair, and security

There are authorized to be appropriated to the Board to carry out section 76j(a)(1)(H) of this title $12,000,000 for each of fiscal years 1995 through 1999.

(b) Capital projects

There are authorized to be appropriated to the Board to carry out subparagraphs (F) and (G) of section 76j(a)(1) of this title $9,000,000 for each of fiscal years 1995 through 1999.

(c) Limitation on use of funds

No funds appropriated pursuant to this section may be used for any direct expense incurred in the production of a performing arts attraction, for personnel who are involved in performing arts administration (including any supply or equipment used by the personnel), or for production, staging, public relations, marketing, fundraising, ticket sales, or education. Funds appropriated directly to the Board shall not affect nor diminish other Federal funds sought for any performing arts function and may be used to reimburse the Board for that portion of costs that are Federal costs reasonably allocated to building services and theater maintenance and repair.

(Pub. L. 85–874, §12, as added Pub. L. 103–279, §7, July 21, 1994, 108 Stat. 1415.)

Section Referred to in Other Sections

This section is referred to in section 76l of this title.

§76s. Definitions

As used in this subchapter, the terms “building and site of the John F. Kennedy Center for the Performing Arts” and “grounds of the John F. Kennedy Center for the Performing Arts” refer to the site in the District of Columbia on which the John F. Kennedy Center building is constructed and that extends to the line of the west face of the west retaining walls and curbs of the Inner Loop Freeway on the east, the north face of the north retaining walls and curbs of the Theodore Roosevelt Bridge approaches on the south, the east face of the east retaining walls and curbs of Rock Creek Parkway on the west, and the south curbs of New Hampshire Avenue and F Street on the north, as generally depicted on the map entitled “Transfer of John F. Kennedy Center for the Performing Arts”, numbered 844/82563, and dated April 20, 1994, which shall be on file and available for public inspection in the office of the National Capital Region, National Park Service, Department of the Interior.

(Pub. L. 85–874, §13, as added Pub. L. 103–279, §8, July 21, 1994, 108 Stat. 1416.)

SUBCHAPTER VI—JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

§76aa. Site for museum and sculpture garden

(a) Appropriation and availability

The area bounded by Seventh Street, Independence Avenue, Ninth Street, and Jefferson Drive, in the District of Columbia, is hereby appropriated to the Smithsonian Institution as the permanent site of a museum and the area bounded by Seventh Street, Jefferson Drive, Ninth Street, and Madison Drive, in the District of Columbia is hereby made available to the Smithsonian Institution as the permanent site of a sculpture garden, both areas to be used for the exhibition of works of art.

(b) Powers and duties of Board of Regents

The Board of Regents of the Smithsonian Institution is authorized to remove any existing structure, to prepare architectural and engineering designs, plans, and specifications, and to construct a suitable museum within said area lying south of Jefferson Drive and to provide a sculpture garden for the use of the Smithsonian Institution within the areas designated in subsection (a) of this section.

(Pub. L. 89–788, §1, Nov. 7, 1966, 80 Stat. 1403.)

§76bb. Joseph H. Hirshhorn Museum and Sculpture Garden

(a) Designation; administration by Board of Regents; cooperation of Board with Secretary of the Interior

The museum and sculpture garden provided for by this subchapter shall be designated and known in perpetuity as the Joseph H. Hirshhorn Museum and Sculpture Garden, and shall be a free public museum and sculpture garden under the administration of the Board of Regents of the Smithsonian Institution. In administering the sculpture garden the Board shall cooperate with the Secretary of 1 Interior so that the development and use of the Garden is consistent with the open-space concept of the Mall, for which the Secretary of 1 Interior is responsible, and with related development regarding underground garages and street development.

(b) Federal funds

The faith of the United States is pledged that the United States shall provide such funds as may be necessary for the upkeep, operation, and administration of the Joseph H. Hirshhorn Museum and Sculpture Garden.

(c) Uses

The Joseph H. Hirshhorn Museum and Sculpture Garden shall be the permanent home of the collections of art of Joseph H. Hirshhorn and the Joseph H. Hirshhorn Foundation, and shall be used for the storage, exhibition, and study of works of art, and for the administration of the affairs of the Joseph H. Hirshhorn Museum and Sculpture Garden.

(Pub. L. 89–788, §2, Nov. 7, 1966, 80 Stat. 1403.)

1 So in original. Probably should be followed by “the”.

§76cc. Board of Trustees

(a) Establishment; powers and duties

There is established in the Smithsonian Institution a Board of Trustees to be known as the Trustees of the Joseph H. Hirshhorn Museum and Sculpture Garden, which shall provide advice and assistance to the Board of Regents of the Smithsonian Institution on all matters relating to the administration, operation, maintenance, and preservation of the Joseph H. Hirshhorn Museum and Sculpture Garden; and which shall have the sole authority (i) to purchase or otherwise acquire (whether by gift, exchange, or other means) works of art for the Joseph H. Hirshhorn Museum and Sculpture Garden, (ii) to loan, exchange, sell, or otherwise dispose of said works of art, and (iii) to determine policy as to the method of display of the works of art contained in said museum and sculpture garden.

(b) Membership; appointment; terms of office; vacancies

The Board of Trustees shall be composed of the Chief Justice of the United States and the Secretary of the Smithsonian Institution, who shall serve as ex officio members, and eight general members to be appointed as follows: Four of the general members first taking office shall be appointed by the President of the United States from among nominations submitted by Joseph H. Hirshhorn and four shall be appointed by the President from among nominations submitted by the Board of Regents of the Smithsonian Institution. The general members so appointed by the President shall have terms expiring one each on July 1, 1968, 1969, 1970, 1971, 1972, 1973, 1974, and 1975, as designated by the President. Successor general members (who may be elected from among members whose terms have expired) shall serve for a term of six years, except that a successor chosen to fill a vacancy occurring prior to the expiration of the term of office of his predecessor shall be chosen only for the remainder of such term. Vacancies occurring among general members of the Board of Trustees of the Joseph H. Hirshhorn Museum and Sculpture Garden shall be filled by a vote of not less than four-fifths of the then acting members of the Board of Trustees.

(Pub. L. 89–788, §3, Nov. 7, 1966, 80 Stat. 1404.)

§76dd. Director, administrator, curators, and other personnel; appointment, compensation, and duties

The Board of Regents of the Smithsonian Institution may appoint and fix the compensation and duties of a director and, subject to his supervision, an administrator and two curators of the Joseph H. Hirshhorn Museum and Sculpture Garden, none of whose appointment, compensation, or duties shall be subject to the civil service laws or chapter 51 and subchapter III of chapter 53 of title 5. The Board of Regents may employ such other officers and employees as may be necessary for the efficient administration, operation, and maintenance of the Joseph H. Hirshhorn Museum and Sculpture Garden.

(Pub. L. 89–788, §4, Nov. 7, 1966, 80 Stat. 1404.)

References in Text

The civil service laws, referred to in text, are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

Codification

“Chapter 51 and subchapter III of chapter 53 of title 5” substituted in text for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

§76ee. Authorization of appropriations

There is authorized to be appropriated not to exceed $15,000,000 for the planning and construction of the Joseph H. Hirshhorn Museum and Sculpture Garden, and such additional sums as may be necessary for the maintenance and operation of such museum and sculpture garden.

(Pub. L. 89–788, §5, Nov. 7, 1966, 80 Stat. 1404.)

SUBCHAPTER VII—NATIONAL AIR AND SPACE MUSEUM

Subchapter Referred to in Other Sections

This subchapter is referred to in section 80a of this title.

§77. National Air and Space Museum

(a) Establishment; board; administration; reimbursement of expenses

There is hereby established under the Smithsonian Institution a bureau to be known as a National Air and Space Museum, which shall be administered by the Smithsonian Institution with the advice of a board to be composed of the Chief of Staff of the Air Force, or his designee, the Chief of Naval Operations, or his designee, the Chief of Staff of the Army, or his designee, the Commandant of the Marine Corps, or his designee, the Commandant of the Coast Guard, or his designee, the Administrator of the National Aeronautics and Space Administration, or his designee, the Administrator of the Federal Aviation Administration, or his designee, the Secretary of the Smithsonian Institution, and three citizens of the United States appointed by the President from civilian life who shall serve at the pleasure of the President. The members of the board shall serve as such members without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the board.

(b) Appointment and compensation of head of museum

The Secretary of the Smithsonian Institution, with the advice of the board, may appoint and fix the compensation and duties of the head of a national air and space museum whose appointment shall not be subject to the civil service laws.

(Aug. 12, 1946, ch. 955, §1, 60 Stat. 997; July 26, 1947, ch. 343, title II, §208(b), 61 Stat. 503; July 19, 1966, Pub. L. 89–509, pt. I, §§2, 3, 80 Stat. 310; Oct. 15, 1966, Pub. L. 89–670, §§3(e), 6(c)(1), 80 Stat. 932, 938.)

References in Text

The civil service laws, referred to in subsec. (b), are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.

Amendments

1966—Subsec. (a). Pub. L. 89–509, §2, changed the name of the museum from the National Air Museum to the National Air and Space Museum, expanded the advisory board to include additional members including the Chief of Staff of the Army, the Commandant of the Marine Corps, the Commandant of the Coast Guard, the Administrator of the National Aeronautics and Space Administration, the Administrator of the Federal Aviation Agency, and an additional member appointed from civilian life to serve at the pleasure of the President, and provided for reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Board.

Subsec. (b). Pub. L. 89–509, §3, substituted “national air and space museum” for “national air museum” and struck out provision that the salary of the head of the museum shall not be subject to the Classification Act of 1923, as amended.

Short Title of 1966 Amendment

Section 1 of Pub. L. 89–509 provided: “That this Act [amending this section, sections 77a, 77c, and 77d of this title, and provisions set out as notes under this section and sections 77b and 77d of this title, and repealing section 77b of this title] may be cited as ‘the National Air Museum Amendments Act of 1965’.”

Transfer of Functions

“Chief of Staff of the Air Force” substituted in subsec. (a) for “Commanding General of the Army Air Forces” pursuant to act July 26, 1947, ch. 343, title II, §208(b), 61 Stat. 503, which transferred functions of Commanding General of the Army Air Forces to Chief of Staff, United States Air Force. Section 208(b) of act July 26, 1947 was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. See sections 8031 and 8034 of Title 10, Armed Forces.

“Federal Aviation Administration” substituted in subsec. (a) for “Federal Aviation Agency” pursuant to Pub. L. 89–670, §§3(e), 6(c)(1), Oct. 15, 1966, 80 Stat. 932, 938, which transferred all functions, powers, and duties of Federal Aviation Agency and of Administrator and other offices and officers thereof to Secretary of Transportation and established a Federal Aviation Administration in Department of Transportation. See section 106 of Title 49, Transportation.

Appropriations

Section 6 of act Aug. 12, 1946, as amended by section 10 of Pub. L. 89–509, provided that: “There is hereby authorized to be appropriated the sum of $50,000 for the purposes of this Act [this subchapter] and there are hereby authorized to be appropriated annually hereafter such sums as may be necessary to maintain and administer said national air and space museum including salaries and all other necessary expenses.”

Extension at Washington Dulles International Airport

Pub. L. 103–57, Aug. 2, 1993, 107 Stat. 279, provided that:

“SECTION 1. PLAN FOR NATIONAL AIR AND SPACE MUSEUM EXTENSION.

“The Board of Regents of the Smithsonian Institution shall have authority to plan and design an extension of the National Air and Space Museum at Washington Dulles International Airport.

“SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

“There is authorized to be appropriated for fiscal years beginning after September 30, 1993, a total of $8,000,000 to carry out this Act.”

Ratification of Compensation Paid Head of Museum

Section 11 of Pub. L. 89–509 provided that: “Payments of compensation heretofore made to the head of the National Air Museum at rates fixed by the Secretary of the Smithsonian Institution without regard to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees] are hereby ratified and affirmed.”

Cross References

National Armed Forces Museum Advisory Board establishment provisions as not rescinding National Air Museum provisions, see section 80a of this title.

§77a. Functions of museum

The national air and space museum shall memorialize the national development of aviation and space flight; collect, preserve, and display aeronautical and space flight equipment of historical interest and significance; serve as a repository for scientific equipment and data pertaining to the development of aviation and space flight; and provide educational material for the historical study of aviation and space flight.

(Aug. 12, 1946, ch. 955, §2, 60 Stat. 998; July 19, 1966, Pub. L. 89–509, pt. I, §4, 80 Stat. 310.)

Amendments

1966—Pub. L. 89–509 substituted “national air and space museum” for “national air museum”, inserted “and space flight” after “aviation” wherever appearing, and substituted “aeronautical and space flight equipment” for “aeronautical equipment”.

§77b. Repealed. Pub. L. 89–509, pt. I, §5, July 19, 1966, 80 Stat. 310

Section, act Aug. 12, 1946, ch. 955, §3, 60 Stat. 998, directed Secretary of Smithsonian Institution to investigate and survey suitable lands and buildings for selection as a site for national air museum and to make recommendations to Congress.

Construction Plans; Location; Design; Supervision of Drawings and Specifications; Construction; Authorization and Transfer of Appropriations

Pub. L. 85–935, Sept. 6, 1958, 72 Stat. 1794, as amended by Pub. L. 89–509, §§12, 13, July 19, 1966, 80 Stat. 311, 312, authorized and directed Regents of Smithsonian Institution to prepare plans and to construct a building for a National Air and Space Museum at a certain site with exact location to be approved by National Capital Planning Commission and design to be approved by Commission of Fine Arts and with supervision of work to be by Administrator of General Services Administration and also appropriated such sums as were necessary to carry out the work.

§77c. Museum board

(a) Seal; regulations; vacancies

The board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations as it deems necessary for the administration of its functions. The board may function notwithstanding vacancies and six members of the board shall constitute a quorum for the transaction of business.

(b) Annual report

The Smithsonian Institution shall include in its annual report of its operations to Congress a statement of the operations of said national air and space museum, including all public and private moneys received and disbursed.

(Aug. 12, 1946, ch. 955, §4, 60 Stat. 998; July 19, 1966, Pub. L. 89–509, pt. I, §§6, 7, 80 Stat. 310, 311.)

Amendments

1966—Subsec. (a). Pub. L. 89–509, §6, raised from three to six the number of board members required to constitute a quorum.

Subsec. (b). Pub. L. 89–509, §7, substituted “national air and space museum” for “national air museum”.

§77d. Transfer or loan of aeronautical or space flight equipment to museum

The heads of executive departments and independent agencies of the Government are authorized to transfer or loan to said national air and space museum without charge therefor, aircraft, spacecraft, aircraft and spacecraft parts, instruments, engines, or other aeronautical and space flight equipment or records for exhibition, historical, or educational purposes.

(Aug. 12, 1946, ch. 955, §5(a), 60 Stat. 998; July 19, 1966, Pub. L. 89–509, pt. I, §8, 80 Stat. 311.)

Codification

Section consists of subsec. (a) of section 5 of act Aug. 12, 1946. Subsec. (b) of said section is set out as a note below.

Amendments

1966—Pub. L. 89–509 inserted “and independent agencies” after “departments”, “and space” after “national air”, “spacecraft,” after “aircraft,”, “and spacecraft” after “aircraft” in phrase “aircraft parts”, and “and space flight” after “aeronautical”.

Acceptance of Statue of General Mitchell

Section 5(b) of act Aug. 12, 1946, as amended by section 9 of Pub. L. 89–509, provided that: “The Secretary of the Smithsonian Institution, with the advice of the Commission of Fine Arts, is authorized (1) to accept as a gift to the Smithsonian Institution from George H. Stephenson, of Philadelphia, Pennsylvania, a statue of Brigadier General William L. Mitchell of such character as may be deemed appropriate, and (2) without expense to the United States, to cause such statue to be erected at a suitable location on the grounds of the national air and space museum.”

SUBCHAPTER VIII—PALEONTOLOGICAL INVESTIGATIONS

§78. Cooperation of Smithsonian Institution with State institutions for continuing paleontological investigations

The Secretary of the Smithsonian Institution is authorized to cooperate with any State, educational institution, or scientific organization in the United States for continuing paleontological investigations, and the excavation and preservation of fossil remains, in areas which will be flooded by the construction of Government dams or otherwise be made unavailable for such investigations because of such construction: Provided, That such investigations and activities shall not duplicate nor affect adversely similar operations being conducted by the Department of Interior in cooperation with the Smithsonian Institution.

(Aug. 15, 1949, ch. 427, §1, 63 Stat. 606.)

§78a. Authorization of appropriations; availability of funds; limit on use of funds during fiscal year; supervision; rules and regulations

There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $65,000, which shall be available until expended for the above purposes: Provided, That at such time as the Smithsonian Institution is satisfied that any State agency, or any educational institution or scientific organization in any of the United States, is prepared to contribute to such investigation and when in its judgment such investigation shall appear meritorious, the Secretary of the Smithsonian Institution may make available for such investigation such amounts from this sum as shall be equal to the amounts contributed respectively by each such State agency, or educational institution or scientific organization: Provided further, That the amount to be made available from this sum for such investigation in cooperation with each such State agency, or educational institution or scientific organization, shall not exceed $10,000 in any fiscal year: Provided further, That all such cooperative work and division of the result thereof shall be under the direction of the Secretary of the Smithsonian Institution: Provided further, That where lands are involved which are controlled by the Government of the United States, cooperative work thereon shall be under the provisions of the Act of June 8, 1906 (16 U.S.C. 432, 433), and rules and regulations pertaining thereto.

(Aug. 15, 1949, ch. 427, §2, 63 Stat. 606.)

SUBCHAPTER IX—CANAL ZONE BIOLOGICAL AREA

§79. Barro Colorado Island in Gatun Lake to be set aside

The President is authorized and directed to set aside within the Canal Zone an area in Gatun Lake known as Barro Colorado Island in which the natural features shall, except in event of declared national emergency, be left in their natural state for scientific observation and investigation.

(July 2, 1940, ch. 516, §1, 54 Stat. 724.)

References in Text

For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

Codification

Section was formerly classified to section 1381 of Title 48, Territories and Insular Possessions.

Termination of War and Emergencies

Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

§79a. Preservation of natural features for scientific observation and investigation

The purpose of setting aside such an area is to preserve and conserve its natural features, including existing flora and fauna, in as nearly a natural condition as possible, thus providing a place where duly qualified students can make observations and scientific investigations for increase of knowledge, under such conditions and regulations as may be prescribed by the Smithsonian Institution.

(July 2, 1940, ch. 516, §2, 54 Stat. 724; 1946 Reorg. Plan No. 3, §801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

Codification

Section was formerly classified to section 1382 of Title 48, Territories and Insular Possessions.

Transfer of Functions

“Smithsonian Institution” substituted in text for “Board of Directors of the Canal Zone Biological Area” by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees.

§79b. Functions of Smithsonian Institution

The Smithsonian Institution shall (a) determine the policy, prescribe conditions under which studies may be pursued within the area, and promulgate regulations for carrying out the purposes of this subchapter; (b) be responsible for the construction and maintenance of laboratory and other facilities on the area provided for the use of students authorized to carry on studies within the confines of the area; (c) deposit into the Treasury of the United States sums donated or subscribed or collected to be expended for carrying out the purposes of this subchapter; (d) in its discretion, fixed 1 charges that may be made for use of laboratory or other facilities provided students authorized to make observations and investigations within the prescribed area and provide for the collection of such sums for deposit into the Treasury of the United States; (e) make such disposal of any moneys donated, subscribed, collected, or otherwise provided as in its judgment is to the best interest in carrying out the purpose of this subchapter: Provided, That sums contributed or appropriated for specific purposes shall be used for such purpose only; and (f) include in its annual report of its operations to Congress a statement of activities and operations during the preceding year.

(July 2, 1940, ch. 516, §4, 54 Stat. 724; 1946 Reorg. Plan No. 3, §801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101; Oct. 20, 1965, Pub. L. 89–280, §2, 79 Stat. 1012.)

Codification

Section was formerly classified to section 1384 of Title 48, Territories and Insular Possessions.

Amendments

1965—Pub. L. 89–280 substituted provisions in cl. (f) requiring the Smithsonian Institution to include in its annual report of its operations to Congress a statement of activities and operations during the preceding year for provisions which required the Smithsonian Institution to submit to the Congress of the United States not later than the 15th day of each January a report of activities and operations during the preceding year.

Transfer of Functions

“Smithsonian Institution” substituted in text for “Board of Directors of the Canal Zone Biological Area” and former clause (a) which provided for annual meetings of Board was superseded by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees.

1 So in original. Probably should be “fix”.

§79c. Resident manager; powers and duties; compensation

The Smithsonian Institution may select and designate a resident manager to assist in carrying out the policy, conditions, and regulations approved by it in compliance with the purposes of this subchapter. The resident manager shall receive such compensation for his services as may be allowed by the Smithsonian Institution.

(July 2, 1940, ch. 516, §5, 54 Stat. 725; 1946 Reorg. Plan No. 3, §801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

Codification

Section was formerly classified to section 1385 of Title 48, Territories and Insular Possessions.

Transfer of Functions

References to the “Board of Directors of the Canal Zone Biological Area” and its “executive officer” changed to “Smithsonian Institution” and provisions for the appointment and compensation of said executive officer were superseded by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees.

§79d. Deposit of receipts into Treasury; disbursements

All moneys received by donation, subscription, fees, or otherwise, except the moneys appropriated pursuant to section 79e of this title, for carrying out the purposes of this subchapter shall be deposited into the Treasury as trust funds and are appropriated for such purposes. Disbursements of such funds shall be made by the Secretary of the Treasury through the Fiscal Service on requisitions or vouchers signed by or on authority of the Smithsonian Institution.

(July 2, 1940, ch. 516, §6, 54 Stat. 725; 1940 Reorg. Plan No. III, §1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; 1946 Reorg. Plan No. 3, §801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

Codification

Section was formerly classified to section 1386 of Title 48, Territories and Insular Possessions.

Transfer of Functions

Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees.

“Smithsonian Institution” substituted in text for “executive officer of the Board of Directors of the Canal Zone Biological Area” by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5.

“Fiscal Service” substituted in text for “Division of Disbursement” on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, which consolidated such division into Fiscal Service of Department of the Treasury. See section 306 of Title 31, Money and Finance.

§79e. Authorization of appropriations

There are authorized to be appropriated annually, from money in the Treasury of the United States not otherwise appropriated, such sums as are necessary for the administration of this subchapter and for the maintenance of laboratory or other facilities provided for carrying out the purposes of this subchapter.

(July 2, 1940, ch. 516, §7, 54 Stat. 725; Oct. 20, 1965, Pub. L. 89–280, §1, 79 Stat. 1012; Oct. 19, 1979, Pub. L. 96–89, §1, 93 Stat. 697; July 22, 1983, Pub. L. 98–57, §1, 97 Stat. 293.)

Codification

Section was formerly classified to section 1387 of Title 48, Territories and Insular Possessions.

Amendments

1983—Pub. L. 98–57 struck out “, not to exceed $750,000” after “such sums”.

1979—Pub. L. 96–89 substituted “$750,000” for “$350,000”.

1965—Pub. L. 89–280 substituted “$350,000” for “$10,000”.

Effective Date of 1983 Amendment

Section 2 of Pub. L. 98–57 provided that: “The provision in the first section of this Act [amending this section] shall take effect on October 1, 1983.”

Effective Date of 1979 Amendment

Section 2 of Pub. L. 96–89 provided that: “The provision in section 1 of this Act [amending this section] shall take effect on October 1, 1979.”

Section Referred to in Other Sections

This section is referred to in section 79d of this title.

SUBCHAPTER X—NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

§80. National Armed Forces Museum Advisory Board

(a) Establishment; functions

There is established in the Smithsonian Institution a National Armed Forces Museum Advisory Board (hereinafter referred to as the Board), which shall provide advice and assistance to the Regents of the Smithsonian Institution on matters concerned with the portrayal of the contributions which the Armed Forces of the United States have made to American society and culture.

(b) Membership

The Board shall be composed of eleven members, as follows:

(1) The Secretary of Defense, who shall serve as an ex officio member;

(2) The Secretary of the Smithsonian Institution, who shall serve as an ex officio member;

(3) Nine members appointed by the President, (A) three of whom shall be appointed from persons recommended by the Secretary of Defense to represent the Armed Forces, and (B) two of whom shall be appointed from among persons recommended by the Regents of the Smithsonian Institution. Not less than two members appointed by the President shall be from civilian life.

(c) Term of office; vacancies

Members of the Board appointed by the President shall be appointed to serve for a period of six years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term and the terms of office of the members first appointed shall expire, as designated by the President at the time of appointment, three at the end of two years, three at the end of four years, and three at the end of six years.

(d) Quorum

Five members of the Board shall constitute a quorum and any vacancy in the Board shall not affect its power to function.

(e) Compensation, travel and other expenses

The members of the Board shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Board.

(f) Biennial organization; rules and regulations

The Board shall select officers from among its members biennially and shall make such bylaws, rules, and regulations as it deems necessary for the furtherance of its business.

(Pub. L. 87–186, §1, Aug. 30, 1961, 75 Stat. 414.)

§80a. Display of contributions of Armed Forces

(a) Study center; historical collections

The Smithsonian Institution shall commemorate and display the contributions made by the military forces of the Nation toward creating, developing, and maintaining a free, peaceful, and independent society and culture in the United States of America. The valor and sacrificial service of the men and women of the Armed Forces shall be portrayed as an inspiration to the present and future generations of America. The demands placed upon the full energies of our people, the hardships endured, and the sacrifice demanded in our constant search for world peace shall be clearly demonstrated. The extensive peacetime contributions the Armed Forces have made to the advance of human knowledge in science, nuclear energy, polar and space exploration, electronics, engineering, aeronautics, and medicine shall be graphically described. The Smithsonian Institution shall interpret through dramatic display significant current problems affecting the Nation's security. It shall be equipped with a study center for scholarly research into the meaning of war, its effect on civilization, and the role of the Armed Forces in maintaining a just and lasting peace by providing a powerful deterrent to war. In fulfilling its purposes, the Smithsonian Institution shall collect, preserve, and exhibit military objects of historical interest and significance.

(b) National Air and Space Museum provisions unaffected

The provisions of this subchapter in no way rescind subchapter VII of this chapter, which established the National Air and Space Museum of the Smithsonian Institution, or any other authority of the Smithsonian Institution.

(Pub. L. 87–186, §2, Aug. 30, 1961, 75 Stat. 414; Pub. L. 89–509, pt. I, §2, July 19, 1966, 80 Stat. 310.)

Change of Name

“National Air and Space Museum” substituted for “National Air Museum” in subsec. (b) pursuant to section 2 of Pub. L. 89–509, which is classified to section 77 of this title.

§80b. Selection of site

(a) Authorization of Board of Regents; submission of recommendations to Congress

The Board of Regents of the Smithsonian Institution is authorized and directed, with the advice and assistance of the Board, to investigate and survey lands and buildings in and near the District of Columbia suitable for the display of military collections. The Board of Regents of the Smithsonian Institution shall, after consulting with and seeking the advice of the Commission on Fine Arts, the National Capital Planning Commission, and the General Services Administration, submit recommendations to the Congress with respect to the acquisition of lands and buildings for such purpose.

(b) Public exhibits and study collections; exhibits of military and naval operations

Buildings acquired pursuant to recommendations made under subsection (a) of this section shall be used to house public exhibits and study collections that are not appropriate for the military exhibits of the Smithsonian Institution on the Mall in the District of Columbia. Facilities shall be provided for the display of large military objects and for the reconstruction, in an appropriate way, on lands acquired pursuant to recommendations made under subsection (a) of this section, of exhibits showing the nature of fortifications, trenches, and other military and naval facilities characteristic of the American colonial period, the War of the Revolution, and subsequent American military and naval operations.

(Pub. L. 87–186, §3, Aug. 30, 1961, 75 Stat. 415.)

§80c. Transfer or loan of objects, equipment and records to Smithsonian Institution

The heads of executive departments and independent agencies of the Government are authorized to transfer or loan to the Smithsonian Institution for its use without charge therefor military, naval, aeronautical, and space objects, equipment and records for exhibition, historical, or other appropriate purposes.

(Pub. L. 87–186, §4, Aug. 30, 1961, 75 Stat. 415.)

§80d. Authorization of appropriations

There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary for the purposes of this subchapter.

(Pub. L. 87–186, §5, Aug. 30, 1961, 75 Stat. 415.)

SUBCHAPTER XI—WOODROW WILSON

INTERNATIONAL CENTER FOR

SCHOLARS

§80e. Congressional declaration of policy

The Congress hereby finds and declares—

(1) that a living institution expressing the ideals and concerns of Woodrow Wilson would be an appropriate memorial to his accomplishments as the twenty-eighth President of the United States, a distinguished scholar, an outstanding university president, and a brilliant advocate of international understanding;

(2) that the Woodrow Wilson Memorial Commission, created by joint resolution of Congress, recommended that an International Center for Scholars be constructed in the District of Columbia in the area north of the proposed Market Square as part of the Nation's memorial to Woodrow Wilson;

(3) that such a center, symbolizing and strengthening the fruitful relation between the world of learning and the world of public affairs, would be a suitable memorial to the spirit of Woodrow Wilson; and

(4) that the establishment of such a center would be consonant with the purposes of the Smithsonian Institution, created by Congress in 1846 “for the increase and diffusion of knowledge among men.”

(Pub. L. 90–637, §2, Oct. 24, 1968, 82 Stat. 1357.)

Short Title

Section 1 of Pub. L. 90–637 provided: “That this Act [enacting this subchapter] may be cited as the ‘Woodrow Wilson Memorial Act of 1968’.”

§80f. Woodrow Wilson International Center for Scholars; Board of Trustees of the Center

(a) Establishment

There is hereby established in the Smithsonian Institution a Woodrow Wilson International Center for Scholars and a Board of Trustees of the Center (hereinafter referred to as the “Center” and the “Board”), whose duties it shall be to maintain and administer the Center and site thereof and to execute such other functions as are vested in the Board by this subchapter.

(b) Composition of Board

The Board of Trustees shall be composed of 19 members as follows:

(1) the Secretary of State;

(2) the Secretary of Health and Human Services;

(3) the Secretary of Education;

(4) the Chairman of the National Endowment for the Humanities;

(5) the Secretary of the Smithsonian Institution;

(6) the Librarian of Congress;

(7) the Director of the United States Information Agency;

(8) the Archivist of the United States;

(9) one member appointed by the President from time to time from within the Federal Government; and

(10) 10 members appointed by the President from private life.

(c) Appointment of alternate members by members of Board

Each member of the Board of Trustees specified in paragraphs (1) through (9) of subsection (b) of this section may designate another official to serve on the Board of Trustees in his stead.

(d) Terms of office; vacancies; reappointment

Each member of the Board of Trustees appointed under paragraph (10) of subsection (b) of this section shall serve for a term of six years from the expiration of his predecessor's term; except that (1) any trustee appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the trustees first taking office shall begin on October 24, 1968, and shall expire as designated at the time of appointment, two at the end of two years, three at the end of four years, and three at the end of six years. No trustee of the Board chosen from private life shall be eligible to serve in excess of two consecutive terms, except that a trustee whose term has expired may serve until his successor has qualified.

(e) Chairman and Vice Chairman of Board

The President shall designate a Chairman and a Vice Chairman from among the members of the Board chosen from private life.

(Pub. L. 90–637, §3, Oct. 24, 1968, 82 Stat. 1357; Pub. L. 95–426, title II, §206, Oct. 7, 1978, 92 Stat. 975; Pub. L. 101–268, Apr. 9, 1990, 104 Stat. 132.)

Amendments

1990—Subsec. (b). Pub. L. 101–268, §1, amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “The Board of Trustees shall be composed of sixteen members as follows:

“(1) the Secretary of State;

“(2) the Director of the United States Information Agency;

“(3) the Secretary of Health and Human Services;

“(4) the Chairman of the National Endowment for the Humanities;

“(5) the Secretary of the Smithsonian Institution;

“(6) the Librarian of Congress;

“(7) the Archivist of the United States;

“(8) one appointed by the President from time to time from within the Federal Government; and

“(9) eight appointed by the President from private life.”

Subsec. (c). Pub. L. 101–268, §2(1), substituted “(9)” for “(8)”.

Subsec. (d). Pub. L. 101–268, §2(2), substituted “(10)” for “(9)”.

1978—Subsec. (b). Pub. L. 95–426, §206(a)(1), substituted “sixteen” for “fifteen”.

Subsec. (b)(2) to (9). Pub. L. 95–426, §206(a)(2), (3), designated pars. (2) to (8) as (3) to (9), respectively, and added a new par. (2) “the Director of the International Communication Agency”.

Subsec. (c). Pub. L. 95–426, §206(b)(1), substituted “(8)” for “(7)”.

Subsec. (d). Pub. L. 95–426, §206(b)(2), substituted “(9)” for “(8)”.

§80g. Powers and duties of Board

(a) Appointment of scholars; gifts, bequests, etc.; grants; location of Center; physical facilities; compensation of officers; plans and specifications for Center

In administering the Center, the Board shall have all necessary and proper powers, which shall include but not be limited to the power to—

(1) appoint scholars, from the United States and abroad, and, where appropriate, provide stipends, grants, and fellowships to such scholars, and to hire or accept the voluntary services of consultants, advisory boards, and panels to aid the Board in carrying out its responsibilities;

(2) solicit, accept, and dispose of gifts, bequests, and devises of money, securities, and other property of whatsoever character for the benefit of the Center; any such money, securities, or other property shall, upon receipt, be deposited with the Smithsonian Institution, and unless otherwise restricted by the terms of the gift, expenditures shall be in the discretion of the Board for the purposes of the Center;

(3) obtain grants from, and make contracts with, State, Federal, local, and private agencies, organizations, institutions, and individuals;

(4) acquire such site as a location for the Center as may subsequently be authorized by the Congress;

(5) acquire, hold, maintain, use, operate, and dispose of any physical facilities, including equipment, necessary for the operation of the Center;

(6) appoint and fix the compensation and duties of the director and such other officers of the Center as may be necessary for the efficient administration of the Center; the director and two other officers of the Center may be appointed and compensated without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and

(7) prepare plans and specifications for the Center, including the design and development of all buildings, facilities, open spaces, and other structures on the site in consultation with the President's Temporary Commission on Pennsylvania Avenue, or its successor, and with other appropriate Federal and local agencies, such plans to include an exterior classic frieze memorial to Woodrow Wilson.

(b) Relocation assistance and programs

The Board shall, in connection with acquisition of any site authorized by Congress, as provided for in paragraph (4) of subsection (a) of this section, provide, to businesses and residents displaced from any such site, relocation assistance, including payments and other benefits, equivalent to that authorized to displace businesses and residents under the Housing Act of 1949, as amended [42 U.S.C. 1441 et seq.]. The Board shall develop a relocation program for existing businesses and residents within the site and submit such program to the government of the District of Columbia for a determination as to its adequacy and feasibility. In providing such relocation assistance and developing such relocation program the Board shall utilize to the maximum extent the services and facilities of the appropriate Federal and local agencies.

(Pub. L. 90–637, §4, Oct. 24, 1968, 82 Stat. 1358; Pub. L. 95–286, §2, May 26, 1978, 92 Stat. 279.)

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a)(6), are classified to section 3301 et seq. of Title 5, Government Organization and Employees.

The Housing Act of 1949, as amended, referred to in subsec. (b), is act July 15, 1949, ch. 338, 63 Stat. 413, as amended, which is classified principally to chapter 8A (§1441 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables.

Amendments

1978—Subsec. (a)(2). Pub. L. 95–286 substituted “devises” for “devices”.

Section Referred to in Other Sections

This section is referred to in section 80g–1 of this title.

§80g–1. Hubert H. Humphrey Fellowship in Social and Political Thought

(a) Establishment in Center

There is hereby established in the Center a Hubert H. Humphrey Fellowship in Social and Political Thought.

(b) Selection of Humphrey Fellow; term; compensation

Each year the Board shall select a distinguished scholar, statesman, or cultural figure, from the United States or abroad, to serve at the Center for a period of up to one year as the Hubert H. Humphrey Fellow in Social and Political Thought (hereinafter in this section referred to as the “Humphrey Fellow”). Each Humphrey Fellow shall receive compensation in an amount, determined by the Board, not to exceed the annual income of the trust fund established under subsection (d) of this section.

(c) Functions of Humphrey Fellow; publication and dissemination by Board of Memorial Lectures

Each Humphrey Fellow shall—

(1) deliver a Hubert H. Humphrey Memorial Lecture; and

(2) carry out such projects and work as are consistent with the Humphrey Fellowship.


The Board shall provide for the publication and dissemination of the Hubert H. Humphrey Memorial Lectures.

(d) Hubert H. Humphrey Fellowship Trust Fund; establishment, composition, investments, etc.

(1) There is hereby established in the Treasury of the United States a trust fund to be known as the Hubert H. Humphrey Fellowship Trust Fund (hereinafter in this section referred to as the “fund”). The Secretary of the Treasury shall deposit in the fund such sums as may be appropriated to the fund under subsection (f) of this section and shall receive into the Treasury and deposit into the fund such sums as may be received as contributions to the fund.

(2) The Secretary of the Treasury shall invest amounts in the fund in public debt securities with maturities suitable for the needs of the fund and bearing interest at prevailing market rates; and the interest on such investments shall be credited to and form a part of the fund.

(3) Notwithstanding section 80g(a)(2) of this title any gift, bequest, or devise of money, securities or other property for the benefit of the Hubert H. Humphrey Fellowship in Social and Political Thought received by the Board shall, upon receipt, be deposited into the fund as provided by paragraph (1).

(e) Payments to Board from investments for implementation of Fellowship purposes

The Secretary of the Treasury shall pay to the Board from amounts received as interest on investments under subsection (d)(2) of this section such sums as the Board determines are necessary and appropriate for the purposes of the Humphrey Fellowship.

(f) Authorization of appropriations

There is authorized to be appropriated to the fund for the fiscal year beginning October 1, 1978, $1,000,000.

(Pub. L. 90–637, §5, as added Pub. L. 95–286, §1(2), May 26, 1978, 92 Stat. 278.)

§80h. Administration; quorum

The Board is authorized to adopt an official seal which shall be judicially noticed and to make such bylaws, rules, and regulations as it deems necessary for the administration of its functions under this subchapter, including, among other matters, bylaws, rules, and regulations relating to the administration of its trust funds and the organization and procedure of the Board. A majority of the members of the Board shall constitute a quorum for the transaction of business.

(Pub. L. 90–637, §6, formerly §5, Oct. 24, 1968, 82 Stat. 1359, renumbered Pub. L. 95–286, §1(1), May 26, 1978, 92 Stat. 278.)

§80i. Authorization of appropriations; limitations

There are hereby authorized to be appropriated to the Board such funds as may be necessary to carry out the purposes of this subchapter: Provided, That no more than $200,000 shall be authorized for appropriation through fiscal year 1970 and no part of that appropriation shall be available for construction purposes.

(Pub. L. 90–637, §7, formerly §6, Oct. 24, 1968, 82 Stat. 1359, renumbered Pub. L. 95–286, §1(1), May 26, 1978, 92 Stat. 278.)

§80j. Audit of accounts

The accounts of the Board shall be audited in accordance with the principles and procedures applicable to, and as part of, the audit of the other Federal and trust funds of the Smithsonian Institution.

(Pub. L. 90–637, §8, formerly §7, Oct. 24, 1968, 82 Stat. 1359, renumbered Pub. L. 95–286, §1(1), May 26, 1978, 92 Stat. 278.)

SUBCHAPTER XII—MUSEUM OF AFRICAN ART

§80k. Donation and transfer of lands and improvements, works of art, and other assets and property of Museum of African Art to Smithsonian Institution

The Board of Regents of the Smithsonian Institution (hereinafter in this subchapter referred to as the “Board”) is authorized to accept a deed or other instrument donating and transferring to the Smithsonian Institution, the land and improvements thereto, collections of works of art, and all other assets and property of the Museum of African Art.

(Pub. L. 95–414, §1, Oct. 5, 1978, 92 Stat. 911.)

Effective Date

Section 7 of Pub. L. 95–414 provided that: “Except for the provisions in sections 1 and 6(b) [this section and section 80p(b) of this title], the provisions of this Act [this subchapter] shall take effect on the date of transfer of a deed or other instrument under the provisions of section 1 [this section].”

Section Referred to in Other Sections

This section is referred to in sections 80m, 80o, 80p of this title.

§80l. Establishment of Museum of African Art; functions

There is established in the Smithsonian Institution a bureau which shall be known as the “Museum of African Art” (hereinafter in this subchapter referred to as the “Museum”). The functions of such bureau shall be those authorized by section 80m(a) of this title.

(Pub. L. 95–414, §2, Oct. 5, 1978, 92 Stat. 911.)

Construction of National Museum of African Art

Regents of Smithsonian Institution authorized to construct building for National Museum of African Art, see Pub. L. 97–203, June 24, 1982, 96 Stat. 129, set out as a note under section 50 of this title.

Section Referred to in Other Sections

This section is referred to in section 80m of this title.

§80m. Powers of Board

(a) Acquisition, retention, and disposition of property; research and education programs

For the purpose of carrying out sections 80k and 80l of this title, the Board may—

(1) purchase, accept, borrow, or otherwise acquire additional works of art or any other real or personal property for the Museum;

(2) preserve, maintain, restore, display, loan, transfer, store, or otherwise hold any property of whatsoever nature acquired pursuant to section 80k of this title or paragraph (1) of this subsection;

(3) conduct programs of research and education; and

(4) subject to any limitations otherwise expressly provided by law, and, in the case of any gift, subject to any applicable restrictions under the terms of such gift, sell, exchange, or otherwise dispose of any property of whatsoever nature acquired pursuant to the provisions of this subchapter: Provided, That the proceeds from the sale of any property acquired pursuant to section 80k of this title shall be designated for the benefit of the Museum.

(b) Recommendations of Commission

In carrying out the purposes of this subchapter, the Board shall consider the recommendations of the Commission established pursuant to section 80n of this title.

(Pub. L. 95–414, §3, Oct. 5, 1978, 92 Stat. 911.)

Section Referred to in Other Sections

This section is referred to in section 80l of this title.

§80n. Commission for the Museum of African Art

(a) Establishment; duties

There is established a Commission for the Museum of African Art (hereinafter the “Commission”) which shall provide advice and assistance to the Board concerning the operation and development of the Museum, its collections and programs.

(b) Membership

The Commission shall consist of fifteen members to be appointed by the Board. In addition, the Secretary and an Assistant Secretary of the Smithsonian Institution shall serve as ex officio members. The Board shall appoint to the first term on the Commission no less than ten members of the Board of Trustees of the Museum of African Art who are serving on October 5, 1978. Each initial member so appointed shall serve for a three-year term. Thereafter, in appointing members of the Commission the Board shall continue to include representatives of African descendants in the United States, collectors of African Art, and scholars in the fields of African art and culture.

(c) Terms of office

Members of the Commission shall be appointed to serve for a three-year term, except that after the appointment of the first term of the Commission as specified in subsection (b) of this section, the terms of office of members next appointed shall expire, as designated by the Board at the time of appointment, one-third at the end of one year, one-third at the end of two years, and one-third at the end of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Members may be reappointed.

(d) Quorum; vacancies

A majority of the appointed members of the Commission shall constitute a quorum and any vacancy in the Commission shall not affect its power to function.

(e) Travel, subsistence, and other expenses

Members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.

(f) Selection of officers; bylaws

The Commission shall select officers, from among its members biennially and shall make bylaws to carry out its functions under this subchapter.

(Pub. L. 95–414, §4, Oct. 5, 1978, 92 Stat. 911.)

Section Referred to in Other Sections

This section is referred to in section 80m of this title.

§80o. Director, officers, and employees; appointment, compensation, and duties

The Board may appoint and fix the compensation and duties of the Director and such other officers and employees of the Museum as may be necessary for the efficient administration, operation, and maintenance of the Museum; the Director and two other employees of the Museum may be appointed and compensated without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5; and all of the employees of the Museum who are serving on the date of the transfer authorized under section 80k of this title shall be offered employment by the Smithsonian under its usual terms of employment and may be appointed without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5.

(Pub. L. 95–414, §5, Oct. 5, 1978, 92 Stat. 912.)

References in Text

Provisions of title 5 governing appointments in the competitive service, referred to in text, are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

§80p. Funding

(a) Federal funds for Museum

The faith of the United States is pledged that upon the completion of the acquisition in section 80k of this title, the United States will provide such funds as may be necessary for the upkeep of the Museum and the administrative expenses and costs of operation thereof, including the protection and care of works of art acquired by the Board, so the Museum shall at all times be properly maintained and works of art contained therein shall be exhibited regularly to the general public free of charge.

(b) Authorization of appropriations

There is authorized to be appropriated for the first fiscal year under this subchapter, the sum of $1,000,000 and such amounts as may be necessary for the succeeding fiscal years in order to carry out the provisions of this subchapter.

(Pub. L. 95–414, §6, Oct. 5, 1978, 92 Stat. 912.)

Effective Date

Section effective, except for the provisions in subsec. (b) of this section, on the date of transfer of a deed or other instrument under the provisions of section 80k of this title, see section 7 of Pub. L. 95–414, set out as a note under section 80k of this title.

SUBCHAPTER XIII—NATIONAL MUSEUM OF THE AMERICAN INDIAN

Subchapter Referred to in Other Sections

This subchapter is referred to in section 7902 of this title; title 42 section 11701.

§80q. Findings

The Congress finds that—

(1) there is no national museum devoted exclusively to the history and art of cultures indigenous to the Americas;

(2) although the Smithsonian Institution sponsors extensive Native American programs, none of its 19 museums, galleries, and major research facilities is devoted exclusively to Native American history and art;

(3) the Heye Museum in New York, New York, one of the largest Native American collections in the world, has more than 1,000,000 art objects and artifacts and a library of 40,000 volumes relating to the archaeology, ethnology, and history of Native American peoples;

(4) the Heye Museum is housed in facilities with a total area of 90,000 square feet, but requires a minimum of 400,000 square feet for exhibition, storage, and scholarly research;

(5) the bringing together of the Heye Museum collection and the Native American collection of the Smithsonian Institution would—

(A) create a national institution with unrivaled capability for exhibition and research;

(B) give all Americans the opportunity to learn of the cultural legacy, historic grandeur, and contemporary culture of Native Americans;

(C) provide facilities for scholarly meetings and the performing arts;

(D) make available curatorial and other learning opportunities for Indians; and

(E) make possible traveling exhibitions to communities throughout the Nation;


(6) by order of the Surgeon General of the Army, approximately 4,000 Indian human remains from battlefields and burial sites were sent to the Army Medical Museum and were later transferred to the Smithsonian Institution;

(7) through archaeological excavations, individual donations, and museum donations, the Smithsonian Institution has acquired approximately 14,000 additional Indian human remains;

(8) the human remains referred to in paragraphs (6) and (7) have long been a matter of concern for many Indian tribes, including Alaska Native Villages, and Native Hawaiian communities which are determined to provide an appropriate resting place for their ancestors;

(9) identification of the origins of such human remains is essential to addressing that concern; and

(10) an extraordinary site on the National Mall in the District of Columbia (U.S. Government Reservation No. 6) is reserved for the use of the Smithsonian Institution and is available for construction of the National Museum of the American Indian.

(Pub. L. 101–185, §2, Nov. 28, 1989, 103 Stat. 1336.)

Short Title

Section 1 of Pub. L. 101–185 provided that: “This Act [enacting this subchapter] may be cited as the ‘National Museum of the American Indian Act’.”

§80q–1. National Museum of the American Indian

(a) Establishment

There is established, within the Smithsonian Institution, a living memorial to Native Americans and their traditions which shall be known as the “National Museum of the American Indian”.

(b) Purposes

The purposes of the National Museum are to—

(1) advance the study of Native Americans, including the study of language, literature, history, art, anthropology, and life;

(2) collect, preserve, and exhibit Native American objects of artistic, historical, literary, anthropological, and scientific interest;

(3) provide for Native American research and study programs; and

(4) provide for the means of carrying out paragraphs (1), (2), and (3) in the District of Columbia, the State of New York, and other appropriate locations.

(Pub. L. 101–185, §3, Nov. 28, 1989, 103 Stat. 1337.)

Section Referred to in Other Sections

This section is referred to in sections 80q–2, 80q–14 of this title.

§80q–2. Authority of Board of Regents to enter into agreement providing for transfer of Heye Foundation assets to Smithsonian Institution

The Board of Regents is authorized to enter into an agreement with the Heye Foundation, to provide for the transfer to the Smithsonian Institution of title to the Heye Foundation assets. The agreement shall—

(1) require that the use of the assets be consistent with section 80q–1(b) of this title; and

(2) be governed by, and construed in accordance with, the law of the State of New York.


The United States District Court for the Southern District of New York shall have original and exclusive jurisdiction over any cause of action arising under the agreement.

(Pub. L. 101–185, §4, Nov. 28, 1989, 103 Stat. 1337.)

§80q–3. Board of Trustees of National Museum of the American Indian

(a) In general

The National Museum shall be under a Board of Trustees with the duties, powers, and authority specified in this section.

(b) General duties and powers

The Board of Trustees shall—

(1) recommend annual operating budgets for the National Museum to the Board of Regents;

(2) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the National Museum;

(3) adopt bylaws for the Board of Trustees;

(4) designate a chairman and other officers from among the members of the Board of trustees; 1 and

(5) report annually to the Board of Regents on the acquisition, disposition, and display of Native American objects and artifacts and on other appropriate matters.

(c) Sole authority

Subject to the general policies of the Board of Regents, the Board of Trustees shall have the sole authority to—

(1) lend, exchange, sell, or otherwise dispose of any part of the collections of the National Museum, with the proceeds of such transactions to be used for additions to the collections of the National Museum or additions to the endowment of the National Museum, as the case may be;

(2) purchase, accept, borrow, or otherwise acquire artifacts and other objects for addition to the collections of the Natural Museum; and

(3) specify criteria for use of the collections of the National Museum for appropriate purposes, including research, evaluation, education, and method of display.

(d) Authority

Subject to the general policies of the Board of Regents, the Board of Trustees shall have authority to—

(1) provide for restoration, preservation, and maintenance of the collections of the National Museum;

(2) solicit funds for the National Museum and determine the purposes to which such funds shall be applied; and

(3) approve expenditures from the endowment of the National Museum for any purpose of the Museum.

(e) Initial appointments to Board of Trustees

(1) Membership

The initial membership of the Board of Trustees shall consist of—

(A) the Secretary of the Smithsonian Institution;

(B) an Assistant Secretary of the Smithsonian Institution appointed by the Board of Regents;

(C) 8 individuals appointed by the Board of Regents; and

(D) 15 individuals, each of whom shall be a member of the board of trustees of the Heye Museum, appointed by the Board of Regents from a list of nominees recommended by the board of trustees of the Heye Museum.

(2) Special rule

At least 7 of the 23 members appointed under subparagraphs (C) and (D) of paragraph (1) shall be Indians.

(3) Terms

The trustee appointed under paragraph (1)(B) shall serve at the pleasure of the Board of Regents. The terms of the trustees appointed under subparagraph (C) or (D) of paragraph (1) shall be 3 years, beginning on the date of the transfer of the Heye Foundation assets to the Smithsonian Institution.

(4) Vacancies

Any vacancy shall be filled only for the remainder of the term involved. Any vacancy appointment under paragraph (1)(D) shall not be subject to the source and recommendation requirements of that paragraph, but shall be subject to paragraph (2).

(f) Subsequent appointments to Board of Trustees

(1) Membership

Upon the expiration of the terms under subsection (e) of this section, the Board of Trustees shall consist of—

(A) the Secretary of the Smithsonian Institution;

(B) an Assistant Secretary of the Smithsonian Institution appointed by the Board of Regents; and

(C) 23 individuals appointed by the Board of Regents from a list of nominees recommended by the Board of Trustees.

(2) Special rule

2 least 12 of the 23 members appointed under paragraph (1)(C) shall be Indians.

(3) Terms

The trustee appointed under paragraph (1)(B) shall serve at the pleasure of the Board of Regents. Except as otherwise provided in the next sentence, the terms of members appointed under paragraph (1)(C) shall be 3 years. Of the members first appointed under paragraph (1)(C)—

(A) 7 members, 4 of whom shall be Indians, shall be appointed for a term of one year, as designated at the time of appointment; and

(B) 8 members, 4 of whom shall be Indians, shall be appointed for a term of 2 years, as designated at the time of appointment.

(4) Vacancies

Any vacancy shall be filled only for the remainder of the term involved.

(g) Quorum

A majority of the members of the Board of Trustees then in office shall constitute a quorum.

(h) Expenses

Members of the Board shall be entitled (to the same extent as provided in section 5703 of title 5 with respect to employees serving intermittently in the Government service) to per diem, travel, and transportation expenses for each day (including travel time) during which they are engaged in the performance of their duties.

(Pub. L. 101–185, §5, Nov. 28, 1989, 103 Stat. 1337.)

1 So in original. Probably should be capitalized.

2 So in original. Probably should be “At”.

§80q–4. Director and staff of National Museum

(a) In general

The Secretary of the Smithsonian Institution shall appoint—

(1) a Director who, subject to the policies of the Board of Trustees, shall manage the National Museum; and

(2) other employees of the National Museum, to serve under the Director.

(b) Offer of employment to Heye Foundation employees

Each employee of the Heye Museum on the day before the date of the transfer of the Heye Foundation assets to the Smithsonian Institution shall be offered employment with the Smithsonian Institution—

(1) under the usual terms of such employment; and

(2) at a rate of pay not less than the rate applicable to the employee on the day before the date of the transfer.

(c) Applicability of certain civil service laws

The Secretary may—

(1) appoint the Director, 2 employees under subsection (a)(2) of this section, and the employees under subsection (b) of this section without regard to the provisions of title 5, governing appointments in the competitive service;

(2) fix the pay of the Director and such 2 employees without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates; and

(3) fix the pay of the employees under subsection (b) of this section in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, subject to subsection (b)(2) of this section.

(Pub. L. 101–185, §6, Nov. 28, 1989, 103 Stat. 1339.)

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c)(1), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

§80q–5. Museum facilities

(a) National Museum mall facility

The Board of Regents shall plan, design, and construct a facility on the area bounded by Third Street, Maryland Avenue, Independence Avenue, Fourth Street, and Jefferson Drive, Southwest, in the District of Columbia to house the portion of the National Museum to be located in the District of Columbia. The Board of Regents shall pay not more than 2/3 of the total cost of planning, designing, and constructing the facility from funds appropriated to the Board of Regents. The remainder of the costs shall be paid from non-Federal sources.

(b) National Museum Heye Center facility

(1) Lease of space from GSA

(A) Terms

Notwithstanding section 490(j) of title 40, the Administrator of General Services may lease, at a nominal charge, to the Smithsonian Institution space in the Old United States Custom House at One Bowling Green, New York, New York, to house the portion of the National Museum to be located in the city of New York. The lease shall be subject to such terms as may be mutually agreed upon by the Administrator and the Secretary of the Smithsonian Institution. The term of the lease shall not be less than 99 years.

(B) Reimbursement of Federal buildings fund

The Administrator of General Services may reimburse the fund established by section 490(f) of title 40 for the difference between the amount charged to the Smithsonian Institution for leasing space under this paragraph and the commercial charge under section 490(j) of title 40 which, but for this paragraph, would apply to the leasing of such space. There are authorized to be appropriated to the Administrator such sums as may be necessary to carry out this subparagraph for fiscal years beginning after September 30, 1990.

(2) Construction

(A) Museum facility

The Board of Regents shall plan, design, and construct a significant facility for the National Museum in the space leased under paragraph (1).

(B) Auditorium and loading dock facility

The Administrator of General Services shall plan, design, and construct an auditorium and loading dock in the Old United States Custom House at One Bowling Green, New York, New York, for the shared use of all the occupants of the building, including the National Museum.

(C) Square footage

The facilities to be constructed under this paragraph shall have, in the aggregate, a total square footage of approximately 82,500 square feet.

(3) Repairs and alterations

After construction of the facility under paragraph (2)(A), repairs and alterations of the facility shall be the responsibility of the Board of Regents.

(4) Reimbursement of GSA

The Board of Regents shall reimburse the Administrator for the Smithsonian Institution's pro rata share of the cost of utilities, maintenance, cleaning, and other services incurred with respect to the space leased under paragraph (1) and the full cost of any repairs or alterations made by the General Services Administration at the request of the Smithsonian Institution with respect to the space.

(5) Cost sharing

(A) General rules

The Board of Regents shall pay 1/3 of the costs of planning, designing, and constructing the facility under paragraph (2)(A) from funds appropriated to the Board of Regents. The remainder of the costs shall be paid from non-Federal sources.

(B) Responsibilities of New York City and State

Of the costs which are required to be paid from non-Federal sources under this paragraph, the city of New York, New York, and the State of New York have each agreed to pay $8,000,000 or an amount equal to 1/3 of the costs of planning, designing, and constructing the facility under paragraph (2)(A), whichever is less. Such payments shall be made to the Board of Regents in accordance with a payment schedule to be agreed upon by the city and State and the Board of Regents.

(C) Limitation on obligations of Federal funds

Federal funds may not be obligated for actual construction of a facility under paragraph (2)(A) in a fiscal year until non-Federal sources have paid to the Board of Regents the non-Federal share of such costs which the Board of Regents estimates will be incurred in such year.

(6) Designation

The facility to be constructed under paragraph (2)(A) shall be known and designated as the “George Gustav Heye Center of the National Museum of the American Indian”.

(c) Museum Support Center facility

The Board of Regents shall plan, design, and construct a facility for the conservation and storage of the collections of the National Museum at the Museum Support Center of the Smithsonian Institution.

(d) Minimum square footage

The facilities to be constructed under this section shall have, in the aggregate, a total square footage of at least 400,000 square feet.

(e) Authority to contract with GSA

The Board of Regents and the Administrator of General Services may enter into such agreements as may be necessary for planning, designing, and constructing facilities under this section (other than subsection (b)(2)(B)). Under such agreements, the Board of Regents shall transfer to the Administrator, from funds available for planning, designing, and constructing such facilities, such amounts as may be necessary for expenses of the General Services Administration with respect to planning, designing, and constructing such facilities.

(f) Limitation on obligation of Federal funds

Notwithstanding any other provision of this subchapter, funds appropriated for carrying out this section may not be obligated for actual construction of any facility under this section until the 60th day after the date on which the Board of Regents transmits to Congress a written analysis of the total estimated cost of the construction and a cost-sharing plan projecting the amount for Federal appropriations and for non-Federal contributions for the construction on a fiscal year basis.

(Pub. L. 101–185, §7, Nov. 28, 1989, 103 Stat. 1339.)

National Native American Veterans’ Memorial

Pub. L. 103–384, Oct. 22, 1994, 108 Stat. 4067, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Native American Veterans’ Memorial Establishment Act of 1994’.

“SEC. 2. FINDINGS.

“The Congress finds the following:

“(1) Native Americans across the Nation—Indians, Native Alaskans, and Native Hawaiians—have a long, proud and distinguished tradition of service in the Armed Forces of the United States.

“(2) Native Americans have historically served in the Armed Forces of the United States in numbers which far exceed their representation in the population of the United States.

“(3) Native American veterans count among themselves a number of Medal of Honor recipients. Their numbers are also conspicuous in the ranks of those who have received other decorations for valor and distinguished service.

“(4) Native Americans have lost their lives in the service of their Nation and in the cause of peace.

“(5) The National Museum of the American Indian was established as a living memorial to Native Americans. Its mission is to advance knowledge and understanding of Native American cultures, including art, history, language, and the contributions Native Americans have made to our society.

“(6) The National Museum of the American Indian is an extraordinary site and an ideal location to establish a National Native American Veterans’ Memorial.

“(7) A National Native American Veterans’ Memorial would further the purposes of the National Museum of the American Indian by giving all Americans the opportunity to learn of the proud and courageous tradition of service of Native Americans in the Armed Forces of the United States.

“SEC. 3. AUTHORITY TO ESTABLISH MEMORIAL.

“(a) In General.—The National Museum of the American Indian (established by the National Museum of the American Indian Act (20 U.S.C. 80q et seq.)), in close consultation with the National Congress of American Indians and other Native American groups, is authorized to construct and maintain a National Native American Veterans’ Memorial (hereafter in this Act referred to as the ‘memorial’).

“(b) Location.—The memorial shall be located at a site determined to be suitable by the Museum within the interior structure of the facility provided for by section 7(a) of such Act (20 U.S.C. 80q–5(a)) (relating to housing the portion of the Museum to be located in the District of Columbia).

“(c) Design and Plans.—(1) The National Congress of American Indians, in consultation with the Museum, is authorized to hold a competition to select the design of the Memorial. Any design so selected shall be compatible with both the purpose of the Museum, as set forth in section 3(b) of the National Museum of the American Indian Act (20 U.S.C. 80q–1 [(b)]), and with any existing design plans for the Museum's structure and its surroundings.

“(2) Any design so selected shall be subject to the approval of the Board of Regents of the Smithsonian Institution.

“SEC. 4. PAYMENT OF EXPENSES AND USE OF NAME.

“(a) Responsibility of National Congress of American Indians.—The National Congress of American Indians shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the memorial. No Federal funds may be used to pay any expense of the establishment of the memorial.

“(b) Use of Name.—Use of the name of the Smithsonian Institution or the National Museum of the American Indian in any material regarding the memorial produced by the National Congress of American Indians, other than in a manner simply describing the location of the memorial, shall be subject to consultation with, and the approval of, the Board of Regents of the Smithsonian Institution.”

Section Referred to in Other Sections

This section is referred to in sections 80q–6, 80q–15 of this title.

§80q–6. Custom House office space and auditorium

(a) Repairs and alterations

The Administrator of General Services shall make such repairs and alterations as may be necessary in the portion of the Old United States Custom House at One Bowling Green, New York, New York, which is not leased to the Board of Regents under section 80q–5(b) of this title and which, as of November 28, 1989, has not been altered.

(b) Authorization of appropriation

There is authorized to be appropriated to the Administrator of General Services $25,000,000 from the fund established pursuant to section 490(f) of title 40 to carry out this section and section 80q–5(b)(2)(B) of this title.

(Pub. L. 101–185, §8, Nov. 28, 1989, 103 Stat. 1341.)

Section Referred to in Other Sections

This section is referred to in section 80q–15 of this title.

§80q–7. Audubon Terrace

(a) In general

The Board of Regents shall—

(1) assure that, on the date on which a qualified successor to the Heye Foundation at Audubon Terrace first takes possession of Audubon Terrace, an area of at least 2,000 square feet at that facility is accessible to the public and physically suitable for exhibition of museum objects and for related exhibition activities;

(2) upon written agreement between the Board and any qualified successor, lend objects from the collections of the Smithsonian Institution to the successor for exhibition at Audubon Terrace; and

(3) upon written agreement between the Board and any qualified successor, provide training, scholarship, technical, and other assistance (other than operating funds) with respect to the area referred to in paragraph (1) for the purposes described in that paragraph.

(b) Determination of charges

Any charge by the Board of Regents for activities pursuant to agreements under paragraph (2) or (3) of subsection (a) of this section shall be determined according to the ability of the successor to pay.

(c) Definition

As used in this section, the terms “qualified successor to the Heye Foundation at Audubon Terrace”, “qualified successor”, and,1 “successor” mean an organization described in section 501(c)(3) of title 26, and exempt from tax under section 501(a) of title 26, that, as determined by the Board of Regents—

(1) is a successor occupant to the Heye Foundation at Audubon Terrace, 3753 Broadway, New York, New York;

(2) is qualified to operate the area referred to in paragraph (1) for the purposes described in that paragraph; and

(3) is committed to making a good faith effort to respond to community cultural interests in such operation.

(Pub. L. 101–185, §9, Nov. 28, 1989, 103 Stat. 1342.)

1 So in original. The comma probably should not appear.

§80q–8. Board of Regents functions with respect to certain agreements and programs

(a) Priority to be given to Indian organizations with respect to certain agreements

In entering into agreements with museums and other educational and cultural organizations to—

(1) lend Native American artifacts and objects from any collection of the Smithsonian Institution;

(2) sponsor or coordinate traveling exhibitions of artifacts and objects; or

(3) provide training or technical assistance;


the Board of Regents shall give priority to agreements with Indian organizations, including Indian tribes, museums, cultural centers, educational institutions, libraries, and archives. Such agreements may provide that loans or services to such organizations may be furnished by the Smithsonian Institution at minimal or no cost.

(b) Indian programs

The Board of Regents may establish—

(1) programs to serve Indian tribes and communities; and

(2) in cooperation with educational institutions, including tribally controlled community colleges (as defined in section 1801 of title 25), programs to enhance the opportunities for Indians in the areas of museum studies, management, and research.

(c) Indian Museum Management Fellowships

The Board of Regents shall establish an Indian Museum Management Fellowship program to provide stipend support to Indians for training in museum development and management.

(d) Authorization of appropriations

There is authorized to be appropriated $2,000,000 for each fiscal year, beginning with fiscal year 1991, to carry out subsections (b) and (c) of this section.

(Pub. L. 101–185, §10, Nov. 28, 1989, 103 Stat. 1342.)

Section Referred to in Other Sections

This section is referred to in section 80q–15 of this title.

§80q–9. Inventory, identification, and return of Indian human remains and Indian funerary objects in possession of Smithsonian Institution

(a) Inventory and identification

The Secretary of the Smithsonian Institution, in consultation and cooperation with traditional Indian religious leaders and government officials of Indian tribes, shall—

(1) inventory the Indian human remains and Indian funerary objects in the possession or control of the Smithsonian Institution; and

(2) using the best available scientific and historical documentation, identify the origins of such remains and objects.

(b) Notice in case of identification of tribal origin

If the tribal origin of any Indian human remains or Indian funerary object is identified by a preponderance of the evidence, the Secretary shall so notify any affected Indian tribe at the earliest opportunity.

(c) Return of Indian human remains and associated Indian funerary objects

If any Indian human remains are identified by a preponderance of the evidence as those of a particular individual or as those of an individual culturally affiliated with a particular Indian tribe, the Secretary, upon the request of the descendants of such individual or of the Indian tribe shall expeditiously return such remains (together with any associated funerary objects) to the descendants or tribe, as the case may be.

(d) Return of Indian funerary objects not associated with Indian human remains

If any Indian funerary object not associated with Indian human remains is identified by a preponderance of the evidence as having been removed from a specific burial site of an individual culturally affiliated with a particular Indian tribe, the Secretary, upon the request of the Indian tribe, shall expeditiously return such object to the tribe.

(e) Interpretation

Nothing in this section shall be interpreted as—

(1) limiting the authority of the Smithsonian Institution to return or repatriate Indian human remains or Indian funerary objects to Indian tribes or individuals; or

(2) delaying actions on pending repatriation requests, denying or otherwise affecting access to the courts, or limiting any procedural or substantive rights which may otherwise be secured to Indian tribes or individuals.

(f) Authorization of appropriations

There is authorized to be appropriated $1,000,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years to carry out this section.

(Pub. L. 101–185, §11, Nov. 28, 1989, 103 Stat. 1343.)

Section Referred to in Other Sections

This section is referred to in sections 80q–10, 80q–11, 80q–12, 80q–15 of this title.

§80q–10. Special committee to review inventory, identification, and return of Indian human remains and Indian funerary objects

(a) Establishment; duties

Not later than 120 days after November 28, 1989, the Secretary of the Smithsonian Institution shall appoint a special committee to monitor and review the inventory, identification, and return of Indian human remains and Indian funerary objects under section 80q–9 of this title. In carrying out its duties, the committee shall—

(1) with respect to the inventory and identification, ensure fair and objective consideration and assessment of all relevant evidence;

(2) upon the request of any affected party or otherwise, review any finding relating to the origin or the return of such remains or objects;

(3) facilitate the resolution of any dispute that may arise between Indian tribes with respect to the return of such remains or objects; and

(4) perform such other related functions as the Secretary may assign.

(b) Membership

The committee shall consist of five members, of whom—

(1) three members shall be appointed from among nominations submitted by Indian tribes and organizations; and

(2) the Secretary shall designate one member as chairman.


The Secretary may not appoint to the committee any individual who is an officer or employee of the Government (including the Smithsonian Institution) or any individual who is otherwise affiliated with the Smithsonian Institution.

(c) Access

The Secretary shall ensure that the members of the committee have full and free access to the Indian human remains and Indian funerary objects subject to section 80q–9 of this title and to any related evidence, including scientific and historical documents.

(d) Pay and expenses of members

Members of the committee shall—

(1) be paid the daily equivalent of the annual rate of basic pay payable for grade GS–18 of the General schedule under section 5332 of title 5; and

(2) be entitled (to the same extent as provided in section 5703 of such title, with respect to employees serving intermittently in the Government service) to per diem, travel, and transportation expenses;


for each day (including travel time) during which they are engaged in the performance of their duties.

(e) Rules and administrative support

The Secretary shall prescribe regulations and provide administrative support for the committee.

(f) Report and termination

At the conclusion of the work of the committee, the Secretary shall be so 1 certify by report to the Congress. The committee shall cease to exist 120 days after the submission of the report.

(g) Nonapplicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee.

(h) Authorization of appropriations

There is authorized to be appropriated $250,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years to carry out this section.

(Pub. L. 101–185, §12, Nov. 28, 1989, 103 Stat. 1344.)

References in Text

The Federal Advisory Committee Act, referred to in subsec. (g), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the Appendix to Title 5, Government Organization and Employees.

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Section Referred to in Other Sections

This section is referred to in sections 80q–11, 80q–15 of this title.

1 So in original. Probably should be “shall so”.

§80q–11. Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution

(a) In general

The Secretary of the Smithsonian Institution shall—

(1) in conjunction with the inventory and identification under section 80q–9 of this title, inventory and identify the Native Hawaiian human remains and Native Hawaiian funerary objects in the possession of the Smithsonian Institution;

(2) enter into an agreement with appropriate Native Hawaiian organizations with expertise in Native Hawaiian affairs (which may include the Office of Hawaiian Affairs and the Malama I Na Kupuna O Hawai'i Nei) to provide for the return of such human remains nd 1 funerary objects; and

(3) to the greatest extent practicable, apply, with respect to such human remains and funerary objects, the principles and procedures set forth in sections 80q–9 and 80q–10 of this title with respect to the Indian human remains and Indian funerary objects in the possession of the Smithsonian Institution.

(b) Definitions

As used in this section—

(1) the term “Malama I Na Kupuna O Hawai'i Nei” means the nonprofit, Native Hawaiian organization, incorporated under the laws of the State of Hawaii by that name on April 17, 1989, the purpose of which is to provide guidance and expertise in decisions dealing with Native Hawaiian cultural issues, particularly burial issues; and

(2) the term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

(Pub. L. 101–185, §13, Nov. 28, 1989, 103 Stat. 1345.)

1 So in original. Probably should be “and”.

§80q–12. Grants by Secretary of the Interior to assist Indian tribes with respect to agreements for return of Indian human remains and Indian funerary objects

(a) In general

The Secretary of the Interior may make grants to Indian tribes to assist such tribes in reaching and carrying out agreements with—

(1) the Board of Regents for the return of Indian human remains and Indian funerary objects under section 80q–9 of this title; and

(2) other Federal and non-Federal entities for additional returns of Indian human remains and Indian funerary objects.

(b) Authorization of appropriations

There is authorized to be appropriated $1,000,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years for grants under subsection (a) of this section.

(Pub. L. 101–185, §14, Nov. 28, 1989, 103 Stat. 1345.)

Section Referred to in Other Sections

This section is referred to in section 80q–15 of this title.

§80q–13. Grants by Secretary of the Interior to assist Indian organizations with respect to renovation and repair of museum facilities and exhibit facilities

(a) Grants

The Secretary of the Interior may make grants to Indian organizations, including Indian tribes, museums, cultural centers, educational institutions, libraries, and archives, for renovation and repair of museum facilities and exhibit facilities to enable such organizations to exhibit objects and artifacts on loan from the collections of the Smithsonian Institution or from other sources. Such grants may be made only from the Tribal Museum Endowment Fund.

(b) Indian organization contribution

In making grants under subsection (a) of this section, the Secretary may require the organization receiving the grant to contribute, in cash or in kind, not more than 50 percent of the cost of the renovation or repair involved. Such contribution may be derived from any source other than the Tribal Museum Endowment Fund.

(c) Tribal Museum Endowment Fund

(1) Establishment

There is established in the Treasury a fund, to be known as the “Tribal Museum Endowment Fund” (hereinafter in this subsection referred to as the “Fund”) for the purpose of making grants under subsection (a) of this section. The Fund shall consist of (A) amounts deposited and credited under paragraph (2), (B) obligations obtained under paragraph (3), and (C) amounts appropriated pursuant to authorization under paragraph (5).

(2) Deposits and credits

The Secretary of the Interior is authorized to accept contributions to the Fund from non-Federal sources and shall deposit such contributions in the Fund. The Secretary of the Treasury shall credit to the Fund the interest on, and the proceeds from sale and redemption of, obligations held in the Fund.

(3) Investments

The Secretary of the Treasury may invest any portion of the Fund in interest-bearing obligations of the United States. Such obligations may be acquired on original issue or in the open market and may be held to maturity or sold in the open market. In making investments for the Fund, the Secretary of the Treasury shall consult the Secretary of the Interior with respect to maturities, purchases, and sales, taking into consideration the balance necessary to meet current grant requirements.

(4) Expenditures and capital preservation

Subject to appropriation, amounts derived from interest shall be available for expenditure from the Fund. The capital of the Fund shall not be available for expenditure.

(5) Authorization of appropriations

There is authorized to be appropriated to the Fund $2,000,000 for each fiscal year beginning with fiscal year 1992.

(d) Annual report

Not later than January 31 of each year, the Secretary of the Interior, in consultation with the Secretary of the Treasury, shall submit to the Congress a report of activities under this section, including a statement of—

(1) the financial condition of the Fund as of the end of the preceding fiscal year, with an analysis of the Fund transactions during that fiscal year; and

(2) the projected financial condition of the Fund, with an analysis of expected Fund transactions for the six fiscal years after that fiscal year.

(Pub. L. 101–185, §15, Nov. 28, 1989, 103 Stat. 1345.)

Native American Cultural Center in Oklahoma City, Oklahoma; Feasibility Study and Report

Pub. L. 102–196, Dec. 9, 1991, 105 Stat. 1620, directed Secretary of the Interior to conduct a study and make a report to Congress on the feasibility of establishing a Native American Cultural Center in Oklahoma City, Oklahoma, and made appropriations for that purpose.

Section Referred to in Other Sections

This section is referred to in section 80q–15 of this title.

§80q–14. Definitions

As used in this subchapter—

(1) the term “Board of Regents” means the Board of Regents of the Smithsonian Institution;

(2) the term “Board of Trustees” means the Board of Trustees of the National Museum of the American Indian;

(3) the term “burial site” means a natural or prepared physical location, whether below, on, or above the surface of the earth, into which, as a part of a death rite or ceremony of a culture, individual human remains are deposited;

(4) the term “funerary object” means an object that, as part of a death rite or ceremony of a culture, is intentionally placed with individual human remains, either at the time of burial or later;

(5) the term “Heye Foundation assets” means the collections, endowment, and all other property of the Heye Foundation (other than the interest of the Heye Foundation in Audubon Terrace) described in the Memorandum of Understanding between the Smithsonian Institution and the Heye Foundation, dated May 8, 1989, and the schedules attached to such memorandum;

(6) the term “Heye Museum” means the Museum of the American Indian, Heye Foundation;

(7) the term “Indian” means a member of an Indian tribe;

(8) the term “Indian tribe” has the meaning given that term in section 450b of title 25;

(9) the term “National Museum” means the National Museum of the American Indian established by section 80q–1 of this title;

(10) the term “Native American” means an individual of a tribe, people, or culture that is indigenous to the Americas and such term includes a Native Hawaiian; and

(11) the term “Native Hawaiian” means a member or descendant of the aboriginal people who, before 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii.

(Pub. L. 101–185, §16, Nov. 28, 1989, 103 Stat. 1346.)

§80q–15. Authorization of appropriations

(a) Funding

There is authorized to be appropriated to the Board of Regents to carry out this subchapter (other than as provided in sections 80q–5(b)(1)(B), 80q–6, 80q–8, 80q–9, 80q–10, 80q–12, and 80q–13(c)(5) of this title)—

(1) $10,000,000 for fiscal year 1990; and

(2) such sums as may be necessary for each succeeding fiscal year.

(b) Period of availability

Funds appropriated under subsection (a) of this section shall remain available without fiscal year limitation for any period prior to the availability of the facilities to be constructed under section 80q–5 of this title for administrative and planning expenses and for the care and custody of the collections of the National Museum.

(Pub. L. 101–185, §17, Nov. 28, 1989, 103 Stat. 1347.)

CHAPTER 4—NATIONAL ZOOLOGICAL PARK

Sec.
81.
Administration by Regents of Smithsonian Institution.
82.
Aid in acquisition of collections.
83.
Report of expenses.
84.
Plans for buildings and bridges.
85.
Concessions.
(a)
Authorization; use of proceeds for research and educational work.
(b)
Voluntary services.

        

§81. Administration by Regents of Smithsonian Institution

The National Zoological Park is placed under the direction of the Regents of the Smithsonian Institution, who are authorized to transfer to it any living specimens, whether of animals or plants, in their charge, to accept gifts for the park at their discretion, in the name of the United States, to make exchanges of specimens, and to administer and improve the said Zoological Park for the advancement of science and the instruction and recreation of the people.

(Apr. 30, 1890, ch. 173, §2, 26 Stat. 78; Oct. 4, 1961, Pub. L. 87–360, 75 Stat. 779.)

Amendments

1961—Pub. L. 87–360 inserted “and improve” after “administer”.

Establishment of Parks

The National Zoological Park was established under provisions of the District of Columbia Appropriation Act for the Fiscal Year 1890, act Mar. 2, 1889, ch. 370, §4, 25 Stat. 808, which constituted a commission to select from a certain district along Rock Creek a tract of land, including a section of the creek, suitable for a zoological park, and to purchase the land so selected, or take proceedings for the condemnation thereof, the United States to have title to the land on payment therefor to the owners.

The Rock Creek Park was established by act Sept. 27, 1890, ch. 1001, 26 Stat. 492.

The Potomac Park was established by act Mar. 3, 1897, ch. 375, 29 Stat. 624.

Addition of Lands

Certain parcels of land were added to the National Zoological Park by acts June 5, 1920, ch. 235, §1, 41 Stat. 892; Mar. 4, 1921, ch. 161, §1, 41 Stat. 1384.

Connecting Parkway

Provisions for a parkway connecting Potomac Park with Zoological Park and Rock Creek Park were made by act Mar. 4, 1913, ch. 147, §27, 37 Stat. 885.

§82. Aid in acquisition of collections

The heads of executive departments of the Government are authorized and directed to cause to be rendered all necessary and practicable aid to the said Regents in the acquisition of collections for the Zoological Park.

(Apr. 30, 1890, ch. 173, §3, 26 Stat. 78.)

§83. Report of expenses

A report in detail of the expenses on account of the National Zoological Park shall be made to Congress at the beginning of each regular session.

(Aug. 18, 1894, ch. 301, §1, 28 Stat. 384.)

Similar Provisions

Provisions similar to this section were carried in Sundry Civil Appropriation Acts in the following years:

1893—Mar. 3, 1893, ch. 208, 27 Stat. 582.

1892—Aug. 5, 1892, ch. 380, §1, 27 Stat. 360.

§84. Plans for buildings and bridges

All plans and specifications for the construction of buildings and bridges in the National Zoological Park shall be prepared under the supervision of the Smithsonian Institution.

(Aug. 24, 1912, ch. 355, §1, 37 Stat. 437; 1966 Reorg. Plan No. 4, eff. Aug. 23, 1966, 31 FR 11137, 80 Stat. 1611.)

REORGANIZATION PLAN NO. 4 OF 1966

Eff. Aug. 23, 1966, 31 F.R. 11137, 80 Stat. 1611

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 13, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended [see 5 U.S.C. 901 et seq.].

NATIONAL ZOOLOGICAL PARK BUILDINGS AND BRIDGES

All those functions of the Board of Commissioners of the District of Columbia which were vested in the municipal architect of the District of Columbia by the provisions of the Act of August 24, 1912, c. 355, 37 Stat. 437 (20 U.S.C. 84; D.C. Code [former] §8–134), in respect of buildings of the National Zoological Park, and all functions of that Board which were vested in the engineer of bridges of the District of Columbia by those provisions in respect of bridges of the National Zoological Park, are hereby transferred to the Smithsonian Institution.

Message of the President

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 4 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for a reorganization relating to the National Zoological Park located in the District of Columbia.

Today, all responsibilities for the administration of the park are vested in the Smithsonian Institution with one exception—the function of preparing plans and specifications for the construction of buildings and bridges at the zoo. That statutory responsibility is now conducted by the Board of Commissioners of the District of Columbia [now the Mayor].

Under the accompanying reorganization plan, the responsibility for the preparation of these plans and specifications would be transferred from the District of Columbia Board of Commissioners to the Smithsonian. The complete administration of the park would then be vested in one agency—the Smithsonian Institution. This will allow the more efficient and effective development and management of the park.

In 1912, the functions to be transferred were vested in the Municipal Architect of the District of Columbia and in the Engineers of the Bridges of the District of Columbia. In 1952, they were transferred to the Board of Commissioners.

When the 1912 act was passed, the District of Columbia shared the costs of capital improvements in the National Zoological Park. In 1961, it ceased sharing these costs, and the Federal Government assumed complete responsibility for financing the improvements. Accordingly, the District government retains no capital improvement responsibilities for the National Zoological Park except those functions relating to construction plans and specifications for buildings and bridges, as specified in the 1912 statute. Upon the transfer of these remaining functions to the Smithsonian Institution, the administration of the National Zoological Park will, at last, be fully centered in one agency. It is not practicable at this time, however, to itemize the resulting reduction in expenditures.

I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended.

I recommend that the Congress allow the reorganization plan to become effective.

Lyndon B. Johnson.      

The White House, June 13, 1966.

§85. Concessions

(a) Authorization; use of proceeds for research and educational work

The Board of Regents of the Smithsonian Institution, in furtherance of the mission of the National Zoological Park to provide for the advancement of science and instruction and recreation of the people, is authorized to negotiate agreements granting concessions at the National Zoological Park to nonprofit scientific, educational, or historic organizations. The net proceeds of such organizations gained from such concessions granted under this subsection shall be used exclusively for research and educational work for the benefit of the National Zoological Park.

(b) Voluntary services

The Smithsonian Institution is authorized to accept the voluntary services of such organizations, and the voluntary services of individuals, for the benefit of the National Zoological Park.

(Pub. L. 89–772, Nov. 6, 1966, 80 Stat. 1322.)

CHAPTER 5—GOVERNMENT COLLECTIONS AND INSTITUTIONS FOR RESEARCH, AND MATERIAL FOR EDUCATIONAL INSTITUTIONS

Sec.
91.
Literary and scientific collections accessible to investigators and students.
92.
Admissions to marine biological station for pursuit of investigations.
93, 94.
Repealed.

        

§91. Literary and scientific collections accessible to investigators and students

The facilities for study research and illustration in the Government departments and in the following and any other governmental collections now existing or hereafter to be established in the city of Washington for the promotion of knowledge shall be accessible, under such rules and restrictions as the officers in charge of each department or collection may prescribe, subject to such authority as is now or may hereafter be permitted by law, to the scientific investigators and to duly qualified individuals, students and graduates of any institution of learning in the several States and Territories and the District of Columbia, to wit:

One. Of the Library of Congress.

Two. Of the National Museum.

Three. Of the Patent and Trademark Office.

Four. Of the Department of Education.

Five. Of the Bureau of Ethnology.

Six. Of the Army Medical Museum.

Seven. Of the Department of Agriculture.

Eight. Of the United States Fish and Wildlife Service.

Nine. Of the Botanic Gardens.

Ten. Of the National Ocean Survey.

Eleven. Of the United States Geological Survey.

Twelve. Of the Naval Observatory.

Thirteen. Of the Zoological Park.

Fourteen. Of the Government Printing Office.

(Apr. 12, 1892, No. 8, 27 Stat. 395; Mar. 3, 1901, ch. 831, §1, 31 Stat. 1039; May 14, 1928, ch. 551, §1, 45 Stat. 531; 1939 Reorg. Plan No. II, §4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1120; 1965 Reorg. Plan No. 2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Jan. 2, 1975, Pub. L. 93–596, §3, 88 Stat. 1949; Oct. 17, 1979, Pub. L. 96–88, title III, §301(b)(2), title V, §507, 93 Stat. 678, 692; Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1000.)

Codification

Section is from a resolution adopted Apr. 12, 1892, the Deficiencies Appropriation Act of Mar. 3, 1901, and the Legislative Appropriations Act of May 14, 1928, providing that facilities for study and research be afforded to investigators, students, etc., in the several States and Territories as well as in the District of Columbia.

Change of Name

“United States Geological Survey” substituted for “Geological Survey” in par. Eleven pursuant to provision of title I of Pub. L. 102–154, set out as a note under section 31 of Title 43, Public Lands.

“Patent and Trademark Office” substituted in par. Three for “Patent Office” pursuant to section 3 of Pub. L. 93–596, set out as a note under section 1 of Title 35, Patents.

Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.

Transfer of Functions

Functions of all other officers of Department of Commerce and functions of all agencies and employees of such Department, with a few exceptions, transferred to Secretary of Commerce, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 5 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees. Patents and Trademark Office, and National Ocean Survey, referred to in this section, are agencies within Department of Commerce.

Functions of all other officers of Department of the Interior and functions of all agencies and employees of such Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5.

Fish and Wildlife Service, created by Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, succeeded by United States Fish and Wildlife Service established by act Aug. 8, 1956, ch. 1036, §3, 70 Stat. 1120, which is classified to section 742b of Title 16, Conservation.

Bureau of Fisheries consolidated with Bureau of Biological Survey into Fish and Wildlife Service in Department of the Interior by Reorg. Plan No. III of 1940, set out in the Appendix to Title 5. The Bureau had been previously transferred to Department of the Interior by Reorg. Plan No. II of 1939, §4(e), also set out in the Appendix to Title 5.

For transfer of certain personal property and functions, insofar as they pertain to the Air Force, from Secretary of the Army and Department of the Army, to Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order Nos. 6, eff. Jan. 15, 1948; 39, May 18, 1949; 40 [App. B(69)], July 22, 1949.

“Department of Education” substituted in text for “Office of Education” pursuant to sections 301(b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(b)(2) and 3507 of this title and which transferred Office of Education to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Office of Education transferred to Federal Security Agency by Reorg. Plan No. I of 1939, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424, set out in the Appendix to Title 5.

Office of Education created and placed in Department of the Interior by act of July 20, 1868, ch. 176, 15 Stat. 106, which abolished Department of Education. In appropriation act of July 12, 1870, ch. 251, 16 Stat. 242, the Office was designated Bureau of Education. This designation was retained until the act of May 14, 1930, ch. 273, 46 Stat. 281, 319, which made appropriations for “Office of Education”.

National Museum

National Museum was not created by any express statutory provision for that purpose. It was first mentioned in an appropriation for postage for “the National Museum in the Smithsonian Institution,” contained in act June 20, 1874, ch. 328, §1, 18 Stat. 103. An appropriation for a building for the use of the National Museum was made by act Mar. 3, 1879, ch. 182, §1, 20 Stat. 397, and annual appropriations have continuously been made for expenses of heating, etc., such building.

§92. Admissions to marine biological station for pursuit of investigations

The professors, instructors, and students of the several land-grant, agricultural, and mechanical colleges of the United States shall be admitted to the marine biological station on the Gulf of Mexico on the coast of Florida, to pursue such investigation in fish culture and biology as may be practicable, without cost to the Government, under such rules and regulations as may be from time to time prescribed by the Secretary of Interior.

(Mar. 1, 1911, ch. 189, §2, 36 Stat. 964; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Aug. 1, 1914, ch. 223, §1, 38 Stat. 665; 1939 Reorg. Plan No. II, §4(e), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; 1940 Reorg. Plan No. III, §3, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231.)

Codification

Section consists of section 2 of act Mar. 1, 1911. Section 1 thereof authorizing the establishment of the marine biological station on the Gulf coast of the State of Florida, referred to in text, on the condition that the State of Florida donate the necessary land and water rights, is not classified to the Code. The provisions of said section 1 requiring donation of the required land and water rights by the State were amended by act Aug. 1, 1914, ch. 223, §1, 38 Stat. 665, which authorized the donation of the required land and water rights by a corporation, firm, or individual in addition to the State.

Transfer of Functions

Bureau of Fisheries in Department of Commerce which administered marine biological station referred to in text under supervision of Secretary of Commerce transferred to Department of the Interior under direction of Secretary of the Interior by Reorg. Plan No. II of 1939, set out in the Appendix to Title 5, Government Organization and Employees, and by Reorg. Plan No. III of 1940, set out in the Appendix to Title 5. Bureau of Fisheries consolidated with Bureau of Biological Survey into Fish and Wildlife Service in Department of the Interior and under supervision of Secretary of the Interior, which was succeeded by United States Fish and Wildlife Service, see section 742b of Title 16, Conservation.

“Secretary of Commerce” substituted in text for “Secretary of Commerce and Labor” pursuant to act Mar. 4, 1913, which changed name of Department of Commerce and Labor to Department of Commerce.

Station at Sarasota, Florida

The Fish and Wildlife Service established a marine biological station at Sarasota, Florida, during the year 1948.

Disposal of Station

Secretary of Commerce was authorized to dispose of the marine biological station at Key West, Fla., by act Apr. 29, 1929, ch. 2, 46 Stat. 2.

Under communication of the Fish and Wildlife Service dated Nov. 12, 1940, it was stated the land on which was situated this station was reconveyed to the Key West Realty Company by quit claim deed executed by the Secretary of Commerce.

Cross References

Agricultural and mechanical colleges, see section 301 et seq. of Title 7, Agriculture.

§§93, 94. Repealed. Oct. 31, 1951, ch. 654, §1(41), (42), 65 Stat. 703

Section 93, act Nov. 19, 1919, ch. 118, 41 Stat. 360, which related to sale of machine tools to trade, technical, and public schools and universities, had been transferred to section 1180a of former Title 10, Army and Air Force, and was later repealed by act Oct. 31, 1951.

Section 94, act May 26, 1928, ch. 760, 45 Stat. 753, which related to transfer of obsolete aeronautical equipment to museums, schools and colleges, had been transferred to section 1180b of former Title 10, Army and Air Force, was later repealed by act Oct. 31, 1951. See sections 483 and 484 of Title 40, Public Buildings, Property, and Works.

CHAPTER 6—AMERICAN PRINTING HOUSE FOR THE BLIND

Sec.
101.
Annual appropriations.
102.
Application of appropriations.
103.
Publications for National Library for the Blind.
104.
Annual reports by trustees.
105.
Books for Library of Congress.
106.
Purchases through the General Services Administration.
106a.
Financial and program audit by Secretary.

        

§101. Annual appropriations

For the purpose of enabling the American Printing House for the Blind more adequately to provide books and apparatus for the education of the blind, there is hereby authorized to be appropriated annually to it, such sum as the Congress may determine; which sum shall be expended in accordance with the requirements of sections 101, 102, and 104 of this title, under rules and regulations prescribed by the Secretary of Education, to promote the education of the blind.

(Mar. 3, 1879, ch. 186, §§1, 2, 20 Stat. 468; June 25, 1906, ch. 3536, 34 Stat. 460; Aug. 4, 1919, ch. 31, 41 Stat. 272; Feb. 8, 1927, ch. 76, 44 Stat. 1060; Aug. 23, 1937, ch. 736, 50 Stat. 744; May 22, 1952, ch. 321, 66 Stat. 89; Aug. 2, 1956, ch. 882, §2, 70 Stat. 939; Sept. 22, 1961, Pub. L. 87–294, §4, 75 Stat. 627; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(2)(M), title V, §507, 93 Stat. 678, 692; Nov. 7, 1988, Pub. L. 100–630, title IV, §§402(a), 403, 102 Stat. 3316.)

Codification

Prior to amendment by Pub. L. 100–630, section was comprised of two sentences. The first sentence was based on provisions of acts Mar. 3, 1879, and June 25, 1906, and established a perpetual trust fund for purposes of aiding education of the blind in the United States through the American Printing House for the Blind and a permanent annual appropriation thereof, to be expended for purposes authorized by sections 101, 102, and 104 of this title. The second sentence was based on provisions of act Aug. 4, 1919, as amended. See 1988 Amendment note below.

Amendments

1988—Pub. L. 100–630, §402(a), which provided that the perpetual trust fund and permanent annual appropriations thereof established by the Act of Mar. 3, 1879, as amended by the Act of June 25, 1906, are terminated, was executed by striking the first sentence of this section which read as follows: “The sum of $250,000, set apart as a perpetual trust fund for the purpose of aiding the education of the blind in the United States, through the American Printing House for the Blind, shall be credited on the books of the Treasury Department as a perpetual trust fund for that purpose, to be held by the Secretary of the Treasury; and the sum of $10,000, being equivalent to 4 per centum on the principal of said trust fund, is appropriated, out of any moneys in the Treasury not otherwise appropriated, and such appropriation shall be deemed a permanent annual appropriation and shall be expended in the manner and for the purposes authorized by sections 101, 102, and 104 of this title.” See Codification note above.

Pub. L. 100–630, §403, struck out “In addition to the permanent appropriation of $10,000, made in this section”.

1961—Pub. L. 87–294 struck out provisions which authorized an annual appropriation of not more than $400,000, inserted provisions authorizing an annual appropriation of such sum as the Congress may determine, and required expenditure of such sum under rules and regulations prescribed by the Secretary of Health, Education, and Welfare.

1956—Act Aug. 2, 1956, increased appropriation authorization from $250,000 to $400,000.

1952—Act May 22, 1952, amended second sentence generally, increasing appropriation authorization from $115,000 to $250,000.

1937—Act Aug. 23, 1937, amended second sentence generally, increasing appropriation authorization from $65,000 to $115,000.

1927—Act Feb. 8, 1927, amended second sentence generally, increasing appropriation authorization from $40,000 to $65,000.

Effective Date of 1988 Amendment

Section 402(b) of Pub. L. 100–630 provided that: “This section [amending this section] shall take effect on October 1, 1989.”

Effective Date of 1961 Amendment

Section 5 of Pub. L. 87–294 provided that: “The amendments made by this Act [amending this section and section 102 of this title] shall be effective immediately after the date of its enactment [Sept. 22, 1961].”

Short Title of 1988 Amendment

Section 401 of title IV of Pub. L. 100–630 provided that: “This title [amending this section and enacting provisions set out as notes under this section] may be cited as the ‘American Printing House for the Blind Amendments of 1988’.”

Transfer of Functions

“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Functions of Secretary of the Treasury over administration of appropriations for American Printing House for Blind (except function relating to administration of perpetual trust fund) transferred to Federal Security Agency, and annual report and vouchers of trustees directed to be furnished to Federal Security Administrator by Reorg. Plan No. II of 1939, §201(b), eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1434, set out in the Appendix to Title 5.

Compensation to American Printing House for the Blind for Vested Rights

Section 404 of Pub. L. 100–630 provided that: “Any and all rights of the American Printing House for the Blind determined to have vested in the perpetual trust fund established by the Act of March 3, 1879 [see Codification note above], shall be deemed to be compensated by the appropriation to the American Printing House for the Blind for fiscal year 1990.”

Ineffectiveness of References to Perpetual Trust Fund and Annual Appropriations

Section 405 of Pub. L. 100–630 provided that: “Notwithstanding any Federal law, reference to the perpetual trust fund and permanent annual appropriations thereof established by the Act of March 3, 1879 [see Codification note above], shall not be given any effect.”

Cross References

Classification of fund for education of the blind as a trust fund, see section 1321 of Title 31, Money and Finance.

Section Referred to in Other Sections

This section is referred to in sections 102, 105 of this title.

§102. Application of appropriations

The Secretary of Education is authorized to pay over semiannually, to the trustees of the American Printing House for the Blind, located in Louisville, Kentucky, and chartered in 1858 by the Legislature of Kentucky, upon requisition of their president, countersigned by their treasurer, one-half of such annual appropriation upon the following conditions:

(1) Purposes and methods of expenditures

First. (A) Such appropriation shall be expended by the trustees of the American Printing House for the Blind each year in manufacturing and furnishing books and other materials specially adapted for instruction of the blind; and the total amount of such books and other materials so manufactured and furnished by such appropriation shall each year be distributed among all the public and private nonprofit institutions in the States, Territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, in which blind pupils are educated. Each public and private nonprofit institution for the education of the blind shall receive, in books and other materials, upon requisition of its superintendent, that portion of the appropriation as is shown by the ratio between the number of blind pupils in that institution and the total number of blind pupils in all of the public and private nonprofit institutions in which blind pupils are educated. Each chief State school officer shall receive, in books and other materials, upon requisition, that portion of the appropriation as is shown by the ratio between the number of blind pupils in public and private nonprofit institutions (in the State) in which blind pupils are educated, other than institutions to which the preceding sentence is applicable, and the total number of blind pupils in the public and private nonprofit institutions in which blind pupils are educated in all of the States, Territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. The ratio referred to in each of the two immediately preceding sentences shall be computed upon the first Monday in January of each year; and for purposes of such sentences the number of blind pupils in public and private nonprofit institutions in which blind pupils are educated shall be authenticated in such manner and as often as the trustees of the American Printing House for the Blind shall require. For purposes of sections 101, 102, and 104 of this title, an institution for the education of the blind is any institution which provides education exclusively for the blind, or exclusively for the blind and other handicapped children (in which case special classes are provided for the blind); the chief State school officer of a State is the superintendent of public elementary and secondary schools in such State or, if there is none, such other official as the Governor certifies to have comparable responsibility in the State; and a blind pupil is a blind individual pursuing a course of study in an institution of less than college grade.

(B) The portion of the appropriation received by each chief State school officer, in such books and other materials under subparagraph (A) of this paragraph which represents the number of blind pupils in private nonprofit institutions in such State in which blind pupils are educated shall be distributed among such institutions on the basis of the number of blind pupils in each such institution as compared to the total number of such pupils in all of the private nonprofit institutions in which blind pupils are educated in such State.

(C) All books and other materials furnished pursuant to sections 101, 102, and 104 of this title, and control and administration of their use, shall vest only in a public agency. Such books and materials made available pursuant to sections 101, 102 and 104 of this title for use of teachers and blind pupils in any State, Territory, or possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia in any school shall be limited to those books and materials which have been approved by an appropriate educational authority or agency of such State, Territory, possession, Commonwealth, or District, or any local educational authority thereof, for use, or are used, in a public elementary or secondary school therein.

(2) Buildings

Second. No part of the appropriation shall be expended in the erection or leasing of buildings; but the trustees of the American Printing House for the Blind may use each year a reasonable sum of the annual appropriation for salaries and other expenses of experts and other staff to assist special committees which may be appointed in performance of their functions, and for expenses of such special committees.

(3) Sales of books and apparatus at cost

Third. No profit shall be put on any books or tangible apparatus for the instruction of the blind manufactured or furnished by the trustees of said American Printing House for the Blind, located in Louisville, Kentucky; and the price put upon each article so manufactured or furnished shall only be its actual cost.

(4) Income withheld when not properly used

Fourth. The Secretary of the Treasury of the United States shall have the authority to withhold the appropriation whenever he shall receive satisfactory proof that the trustees of said American Printing House for the Blind, located in Louisville, Kentucky, are not using the appropriation for the benefit of the blind in the public and private nonprofit institutions for the education of the blind in the United States.

(5) Bond of treasurer

Fifth. Before any money be paid to the treasurer of the American Printing House for the Blind by the Secretary of the Treasury of the United States, the treasurer of the American Printing House for the Blind shall execute a bond, with two approved sureties, to the amount of $20,000, conditioned that the money so received shall be expended according to this law and all amendments thereto, which shall be held by the Secretary of the Treasury of the United States, and shall be renewed every two years.

(6) Ex officio trustees

Sixth. The superintendent of each public institution for the education of the blind (or his designee) and the chief State school officer (or his designee), of each State and possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, shall each, ex officio, be a member of the Board of Trustees of the American Printing House for the Blind only for purposes of administering sections 101, 102 and 104 of this title.

(Mar. 3, 1879, ch. 186, §3, 20 Stat. 468; June 25, 1906, ch. 3536, 34 Stat. 460; Aug. 2, 1956, ch. 882, §1, 70 Stat. 938; Sept. 22, 1961, Pub. L. 87–294, §§1–3, 75 Stat. 627; Apr. 13, 1970, Pub. L. 91–230, title VIII, §811(a), (b), 84 Stat. 194, 195; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(2)(M), title V, §507, 93 Stat. 678, 692.)

Codification

For purposes of codification, the provisions of section 3 of act Mar. 3, 1879, were changed as follows: provision providing for payment of the semi-annual interest upon the bonds was substituted for one providing for payment of one-half the annual appropriation, the word “income” was substituted for “appropriation”, and the word “interest” was substituted for “money” in par. (5), to conform to the modification of act Mar. 3, 1879, by act June 25, 1906, as shown in the note set out under section 101 of this title.

Amendments

1970—Par. First. Pub. L. 91–230, §811(a), designated existing provisions as subpar. (A), made provisions applicable to private nonprofit institutions, and added subpars. (B) and (C).

Par. Fourth. Pub. L. 91–230, §811(b), made provisions applicable to private nonprofit institutions.

1961—Pub. L. 87–294, §1, substituted “Secretary of Health, Education, and Welfare” for “Secretary of the Treasury of the United States” and struck out “permanent” before “annual appropriation” in opening clause.

Par. Second. Pub. L. 87–294, §2, authorized the trustees to use each year a reasonable sum of the annual appropriation for salaries and other expenses of experts and other staff to assist special committees which may be appointed in performance of their functions, and for expenses of such special committees.

Par. Sixth. Pub. L. 87–294, §3, substituted “superintendent of each public institution for the education of the blind (or his designee) and the chief State school officer (or his designee), of each State and possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, shall” for “superintendents of the various public institutions for the education of the blind in the United States shall”, and limited the duties of the Board to the administration of sections 101, 102, and 104 of this title.

1956—Par. First. Act Aug. 2, 1956, authorized wider distribution of books and other special instructional material for the blind.

Effective Date of 1961 Amendment

Amendment by Pub. L. 87–294 effective immediately after Sept. 22, 1961, see section 5 of Pub. L. 87–294, set out as a note under section 101 of this title.

Transfer of Functions

“Secretary of Education” substituted for “Secretary of Health, Education, and Welfare” in provision preceding par. (1) pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions with respect to American Printing House for the Blind to Federal Security Agency, see note set out under section 101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 101, 105 of this title.

§103. Publications for National Library for the Blind

Two copies of each of the publication printed by the American Printing House for the Blind shall be furnished free of charge to the National Library for the Blind located at 1729 H Street Northwest, Washington, District of Columbia.

(Nov. 4, 1919, ch. 93, §1, 41 Stat. 332.)

§104. Annual reports by trustees

The trustees of said American Printing House for the Blind shall annually make to the Secretary of Education a report of the items of their expenditure of the appropriation aforesaid during the year preceding their report, and shall annually furnish him with a voucher from each public or private nonprofit institution for the education of the blind, showing that the amount of books and tangible apparatus due has been received.

(Mar. 3, 1879, ch. 186, §4, 20 Stat. 469; June 25, 1906, ch. 3536, 34 Stat. 460; 1939 Reorg. Plan No. II, §201(b), eff. July 1, 1939, 4 F.R. 2732, 53 Stat. 1434; 1953 Reorg. Plan No. 1, §5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 13, 1970, Pub. L. 91–230, title VIII, §811(c), 84 Stat. 195; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(2)(M), title V, §507, 93 Stat. 678, 692.)

Codification

The word “appropriation” substituted in text for “income” to conform to the modification of act Mar. 3, 1879, by act June 25, 1906, as shown in the note set out under section 101 of this title.

Amendments

1970—Pub. L. 91–230 made provision applicable to a private nonprofit institution.

Transfer of Functions

“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions with respect to American Printing House for the Blind to Federal Security Agency, see note set out under section 101 of this title.

Section Referred to in Other Sections

This section is referred to in sections 101, 102, 105 of this title.

§105. Books for Library of Congress

The distribution of embossed books manufactured by the American Printing House for the Blind at Louisville, Kentucky, out of the income of the fund provided by sections 101, 102, and 104 of this title, shall include one copy of every book so manufactured to be deposited in the Library of Congress at Washington.

(Mar. 4, 1913, ch. 142, §1, 37 Stat. 748.)

§106. Purchases through the General Services Administration

On and after September 8, 1978, the American Printing House for the Blind is authorized to make purchases through the General Services Administration.

(Pub. L. 95–355, title I, §100, Sept. 8, 1978, 92 Stat. 531.)

Codification

Section is from the Second Supplemental Appropriations Act, 1978, and contained additional provisions relating to purchases by Howard University, Gallaudet University, and the National Technical Institute for the Deaf, which are set out in sections 130 and 4362 of this title.

§106a. Financial and program audit by Secretary

Funds appropriated in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts to the American Printing House for the Blind shall be subject to financial and program audit by the Secretary of Education and the Secretary may withhold all or any portion of these appropriations if he determines that an institution has not cooperated fully in the conduct of such audits.

(Pub. L. 102–394, title III, §301, Oct. 6, 1992, 106 Stat. 1819.)

Codification

Section is from the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993, and contained additional provisions relating to Howard University, Gallaudet University, and the National Technical Institute for the Deaf, which are set out as sections 130a and 4363 of this title, respectively.

CHAPTER 6A—VENDING FACILITIES FOR BLIND IN FEDERAL BUILDINGS

Sec.
107.
Operation of vending facilities.
(a)
Authorization.
(b)
Preferences regulations; justification for limitation on operation.
107a.
Federal and State responsibilities.
(a)
Functions of Secretary; surveys; designation of State licensing agencies; qualifications for license; evaluation of programs.
(b)
Duty of State licensing agencies to prefer blind.
(c)
Selection of location and type of facility.
(d)
Buildings occupied by United States departments, agencies, and instrumentalities required to provide sites for facilities; exceptions.
(e)
State licensing agency in States having vocational rehabilitation plans.
107b.
Application for designation as State licensing agency; cooperation with Secretary; furnishing initial stock.
107b–1.
Access to information with State licensing agencies; election and responsibilities of Committee of Blind Vendors.
107b–2.
Omitted.
107b–3.
Audit of nonappropriated fund activities.
107c.
Repealed.
107d.
Expenditures.
(a)
Personal services, rent, printing, etc.
(b)
Preference to blind persons in employment.
107d–1.
Grievances of blind licensees.
(a)
Hearing and arbitration.
(b)
Noncompliance by Federal departments and agencies; complaints by State licensing agencies; arbitration.
107d–2.
Arbitration.
(a)
Notice and hearing.
(b)
Composition of panel; designation of chairman; termination of violations.
(c)
Publication of decisions in Federal Register.
(d)
Payment of costs by the Secretary.
107d–3.
Vending machine income.
(a)
Accrual to blind licensee and alternatively to State agency; ceiling on amount for individual licensee.
(b)
Direct competition between vending machine and vending facility; proportion of accrued income from such vending machines for individual licensee.
(c)
Disposal of accrued vending machine income by State licensing agency.
(d)
Income from vending machines in certain locations excepted.
(e)
Regulations establishing priority for operation of cafeterias.
(f)
Existing arrangements more favorable to blind licensees unaffected.
(g)
Regulations for compliance.
107d–4.
Training programs for maximum vocational potential for blind.
107e.
Definitions.
107e–1.
Repealed.
107f.
Authorization of appropriations.

        

Chapter Referred to in Other Sections

This chapter is referred to in section 3441 of this title.

§107. Operation of vending facilities

(a) Authorization

For the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under the provisions of this chapter shall be authorized to operate vending facilities on any Federal property.

(b) Preferences regulations; justification for limitation on operation

In authorizing the operation of vending facilities on Federal property, priority shall be given to blind persons licensed by a State agency as provided in this chapter; and the Secretary, through the Commissioner, shall, after consultation with the Administrator of General Services and other heads of departments, agencies, or instrumentalities of the United States in control of the maintenance, operation, and protection of Federal property, prescribe regulations designed to assure that—

(1) the priority under this subsection is given to such licensed blind persons (including assignment of vending machine income pursuant to section 107d–3 of this title to achieve and protect such priority), and

(2) wherever feasible, one or more vending facilities are established on all Federal property to the extent that any such facility or facilities would not adversely affect the interests of the United States.


Any limitation on the placement or operation of a vending facility based on a finding that such placement or operation would adversely affect the interests of the United States shall be fully justified in writing to the Secretary, who shall determine whether such limitation is justified. A determination made by the Secretary pursuant to this provision shall be binding on any department, agency, or instrumentality of the United States affected by such determination. The Secretary shall publish such determination, along with supporting documentation, in the Federal Register.

(June 20, 1936, ch. 638, §1, 49 Stat. 1559; Aug. 3, 1954, ch. 655, §4(a), 68 Stat. 663; Dec. 7, 1974, Pub. L. 93–516, title II, §202, 88 Stat. 1623; Nov. 21, 1974, Pub. L. 93–651, title II, §202, 89 Stat. 2–8.)

Codification

The content of Pub. L. 93–516, including provisions thereof which amended and enacted various sections of this chapter, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this chapter should be deemed to have been amended by Pub. L. 93–651, Nov. 21, 1974, 89 Stat. 2–3, in exactly the same manner as it was amended by Pub. L. 93–516.

Amendments

1974—Subsec. (a). Pub. L. 93–516 designated first sentence of existing provisions as subsec. (a), substituted “purposes” for “purpose”, “vending facilities” for “vending stands”, and struck out “where such vending stands may be properly and satisfactorily operated by blind persons”. An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsec. (b). Pub. L. 93–516 designated second sentence of existing provisions as subsec. (b), in the provisions preceding par. (1) of subsec. (b) as so designated, substituted reference to vending facilities for reference to vending stands, substituted provisions requiring that priority be given to blind persons for provisions requiring that preference be given so far as feasible to blind persons, substituted provisions authorizing the Secretary after consultation with the Administrator of General Services, and other heads of departments, agencies, or instrumentalities of the United States in control of maintenance, operation, and protection of Federal property to prescribe regulations for provisions authorizing the head of each department or agency in control of the maintenance, operation, and protection of Federal property after consultation with the Secretary and with the approval of the President to prescribe regulations, struck out provisions that such regulations assure such preference including assignment of vending machine income to achieve and protect such preference for such blind persons without unduly inconveniencing such departments and agencies or adversely affecting the interests of the United States, and added pars. (1) and (2) and provisions following par. (2). An identical amendment was made by Pub. L. 93–651. See Codification note above.

1954—Act Aug. 3, 1954, provided that in authorizing the operation of vending stands preference shall be given, so far as feasible, to blind persons.

Effective Date of 1954 Amendment

Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954.

Short Title of 1974 Amendment

Section 200 of title II of Pub. L. 93–516 provided that: “This title [enacting sections 107b–1 to 107b–3 and 107d–1 to 107d–4 of this title, amending this section, sections 107a, 107b, 107d, 107e of this title, and section 5108 of Title 5, Government Organization and Employees, repealing sections 107c and 107e–1 of this title, and enacting provisions set out as notes under this section and section 702 of Title 29, Labor] may be cited as the ‘Randolph-Sheppard Act Amendments of 1974’.”

An identical provision is in section 200 of Pub. L. 93–651. See Codification note above.

Short Title of 1954 Amendment

Section 1 of act Aug. 3, 1954, provided that: “This Act [enacting section 107e–1 of this title and amending this section and sections 107a, 107b, 107e, and 107f of this title and sections 31 to 41, 42, 49b, and 49g of Title 29, Labor] may be cited as the ‘Vocational Rehabilitation Amendments of 1954’.”

Short Title

Act June 20, 1936, ch. 638, 49 Stat. 1559, which enacted this chapter, is popularly known as the “Randolph-Sheppard Vending Stand Act”. It is also known as the “Randolph-Sheppard Act”.

Congressional Findings

Section 201 of Pub. L. 93–516 provided that: “The Congress finds—

“(1) after review of the operation of the blind vending stand program authorized under the Randolph-Sheppard Act of June 20, 1936 [this chapter], that the program has not developed, and has not been sustained, in the manner and spirit in which the Congress intended at the time of its enactment, and that, in fact, the growth of the program has been inhibited by a number of external forces;

“(2) that the potential exists for doubling the number of blind operators on Federal and other property under the Randolph-Sheppard program within the next five years, provided the obstacles to growth are removed, that legislative and administrative means exist to remove such obstacles, and that Congress should adopt legislation to that end; and

“(3) that at a minimum the following actions must be taken to insure the continued vitality and expansion of the Randolph-Sheppard program—

“(A) establish uniformity of treatment of blind vendors by all Federal departments, agencies, and instrumentalities,

“(B) establish guidelines for the operation of the program by State licensing agencies,

“(C) require coordination among the several entities with responsibility for the program,

“(D) establish a priority for vending facilities operated by blind vendors on Federal property,

“(E) establish administrative and judicial procedures under which fair treatment of blind vendors, State licensing agencies, and the Federal Government is assured,

“(F) require stronger administration and oversight functions in the Federal office carrying out the program, and

“(G) accomplish other legislative and administrative objectives which will permit the Randolph-Sheppard program to flourish.”

An identical provision is in section 201 of Pub. L. 93–651. See Codification note above.

Cross References

Seeing-eye dogs for blind veterans, see section 1714 of Title 38, Veterans’ Benefits.

Section Referred to in Other Sections

This section is referred to in sections 107a, 107d–1 of this title; title 39 section 410.

§107a. Federal and State responsibilities

(a) Functions of Secretary; surveys; designation of State licensing agencies; qualifications for license; evaluation of programs

The Secretary of Education shall—

(1) Insure that the Rehabilitation Services Administration is the principal agency for carrying out this chapter; and the Commissioner shall, within one hundred and eighty days after enactment of the Randolph-Sheppard Act Amendments of 1974, establish requirements for the uniform application of this chapter by each State agency designated under paragraph (5) of this subsection, including appropriate accounting procedures, policies on the selection and establishment of new vending facilities, distribution of income to blind vendors, and the use and control of set-aside funds under section 107b(3) of this title;

(2) Through the Commissioner, make annual surveys of concession vending opportunities for blind persons on Federal and other property in the United States, particularly with respect to Federal property under the control of the General Services Administration, the Department of Defense, and the United States Postal Service;

(3) Make surveys throughout the United States of industries with a view to obtaining information that will assist blind persons to obtain employment;

(4) Make available to the public, and especially to persons and organizations engaged in work for the blind, information obtained as a result of such surveys;

(5) Designate as provided in section 107b of this title the State agency for the blind in each State, or, in any State in which there is no such agency, some other public agency to issue licenses to blind persons who are citizens of the United States for the operating of vending facilities on Federal and other property in such State for the vending of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the State licensing agency, and including the vending or exchange of chances for any lottery authorized by State law and conducted by an agency of a State; and

(6) Through the Commission,1 (A) conduct periodic evaluations of the program authorized by this chapter, including upward mobility and other training required by section 107d–4 of this title, and annually submit to the appropriate committees of Congress a report based on such evaluations, and (B) take such other steps, including the issuance of such rules and regulations, as may be necessary or desirable in carrying out the provisions of this chapter.

(b) Duty of State licensing agencies to prefer blind

The State licensing agency shall, in issuing each such license for the operation of a vending facility, give preference to blind persons who are in need of employment. Each such license shall be issued for an indefinite period but may be terminated by the State licensing agency if it is satisfied that the facility is not being operated in accordance with the rules and regulations prescribed by such licensing agency. Such licenses shall be issued only to applicants who are blind within the meaning of section 107e of this title.

(c) Selection of location and type of facility

The State licensing agency designated by the Secretary is authorized, with the approval of the head of the department or agency in control of the maintenance, operation, and protection of the Federal property on which the facility is to be located but subject to regulations prescribed pursuant to section 107 of this title, to select a location for such facility and the type of facility to be provided.

(d) Buildings occupied by United States departments, agencies, and instrumentalities required to provide sites for facilities; exceptions

(1) After January 1, 1975, no department, agency, or instrumentality of the United States shall undertake to acquire by ownership, rent, lease, or to otherwise occupy, in whole or in part, any building unless, after consultation with the head of such department, agency, or instrumentality and the State licensing agency, it is determined by the Secretary that (A) such building includes a satisfactory site or sites for the location and operation of a vending facility by a blind person, or (B) if a building is to be constructed, substantially altered, or renovated, or in the case of a building that is already occupied on such date by such department, agency, or instrumentality, is to be substantially altered or renovated for use by such department, agency, or instrumentality, the design for such construction, substantial alteration, or renovation includes a satisfactory site or sites for the location and operation of a vending facility by a blind person. Each such department, agency, or instrumentality shall provide notice to the appropriate State licensing agency of its plans for occupation, acquisition, renovation, or relocation of a building adequate to permit such State agency to determine whether such building includes a satisfactory site or sites for a vending facility.

(2) The provisions of paragraph (1) shall not apply (A) when the Secretary and the State licensing agency determine that the number of people using the property is or will be insufficient to support a vending facility, or (B) to any privately owned building, any part of which is leased by any department, agency, or instrumentality of the United States and in which, (i) prior to the execution of such lease, the lessor or any of his tenants had in operation a restaurant or other food facility in a part of the building not included in such lease, and (ii) the operation of such a vending facility by a blind person would be in proximate and substantial direct competition with such restaurant or other food facility except that each such department, agency, and instrumentality shall make every effort to lease property in privately owned buildings capable of accommodating a vending facility.

(3) For the purposes of this subsection, the term “satisfactory site” means an area determined by the Secretary to have sufficient space, electrical and plumbing outlets, and such other facilities as the Secretary may by regulation prescribe, for the location and operation of a vending facility by a blind person.

(e) State licensing agency in States having vocational rehabilitation plans

In any State having an approved plan for vocational rehabilitation pursuant to the Vocational Rehabilitation Act or the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], the State licensing agency designated under paragraph (5) of subsection (a) of this section shall be the State agency designated under section 101(a)(1)(A) of such Rehabilitation Act of 1973 [29 U.S.C. 721(a)(1)(A)].

(June 20, 1936, ch. 638, §2, 49 Stat. 1559; 1939 Reorg. Plan No. I, §§201, 204, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1946 Reorg. Plan No. 2, §6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 3, 1954, ch. 655, §4(b)–(d), 68 Stat. 663; Dec. 7, 1974, Pub. L. 93–516, title II, §203, 88 Stat. 1623; Nov. 21, 1974, Pub. L. 93–651, title II, §203, 89 Stat. 2–8; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(4)(B), title V, §507, 93 Stat. 678, 692.)

References in Text

For the date of the enactment of the Randolph-Sheppard Act Amendments of 1974, referred to in subsec. (a)(1), see Codification note below.

The Vocational Rehabilitation Act, referred to in subsec. (e), is act June 2, 1920, ch. 219, 41 Stat. 735, as amended, which was classified to chapter 4 (§31 et seq.) of Title 29, Labor, and was repealed by Pub. L. 93–112, title V, §500(a), Sept. 26, 1973, 87 Stat. 357. Such section 500, classified to section 790 of Title 29, provides in part that references to the Vocational Rehabilitation Act in any other provision of law shall be deemed to be references to the Rehabilitation Act of 1973.

The Rehabilitation Act of 1973, referred to in subsec. (e), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Codification

The content of Pub. L. 93–516, including provisions of section 203 thereof which amended this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 1422 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended by Pub. L. 93–651, title II, §203, Nov. 21, 1974, 89 Stat. 2–8, 2–9, in exactly the same manner as it was amended by Pub. L. 93–516, Dec. 7, 1974, 88 Stat. 1617.

Amendments

1974—Subsec. (a)(1). Pub. L. 93–516, §203(a)(1), added par. (1). Former par. (1) redesignated (2). An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsec. (a)(2). Pub. L. 93–516, §203(a)(1), (2), redesignated former par. (1) as (2) and substituted “Through the Commissioner, make annual surveys of concessions vending opportunities for blind persons on Federal and other property in the United States, particularly with respect to Federal property under the control of the General Services Administration, the Department of Defense, and the United States Postal Service” for “Make surveys of concession-stand opportunities for blind persons on Federal and other property in the United States”. Former par. (2) redesignated (3). An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsec. (a)(3). Pub. L. 93–516, §203(a)(1), redesignated former par. (2) as (3). Former par. (3) redesignated (4). An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsec. (a)(4). Pub. L. 93–516, §203(a)(1), redesignated former par. (3) as (4). Former par. (4) redesignated (5). An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsec. (a)(5). Pub. L. 93–516, §203(a)(1), (3), redesignated former par. (4) as (5), substituted “State agency for the blind in each State, or, in any State in which there is no such agency, some other public agency to issue licenses to blind persons who are citizens of the United States for the operating of vending facilities” for “State commission for the blind in each State, or, in any State in which there is no such commission, some other public agency to issue licenses to blind persons who are citizens of the United States and at least twenty-one years of age for the operating of vending stands”, and “foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws, as determined by the State licensing agency, and including the vending or exchange of chances for any lottery authorized by State law and conducted by an agency of a State” for “articles dispensed automatically or in containers or wrapping in which they are placed before receipt by the vending stand, and such other articles as may be approved for each property by the department or agency in control of the maintenance, operation, and protection thereof and the State licensing agency in accordance with the regulations prescribed pursuant to section 107 of this title”, and struck out proviso that effective four years after the enactment of the Vocational Rehabilitation Amendments of 1954, in States having an approved plan for vocational rehabilitation pursuant to the Vocational Rehabilitation Act, the licensing agency to be designated hereunder shall be the State agency designated pursuant to section 35(a)(1) of title 29 as the sole agency with respect to vocational rehabilitation of the blind, and that prior to such time, no license shall be granted except upon certification by a vocational rehabilitation agency that the individual is qualified to operate a vending stand. An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsec. (a)(6). Pub. L. 93–516, §203(a)(1), (4), redesignated former par. (5) as (6), substantially reenacted existing provisions in cl. (B), and added cl. (A) and provisions preceding cl. (A). An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsec. (b). Pub. L. 93–516, §203(b), substituted “operation of a vending facility” for “operation of a vending stand”, struck out one year residency requirement for giving preference, and in provisions relating to qualifications of applicants, struck out “but are able, in spite of such infirmity, to operate such stands”. An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsec. (c). Pub. L. 93–516, §203(c), substituted “facility” for “stand” in three places. An identical amendment was made by Pub. L. 93–651. See Codification note above.

Subsecs. (d), (e). Pub. L. 93–516, §203(d), added subsecs. (d) and (e). An identical amendment was made by Pub. L. 93–651. See Codification note above.

1954—Act Aug. 3, 1954, added to the list of articles which may be vended, articles dispensed automatically or in containers or wrappings received by the stand and to provide that after four years the agency designated under section 35(a)(1) of title 29 shall be the sole State agency for vocational rehabilitation of the blind and to require, prior to that time, certification by agencies as a condition for issuing licenses.

Effective Date of 1954 Amendment

Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954.

Transfer of Functions

“Secretary of Education” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a) pursuant to sections 301(a)(4)(B) and 507 of Pub. L. 96–88 which are classified to sections 3441(a)(4)(B) and 3507 of this title and which transferred functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.

For transfer of functions and offices of Secretary and Department of Health, Education, and Welfare, including Rehabilitation Services Administration and Commissioner thereof, to Secretary and Department of Education, and for delegation of certain functions of Secretary of Education under this chapter to Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of this title.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

“Federal Security Administrator” substituted for “Office of Education under the Federal Security Agency, subject to the direction of the Commissioner of Education and such rules and regulations as he may, with the approval of the Federal Security Administrator, prescribe” in subsec. (a) and for “Office of Education” in subsec. (c) by Reorg. Plan No. 2 of 1946, set out in the Appendix to Title 5, which transferred functions of Office of Education and Commissioner of Education under sections 107 to 107f of this title to Federal Security Administrator. Federal Security Agency Order 62, July 16, 1946, 11 F.R. 7943, provided that these functions shall be performed under supervision and direction of Commissioner for Special Services by Director of Vocational Rehabilitation and such officers and employees of Office of Vocational Rehabilitation as Director shall designate.

Office of Education originally established in Department of the Interior from which it was transferred to Federal Security Agency by Reorg. Plan No. I of 1939, §201, which is set out in the Appendix to Title 5.

Section Referred to in Other Sections

This section is referred to in section 107e of this title; title 23 section 111.

1 So in original. Probably should be “Commissioner,”.

§107b. Application for designation as State licensing agency; cooperation with Secretary; furnishing initial stock

A State agency for the blind or other State agency desiring to be designated as the licensing agency shall, with the approval of the chief executive of the State, make application to the Secretary and agree—

(1) to cooperate with the Secretary in carrying out the purpose of this chapter;

(2) to provide for each licensed blind person such vending facility equipment, and adequate initial stock of suitable articles to be vended therefrom, as may be necessary: Provided, however, That such equipment and stock may be owned by the licensing agency for use of the blind, or by the blind individual to whom the license is issued: And provided further, That if ownership of such equipment is vested in the blind licensee, (A) the State licensing agency shall retain a first option to repurchase such equipment and (B) in the event such individual dies or for any other reason ceases to be a licensee or transfers to another vending facility, ownership of such equipment shall become vested in the State licensing agency (for transfer to a successor licensee) subject to an obligation on the part of the State licensing agency to pay to such individual (or to his estate) the fair value of his interest therein as later determined in accordance with regulations of the State licensing agency and after opportunity for a fair hearing;

(3) that if any funds are set aside, or caused to be set aside, from the net proceeds of the operation of the vending facilities such funds shall be set aside, or caused to be set aside, only to the extent necessary for and may be used only for the purposes of (A) maintenance and replacement of equipment; (B) the purchase of new equipment; (C) management services; (D) assuring a fair minimum return to operators of vending facilities; and (E) retirement or pension funds, health insurance contributions, and provision for paid sick leave and vacation time, if it is determined by a majority vote of blind licensees licensed by such State agency, after such agency provides to each such licensee full information on all matters relevant to such proposed program, that funds under this paragraph shall be set aside for such purposes: Provided, however, That in no event shall the amount of such funds to be set aside from the net proceeds of any vending facility exceed a reasonable amount which shall be determined by the Secretary;

(4) to make such reports in such form and containing such information as the Secretary may from time to time require and to comply with such provisions as he may from time to time find necessary to assure the correctness and verification of such reports;

(5) to issue such regulations, consistent with the provisions of this chapter, as may be necessary for the operation of this program;

(6) to provide to any blind licensee dissatisfied with any action arising from the operation or administration of the vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 107d–1 of this title.

(June 20, 1936, ch. 638, §3, 49 Stat. 1560; 1946 Reorg. Plan No. 2, §6, eff. July 16, 1946, 11 F.R 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 3, 1954, ch. 655, §4(e), 68 Stat. 664; Dec. 7, 1974, Pub. L. 93–516, title II, §204, 88 Stat. 1625; Nov. 21, 1974, Pub. L. 93–651, title II, §204, 89 Stat. 2–10.)

Codification

The content of Pub. L. 93–516, including provisions of section 204 thereof which amended this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended by Pub. L. 93–651, title II, §204, Nov. 21, 1974, 89 Stat. 2–10, in exactly the same manner as it was amended by Pub. L. 93–516.

Amendments

1974—Pub. L. 93–516, §204(a)(1), substituted “A State agency” for “A State commission” in provisions preceding par. (1). An identical amendment was made by Pub. L. 93–651. See Codification note above.

Par. (2). Pub. L. 93–516, §204(a)(2), substituted “vending facility” for “vending stand” in two places. An identical amendment was made by Pub. L. 93–651. See Codification note above.

Par. (3). Pub. L. 93–516, §204(a)(2), (b), (c), in provisions preceding subpar. (A), substituted “the net proceeds of the operation of the vending facilities” for “the proceeds of the operation of the vending stands”, in subpar. (D), substituted “vending facilities” for “vending stands”, added subpar. (E), and in proviso following subpar. (E) substituted “the net proceeds of any vending facility” for “the proceeds of any vending stand”. An identical amendment was made by Pub. L. 93–651. See Codification note above.

Par. (6). Pub. L. 93–516, §204(a)(3), substituted “vending facility program an opportunity for a fair hearing, and to agree to submit the grievances of any blind licensee not otherwise resolved by such hearing to arbitration as provided in section 107d–1 of this title” for “vending stand program an opportunity for a fair hearing”. An identical amendment was made by Pub. L. 93–651. See Codification note above.

1954—Act Aug. 3, 1954, amended section generally and, among other changes, added pars. (3) to (6).

Effective Date of 1954 Amendment

Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954.

Transfer of Functions

For transfer of functions, see note set out under section 107a of this title.

Section Referred to in Other Sections

This section is referred to in sections 107a, 107d–1, 107d–3 of this title.

§107b–1. Access to information with State licensing agencies; election and responsibilities of Committee of Blind Vendors

In addition to other requirements imposed in this title and in this chapter upon State licensing agencies, such agencies shall—

(1) provide to each blind licensee access to all relevant financial data, including quarterly and annual financial reports, on the operation of the State vending facility program;

(2) conduct the biennial election of a Committee of Blind Vendors who shall be fully representative of all blind licensees in the State program,1 and

(3) insure that such committee's responsibilities include (A) participation, with the State agency, in major administrative decisions and policy and program development, (B) receiving grievances of blind licensees and serving as advocates for such licensees, (C) participation, with the State agency, in the development and administration of a transfer and promotion system for blind licensees, (D) participation, with the State agency, in developing training and retraining programs, and (E) sponsorship, with the assistance of the State agency, of meetings and instructional conferences for blind licensees.

(Pub. L. 93–516, title II, §209, Dec. 7, 1974, 88 Stat. 1630; Pub. L. 93–651, title II, §209, Nov. 21, 1974, 89 Stat. 2–15.)

References in Text

This title, referred to in text, is title II of Pub. L. 93–516, Dec. 7, 1974, 88 Stat. 1617, as amended, known as the “Randolph-Sheppard Act Amendments of 1974”. For complete classification of such title to the Code, see Short Title of 1974 Amendment note set out under section 107 of this title and Tables.

Codification

Section was enacted as part of the Randolph-Sheppard Act Amendments of 1974, and not as part of the Randolph-Sheppard Vending Stand Act which comprises this chapter.

The content of Pub. L. 93–516, including provisions of section 209 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, §209, Nov. 21, 1974, 89 Stat. 2–15, in exactly the same manner as it was enacted by Pub. L. 93–516.

1 So in original. The comma probably should be a semicolon.

§107b–2. Omitted

Codification

Section, Pub. L. 93–516, title II, §210, Dec. 7, 1974, 88 Stat. 1630, required the Secretary to promulgate national standards for funds set aside, to study and report the feasibility of establishing retirement, pension, and health insurance systems for blind licensees, and to evaluate the income assignment methods and required the State agencies to submit certain reports.

The content of Pub. L. 93–516, including provisions of section 210 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, §210, Nov. 21, 1974, 89 Stat. 2–15, in exactly the same manner as it was enacted by Pub. L. 93–516.

§107b–3. Audit of nonappropriated fund activities

The Comptroller General is authorized to conduct regular and periodic audits of all nonappropriated fund activities which receive income from vending machines on Federal property, under such rules and regulations as he may prescribe. In the conduct of such audits he and his duly authorized representatives shall have access to any relevant books, documents, papers, accounts, and records of such activities as he deems necessary.

(Pub. L. 93–516, title II, §211, Dec. 7, 1974, 88 Stat. 1630; Pub. L. 93–651, title II, §211, Nov. 21, 1974, 89 Stat. 2–15.)

Codification

Section was enacted as part of the Randolph-Sheppard Act Amendments of 1974, and not as part of the Randolph-Sheppard Vending Stand Act which comprises this chapter.

The content of Pub. L. 93–516, including provisions of section 211 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, §211, Nov. 21, 1974, 89 Stat. 2–15, in exactly the same manner as it was enacted by Pub. L. 93–516.

§107c. Repealed. Pub. L. 93–516, title II, §205, Dec. 7, 1974, 88 Stat. 1626

Section, act June 20, 1936, ch. 638, §4, 49 Stat. 1560; Reorg. Plan No. 2 of 1946, §6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Reorg. Plan No. 1 of 1953, §§5, 8 eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, related to provisions authorizing the Secretary to cooperate with State boards for rehabilitation of handicapped persons, established by the several States pursuant to sections 31 to 42b of Title 29, Labor, as amended and supplemented, in carrying out the provisions of this chapter. See section 701 et seq. of Title 29.

The content of Pub. L. 93–516, including provisions of section 205 thereof which repealed this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been repealed by Pub. L. 93–651, title II, §205, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was repealed by Pub. L. 93–516.

§107d. Expenditures

(a) Personal services, rent, printing, etc.

The Secretary is authorized to make such expenditures out of any money appropriated therefor (including expenditures for personal services and rent at the seat of government and elsewhere, books of reference and periodicals, for printing and binding, and for traveling expenses) as he may deem necessary to carry out the provisions of this chapter.

(b) Preference to blind persons in employment

The Secretary shall, in employing such additional personnel as may be necessary, give preference to blind persons who are capable of discharging the required duties.

(June 20, 1936, ch. 638, §4, formerly §5, 49 Stat. 1560; 1946 Reorg. Plan No. 2, §6, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered §4 and amended Dec. 7, 1974, Pub. L. 93–516, title II, §§206, 208(d), 88 Stat. 1626, 1629; Nov. 21, 1974, Pub. L. 93–651, title II, §§206, 208(d), 89 Stat. 2–11, 2–14.)

Codification

The content of Pub. L. 93–516, including provisions of sections 206 and 208(d) thereof which amended and renumbered this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended and renumbered by Pub. L. 93–651, title II, §§206, 208(d), Nov. 21, 1974, 89 Stat. 2–11, 2–14, in exactly the same manner as it was amended and renumbered by Pub. L. 93–516.

Amendments

1974—Subsec. (b). Pub. L. 93–516, §208(d), struck out requirement that at least 50 percent of the additional personnel be blind persons. An identical amendment was made by Pub. L. 93–651. See Codification note above.

Transfer of Functions

For transfer of functions, see note set out under section 107a of this title.

§107d–1. Grievances of blind licensees

(a) Hearing and arbitration

Any blind licensee who is dissatisfied with any action arising from the operation or administration of the vending facility program may submit to a State licensing agency a request for a full evidentiary hearing, which shall be provided by such agency in accordance with section 107b(6) of this title. If such blind licensee is dissatisfied with any action taken or decision rendered as a result of such hearing, he may file a complaint with the Secretary who shall convene a panel to arbitrate the dispute pursuant to section 107d–2 of this title, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this chapter.

(b) Noncompliance by Federal departments and agencies; complaints by State licensing agencies; arbitration

Whenever any State licensing agency determines that any department, agency, or instrumentality of the United States that has control of the maintenance, operation, and protection of Federal property is failing to comply with the provisions of this chapter or any regulations issued thereunder (including a limitation on the placement or operation of a vending facility as described in section 107(b) of this title and the Secretary's determination thereon) such licensing agency may file a complaint with the Secretary who shall convene a panel to arbitrate the dispute pursuant to section 107d–2 of this title, and the decision of such panel shall be final and binding on the parties except as otherwise provided in this chapter.

(June 20, 1936, ch. 638, §5, as added Dec. 7, 1974, Pub. L. 93–516, title II, §206, 88 Stat. 1626; Nov. 21, 1974, Pub. L. 93–651, title II, §206, 89 Stat. 2–11.)

Codification

The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, §206, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior Provisions

A prior section 5 of act of June 20, 1936, which was classified to section 107d of this title, was renumbered section 4 by Pub. L. 93–516, §206.

Section Referred to in Other Sections

This section is referred to in sections 107b, 107d–2 of this title.

§107d–2. Arbitration

(a) Notice and hearing

Upon receipt of a complaint filed under section 107d–1 of this title, the Secretary shall convene an ad hoc arbitration panel as provided in subsection (b) of this section. Such panel shall, in accordance with the provisions of subchapter II of chapter 5 of title 5, give notice, conduct a hearing, and render its decision which shall be subject to appeal and review as a final agency action for purposes of chapter 7 of such title 5.

(b) Composition of panel; designation of chairman; termination of violations

(1) The arbitration panel convened by the Secretary to hear grievances of blind licensees shall be composed of three members appointed as follows:

(A) one individual designated by the State licensing agency;

(B) one individual designated by the blind licensee; and

(C) one individual, not employed by the State licensing agency or, where appropriate, its parent agency, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B).


If any party fails to designate a member under subparagraph (1)(A), (B), or (C), the Secretary shall designate such member on behalf of such party.

(2) The arbitration panel convened by the Secretary to hear complaints filed by a State licensing agency shall be composed of three members appointed as follows:

(A) one individual, designated by the State licensing agency;

(B) one individual, designated by the head of the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose; and

(C) one individual, not employed by the Federal department, agency, or instrumentality controlling the Federal property over which the dispute arose, who shall serve as chairman, jointly designated by the members appointed under subparagraphs (A) and (B).


If any party fails to designate a member under subparagraph (2)(A), (B), or (C), the Secretary shall designate such member on behalf of such party. If the panel appointed pursuant to paragraph (2) finds that the acts or practices of any such department, agency, or instrumentality are in violation of this chapter, or any regulation issued thereunder, the head of any such department, agency, or instrumentality shall cause such acts or practices to be terminated promptly and shall take such other action as may be necessary to carry out the decision of the panel.

(c) Publication of decisions in Federal Register

The decisions of a panel convened by the Secretary pursuant to this section shall be matters of public record and shall be published in the Federal Register.

(d) Payment of costs by the Secretary

The Secretary shall pay all reasonable costs of arbitration under this section in accordance with a schedule of fees and expenses he shall publish in the Federal Register.

(June 20, 1936, ch. 638, §6, as added Dec. 7, 1974, Pub. L. 93–516, title II, §206, 88 Stat. 1626; Nov. 21, 1974, Pub. L. 93–651, title II, §206, 89 Stat. 2–11.)

Codification

The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, §206, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior Provisions

A prior section 6 of act June 20, 1936, which was classified to section 107e of this title, was renumbered section 9 by Pub. L. 93–516, §206.

Section Referred to in Other Sections

This section is referred to in section 107d–1 of this title.

§107d–3. Vending machine income

(a) Accrual to blind licensee and alternatively to State agency; ceiling on amount for individual licensee

In accordance with the provisions of subsection (b) of this section, vending machine income obtained from the operation of vending machines on Federal property shall accrue (1) to the blind licensee operating a vending facility on such property, or (2) in the event there is no blind licensee operating such facility on such property, to the State agency in whose State the Federal property is located, for the uses designated in subsection (c) of this section, except that with respect to income which accrues under clause (1) of this subsection, the Commissioner may prescribe regulations imposing a ceiling on income from such vending machines for an individual blind licensee. In the event such a ceiling is imposed, no blind licensee shall receive less vending machine income under such ceiling than he was receiving on January 1, 1974. No limitation shall be imposed on income from vending machines, combined to create a vending facility, which are maintained, serviced, or operated by a blind licensee. Any amounts received by a blind licensee that are in excess of the amount permitted to accrue to him under any ceiling imposed by the Commissioner shall be disbursed to the appropriate State agency under clause (2) of this subsection and shall be used by such agency in accordance with subsection (c) of this section.

(b) Direct competition between vending machine and vending facility; proportion of accrued income from such vending machines for individual licensee

(1) After January 1, 1975, 100 per centum of all vending machine income from vending machines on Federal property which are in direct competition with a blind vending facility shall accrue as specified in subsection (a) of this section. “Direct competition” as used in this section means the existence of any vending machines or facilities operated on the same premises as a blind vending facility except that vending machines or facilities operated in areas serving employees the majority of whom normally do not have direct access to the blind vending facility shall not be considered in direct competition with the blind vending facility. After January 1, 1975, 50 per centum of all vending machine income from vending machines on Federal property which are not in direct competition with a blind vending facility shall accrue as specified in subsection (a) of this section, except that with respect to Federal property at which at least 50 per centum of the total hours worked on the premises occurs during periods other than normal working hours, 30 per centum of such income shall so accrue.

(2) The head of each department, agency, and instrumentality of the United States shall insure compliance with this section with respect to buildings, installations, and facilities under his control, and shall be responsible for collection of, and accounting for, such vending machine income.

(c) Disposal of accrued vending machine income by State licensing agency

All vending machine income which accrues to a State licensing agency pursuant to subsection (a) of this section shall be used to establish retirement or pension plans, for health insurance contributions, and for provision of paid sick leave and vacation time for blind licensees in such State, subject to a vote of blind licensees as provided under section 107b(3)(E) of this title. Any vending machine income remaining after application of the first sentence of this subsection shall be used for the purposes specified in sections 107b(3)(A), (B), (C), and (D) of this title, and any assessment charged to blind licensees by a State licensing agency shall be reduced pro rata in an amount equal to the total of such remaining vending machine income.

(d) Income from vending machines in certain locations excepted

Subsections (a) and (b)(1) of this section shall not apply to income from vending machines within retail sales outlets under the control of exchange or ships’ stores systems authorized by title 10, or to income from vending machines operated by the Veterans Canteen Service, or to income from vending machines not in direct competition with a blind vending facility at individual locations, installations, or facilities on Federal property the total of which at such individual locations, installations, or facilities does not exceed $3,000 annually.

(e) Regulations establishing priority for operation of cafeterias

The Secretary, through the Commissioner, shall prescribe regulations to establish a priority for the operation of cafeterias on Federal property by blind licensees when he determines, on an individual basis and after consultation with the head of the appropriate installation, that such operation can be provided at a reasonable cost with food of a high quality comparable to that currently provided to employees, whether by contract or otherwise.

(f) Existing arrangements more favorable to blind licensees unaffected

This section shall not operate to preclude preexisting or future arrangements, or regulations of departments, agencies, or instrumentalities of the United States, under which blind licensees (1) receive a greater percentage or amount of vending machine income than that specified in subsection (b)(1) of this section, or (2) receive vending machine income from individual locations, installations, or facilities on Federal property the total of which at such individual locations, installations, or facilities does not exceed $3,000 annually.

(g) Regulations for compliance

The Secretary shall take such action and promulgate such regulations as he deems necessary to assure compliance with this section.

(June 20, 1936, ch. 638, §7, as added Dec. 7, 1974, Pub. L. 93–516, title II, §206, 88 Stat. 1627; Nov. 21, 1974, Pub. L. 93–651, title II, §206, 89 Stat. 2–12.)

Codification

The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, §206, Nov. 21, 1974, 89 Stat. 2–12, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior Provisions

A prior section 7 of act June 20, 1936, was classified to section 107e–1 of this title, prior to repeal by Pub. L. 93–516, §205.

Section Referred to in Other Sections

This section is referred to in section 107 of this title.

§107d–4. Training programs for maximum vocational potential for blind

The Commissioner shall insure, through promulgation of appropriate regulations, that uniform and effective training programs, including on-the-job training, are provided for blind individuals, through services under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.]. He shall further insure that State agencies provide programs for upward mobility (including further education and additional training or retraining for improved work opportunities) for all trainees under this chapter, and that follow-along services are provided to such trainees to assure that their maximum vocational potential is achieved.

(June 20, 1936, ch. 638, §8, as added Dec. 7, 1974, Pub. L. 93–516, title II, §206, 88 Stat. 1628; Nov. 21, 1974, Pub. L. 93–651, title II, §206, 89 Stat. 2–13.)

References in Text

The Rehabilitation Act of 1973, referred to in text, is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Codification

The content of Pub. L. 93–516, including provisions of section 206 thereof which enacted this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been enacted by Pub. L. 93–651, title II, §206, Nov. 21, 1974, 89 Stat. 2–13, in exactly the same manner as it was enacted by Pub. L. 93–516.

Prior Provisions

A prior section 8 of act June 20, 1936, which was classified to section 107f of this title, was renumbered section 10 by Pub. L. 93–516, §206.

Section Referred to in Other Sections

This section is referred to in section 107a of this title.

§107e. Definitions

As used in this chapter—

(1) “blind person” means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees. In determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select;

(2) “Commissioner” means the Commissioner of the Rehabilitation Services Administration;

(3) “Federal property” means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States (including the Department of Defense and the United States Postal Service), or any other instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any territory or possession of the United States;

(4) “Secretary” means the Secretary of Education;

(5) “State” means a State, territory, possession, Puerto Rico, or the District of Columbia;

(6) “United States” includes the several States, territories, and possessions of the United States, Puerto Rico, and the District of Columbia;

(7) “vending facility” means automatic vending machines, cafeterias, snack bars, cart services, shelters, counters, and such other appropriate auxiliary equipment as the Secretary may by regulation prescribe as being necessary for the sale of the articles or services described in section 107a(a)(5) of this title and which may be operated by blind licensees; and

(8) “vending machine income” means receipts (other than those of a blind licensee) from vending machine operations on Federal property, after cost of goods sold (including reasonable service and maintenance costs), where the machines are operated, serviced, or maintained by, or with the approval of, a department, agency, or instrumentality of the United States, or commissions paid (other than to a blind licensee) by a commercial vending concern which operates, services, and maintains vending machines on Federal property for, or with the approval of, a department, agency, or instrumentality of the United States.

(June 20, 1936, ch. 638, §9, formerly §6, 49 Stat. 1560; Aug. 3, 1954, ch. 655, §4(f), 68 Stat. 664; renumbered §9 and amended Dec. 7, 1974, Pub. L. 93–516, title II, §§206, 207, 88 Stat. 1626, 1628; Nov. 21, 1974, Pub. L. 93–651, title II, §§206, 207, 89 Stat. 2–11, 2–13; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(4)(B), title V, §507, 93 Stat. 678, 692.)

Codification

The content of Pub. L. 93–516, including provisions of sections 206 and 207 thereof which amended and renumbered this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974. See 1974 Amendment note below.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been amended and renumbered by Pub. L. 93–651, title II, §§206, 207, Nov. 21, 1974, 89 Stat. 2–11, 2–13, in exactly the same manner as it was amended and renumbered by Pub. L. 93–516.

Amendments

1974—Pub. L. 93–516, §207, replaced letter designations with number designations, inserted definitions of “Commissioner”, “vending facility”, and “vending machine income”, and in definition of “blind person” substituted provisions that such person meant a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees, and that in determining whether a person is blind, there shall be an examination by a physician skilled in diseases of the eye, or by an optometrist, whichever the individual shall select, for provisions that such person meant a person having not more than 10 per centum visual acuity in the better eye with correction and that such blindness shall be certified by a duly licensed ophthalmologist, in definition of “United States” inserted reference to Puerto Rico, in definition of “State” inserted reference to Puerto Rico, and in definition of “Federal property” inserted reference to Department of Defense and United States Postal Service. An identical amendment was made by Pub. L. 93–651. See Codification note above.

1954—Subsecs. (d), (e). Act Aug. 3, 1954, added subsecs. (d) and (e).

Effective Date of 1954 Amendment

Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954.

Transfer of Functions

“Secretary of Education” substituted for “Secretary of Health, Education, and Welfare” in par. (4) pursuant to sections 301(a)(4)(B) and 507 of Pub. L. 96–88 which are classified to sections 3441(a)(4)(B) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this chapter to Secretary of Education.

For transfer of functions and offices of Secretary and Department of Health, Education, and Welfare, including Rehabilitation Services Administration and Commissioner thereof, to Secretary and Department of Education, and for delegation of certain functions of Secretary of Education under this chapter to Assistant Secretary for Special Education and Rehabilitative Services, see sections 3417 and 3441 of this title.

Section Referred to in Other Sections

This section is referred to in section 107a of this title.

§107e–1. Repealed. Pub. L. 93–516, title II, §205, Dec. 7, 1974, 88 Stat. 1626

Section, act June 20, 1936, ch. 638, §7, as added Aug. 3, 1954, ch. 655, §4(g), 68 Stat. 664, related to designation and status of states acting as licensing agents before July 1, 1954.

The content of Pub. L. 93–516, including provisions of section 205 thereof which repealed this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been repealed by Pub. L. 93–651, title II, §205, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was repealed by Pub. L. 93–516.

§107f. Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary for carrying out the provisions of this chapter.

(June 20, 1936, ch. 638, §10, formerly §7, 49 Stat. 1560; renumbered §8, Aug. 3, 1954, ch. 655, §4(g), 68 Stat. 664; renumbered §10, Dec. 7, 1974, Pub. L. 93–516, title II, §206, 88 Stat. 1626; Nov. 21, 1974, Pub. L. 93–651, title II, §206, 89 Stat. 2–11.)

Codification

The content of Pub. L. 93–516, including provisions of section 206 thereof which renumbered this section, were originally contained in H.R. 14225, 93rd Congress, Second Session, which was pocket-vetoed during the 31-day intrasession adjournment of the 93rd Congress for the Congressional elections in November, 1974.

Pursuant to an order of the United States District Court for the District of Columbia (Kennedy v. Jones, D.C.D.C. 1976, 412 F.Supp. 353) H.R. 14225 was deemed to have become law without the approval of the President on Nov. 21, 1974, and was given the designation Pub. L. 93–651. Therefore, for purposes of codification, this section should be deemed to have been renumbered by Pub. L. 93–651, title II, §206, Nov. 21, 1974, 89 Stat. 2–11, in exactly the same manner as it was amended by Pub. L. 93–516, title II, §206, Nov. 21, 1974, 88 Stat. 1626.

CHAPTER 7—INSTRUCTION AS TO NATURE AND EFFECT OF ALCOHOLIC DRINKS AND NARCOTICS

Sec.
111.
Study in certain schools of effect of alcoholic drinks and narcotics.
112.
Enforcement of section 111.
113.
Teachers’ certificates dependent on passing examination on effect of alcoholic drinks and narcotics.

        

§111. Study in certain schools of effect of alcoholic drinks and narcotics

The nature of alcoholic drinks and narcotics, and special instruction as to their effects upon the human system, in connection with the several divisions of the subject of physiology and hygiene, shall be included in the branches of study taught in the common or public schools, and in the military and naval schools, and shall be studied and taught as thoroughly and in the same manner as other like required branches are in said schools, by the use of textbooks in the hands of pupils where other branches are thus studied in said schools, and by all pupils in all said schools throughout the Territories, in the Military and Naval Academies of the United States, and in the District of Columbia, and in all Indian and colored schools in the Territories of the United States.

(May 20, 1886, ch. 362, §1, 24 Stat. 69.)

Section Referred to in Other Sections

This section is referred to in section 112 of this title.

§112. Enforcement of section 111

It shall be the duty of the proper officers in control of any school described in section 111 of this title to enforce the provisions of this chapter; and any such officer, school director, committee, superintendent, or teacher who shall refuse or neglect to comply with the requirements of this chapter, or shall neglect or fail to make proper provisions for the instruction required and in the manner specified by section 111 of this title, for all pupils in each and every school under his jurisdiction, shall be removed from office, and the vacancy filled as in other cases.

(May 20, 1886, ch. 362, §2, 24 Stat. 69.)

§113. Teachers’ certificates dependent on passing examination on effect of alcoholic drinks and narcotics

No certificate shall be granted to any person to teach in the public schools of the District of Columbia or Territories who has not passed a satisfactory examination in physiology and hygiene, with special reference to the nature and the effects of alcoholic drinks and other narcotics upon the human system.

(May 20, 1886, ch. 362, §3, 24 Stat. 69.)

CHAPTER 8—HOWARD UNIVERSITY

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
121.
Annual report of president and directors.
122.
Limitation on use of appropriations.
123.
Annual appropriations; inspection by Secretary of Education.
124.
Transfer of Freedmen's Hospital to Howard University.
(a)
Purpose; authorization; agreement.
(b)
Congressional intent.
(c)
Report to Congress.
125.
Employees of hospital.
(a)
Opportunity to transfer; guarantee of rights and benefits.
(b)
Placement of employees in comparable Federal positions.
(c)
Services performed in the employ of United States.
126.
Authorization of appropriations for construction of hospital facilities.
127.
Transfer of facilities by University or cessation of operation as teaching hospital facilities; recovery of value by United States.
128.
Authorization of appropriations for partial support of operation of facilities; separate account.
129.
Financial policy; report to Congress.
130.
Purchases through the General Services Administration.
130a.
Financial and program audit by Secretary.

        

SUBCHAPTER II—ENDOWMENT

130aa.
Definitions.
130aa–1.
Program authorized.
130aa–2.
Investments.
130aa–3.
Withdrawals and expenditures.
(a)
Defrayment of expenses; restrictions on use of income or corpus; limits on withdrawals or expenditures.
(b)
Authority of Secretary; withdrawal or expenditure beyond limits; circumstances demonstrating necessity.
(c)
Repayment of Federal share of amounts improperly expended or withdrawn; endowment fund corpus; income.
130aa–4.
Enforcement.
130aa–5.
Authorization of appropriations.

        

SUBCHAPTER I—GENERAL PROVISIONS

§121. Annual report of president and directors

The president and directors of Howard University shall report to the Secretary of Education the condition of the institution on the 1st of July of each year, embracing therein the number of pupils received and discharged or leaving the same for any cause during the preceding year, and the number remaining; also, the branches of knowledge and industry taught and the progress made therein together with a statement showing the receipts of the institution and from what sources, and its disbursements, and for what objects.

(July 1, 1898, ch. 546, §1, 30 Stat. 624; 1940 Reorg. Plan No. IV, §11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(2)(M), title V, §507, 93 Stat. 678, 692.)

Transfer of Functions

“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this subchapter to Secretary of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Functions of Department of the Interior relating to administration of Howard University transferred to Federal Security Agency to be administered under direction and supervision of Federal Security Administrator, and annual report required to be furnished to Secretary of the Interior by President and directors of said University was directed to be furnished to Federal Security Administrator, by Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5.

Similar Provisions

A similar requirement of a report of the expenditures of the University accompanied the appropriation for the same purposes in the following prior acts:

Mar. 3, 1893, ch. 208, 27 Stat. 595.

Aug. 5, 1892, ch. 380, 27 Stat. 372.

Mar. 3, 1891, ch. 542, 26 Stat. 973.

§122. Limitation on use of appropriations

No part of the appropriations made by Congress for the Howard University shall be used, directly or indirectly, for the support of the theological department of said university, nor for the support of any sectarian, denominational, or religious instruction therein; and no part thereof shall be paid to said university until it shall accord to the Secretary of Education, or to his designated agent or agents, authority to visit and inspect such university and to control and supervise the expenditure therein of all moneys paid under said appropriations.

(Mar. 3, 1899, ch. 424, 30 Stat. 1101; 1940 Reorg. Plan No. IV, §11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953 Reorg. Plan No. 1, §§5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(2)(M), title V, §507, 93 Stat. 678, 692.)

Transfer of Functions

“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this subchapter to Secretary of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Functions of Department of the Interior relating to administration of Howard University transferred to Federal Security Agency to be administered under direction and supervision of Federal Security Administrator by Reorg. Plan No. IV of 1940, set out as a note in the Appendix to Title 5.

Prior Provisions

Similar prior provisions were contained in act July 1, 1898, ch. 546, 30 Stat. 624.

§123. Annual appropriations; inspection by Secretary of Education

Annual appropriations are authorized to aid in the construction, development, improvement, endowment, and maintenance of the university, no part of which shall be used for religious instruction. The university shall at all times be open to inspection by the Secretary of Education and shall be inspected by the said Secretary at least once each year.

(Mar. 2, 1867, ch. 162, §8, 14 Stat. 439; Dec. 13, 1928, ch. 26, 45 Stat. 1021; 1940 Reorg. Plan No. IV, §11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; Aug. 7, 1946, ch. 770, §1(60), 60 Stat. 871; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(2)(M), title V, §507, 93 Stat. 678, 692; Oct. 17, 1984, Pub. L. 98–480, title II, §208, 98 Stat. 2247.)

Amendments

1984—Pub. L. 98–480 inserted “endowment,” after “improvement,”.

1946—Act Aug. 7, 1946, repealed third sentence which required that an annual report of the affairs of the university be presented to Congress in the report of Office of Education.

1928—Act Dec. 13, 1928, authorized annual appropriations for the university, prohibited use of funds for religious instruction, made the university subject to inspection at least once a year by the Bureau of Education, and substituted provision that the annual report of the university's affairs be presented to Congress by the Bureau for provision that the Board of Trustees publish such an annual report.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–480 effective Oct. 1, 1984, see section 209 of Pub. L. 98–480, set out as an Effective Date note under section 130aa of this title.

Transfer of Functions

“Secretary of Education” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88 which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred all functions of Secretary of Health, Education, and Welfare under this subchapter to Secretary of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Office of Education transferred to Federal Security Agency by Reorg. Plan No. I of 1939, §§201, 204, eff. July 1, 1939, set out in the Appendix to Title 5.

Office of Education created and placed in Department of the Interior by the act of July 20, 1868, ch. 176, 15 Stat. 106, which abolished the Department of Education. In the appropriation act of July 12, 1870, ch. 251, 16 Stat. 242, the Office was designated the Bureau of Education. This designation was retained until the act of May 14, 1930, ch. 273, 46 Stat. 281, 319, which made appropriations for the “Office of Education.”

Reports Continued

Office of Education was directed to continue its inspections of Howard University in accordance with provisions of existing law, by Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in sections 1063, 1132c–3 of this title.

§124. Transfer of Freedmen's Hospital to Howard University

(a) Purpose; authorization; agreement

For the purpose of assisting in the provision of teaching hospital resources for Howard University, thereby assisting the university in the training of medical and allied personnel and in providing hospital services for the community, the Secretary of Health, Education, and Welfare shall, pursuant to agreement with the board of trustees of Howard University, transfer to Howard University, without reimbursement, all right, title, and interest of the United States in certain lands in the District of Columbia, together with the buildings and improvements thereon and the personal property used in connection therewith (as determined by the Secretary), commonly known as Freedmen's Hospital.

(b) Congressional intent

It is the intent of Congress (1) that the transfer of Freedmen's Hospital to Howard University be effected as soon as practicable, (2) to assure the well-being of patients at Freedmen's Hospital during the period of transition, and (3) that the transfer be effected with minimum dislocation of the present hospital staff and maximum consideration of their interests as employees.

(c) Report to Congress

The Secretary of Health, Education, and Welfare shall report to the Congress the terms of the agreement for such transfer.

(Pub. L. 87–262, §1, Sept. 21, 1961, 75 Stat. 542.)

Transfer of Functions

Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(2)(M) of this title.

Repeal of Laws Applicable to Freedmen's Hospital

Section 7 of Pub. L. 87–262 provided that: “All laws heretofore applicable specifically to Freedmen's Hospital are, to the extent of such applicability, repealed, effective with the transfer of Freedmen's Hospital pursuant to section 1 [this section].”

Transfer of Funds

Section 8 of Pub. L. 87–262 provided that: “All unexpended balances of appropriations, allocations, and other funds, available or to be made available, of Freedmen's Hospital are, effective with the transfer of Freedmen's Hospital pursuant to section 1 [this section], transferred to Howard University for use in the operation of the Howard University Hospital facilities, except to the extent (determined by the Director of the Bureau of the Budget [Director of the Office of Management and Budget]) required to meet obligations already incurred and not assumed by the university.”

Section Referred to in Other Sections

This section is referred to in sections 125, 126, 127, 128 of this title.

§125. Employees of hospital

(a) Opportunity to transfer; guarantee of rights and benefits

The agreement for transfer of Freedmen's Hospital referred to in section 124 of this title shall include provisions to assure that—

(1) all individuals who are career or career-conditional employees of the hospital on the day preceding the effective date of the transfer of the hospital, except those in positions with respect to which they have been notified not less than six months prior to the effective date of such transfer that their positions are to be abolished, will be offered an opportunity to transfer to Howard University;

(2) Howard University—

(A) will not reduce the salary levels for such employees who transfer,

(B) will deposit currently (i) in the civil service retirement and disability fund referred to in section 8348 of title 5, the employee deductions and agency contributions required by subchapter III of chapter 83 of title 5, and (ii) in the fund referred to in section 8714 of title 5, the employee deductions and agency contributions required by chapter 87 of title 5.

(C) will provide other benefits for such employees as nearly equivalent as may be practicable to those generally applicable, on the effective date of the transfer of the hospital, to civilian employees of the United States, and

(D) in determining the seniority rights of its employees, Howard University will credit service with Freedmen's Hospital performed by such employees who transfer, on the same basis as it would credit such service had it been performed for such University;


(3) the transfer will become effective not later than the beginning of the second month which begins after construction of the new hospital facilities authorized by section 126 of this title is commenced.

(b) Placement of employees in comparable Federal positions

The Department of Health, Education, and Welfare shall make every reasonable effort to place in other comparable Federal positions all individuals who are career or career-conditional employees of Freedmen's Hospital on September 21, 1961 and who do not transfer to Howard University.

(c) Services performed in the employ of United States

Each individual who is an employee of Freedmen's Hospital on September 21, 1961 and who transfers to Howard University shall, so long as he is continuously in the employ of Howard University, be regarded as continuing in the employ of the United States for the purposes of subchapter III of chapter 83 of title 5, chapter 87 of title 5. For purposes of section 3121(b) of title 26 and section 410 of title 42, service performed by such individual during the period of his employment at Howard University shall be regarded as though performed in the employ of the United States.

(Pub. L. 87–262, §2, Sept. 21, 1961, 75 Stat. 542; Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

Codification

In subsec. (a)(2)(B), “civil service retirement and disability fund referred to in section 8348 of title 5” substituted for “civil service retirement and disability fund required by the Act of May 22, 1920” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Previously, act May 22, 1920, ch. 195, 41 Stat. 614, was superseded by act May 29, 1930, known as the Civil Service Retirement Act of 1930, which was generally amended by act July 31, 1956, ch. 804, §401, 70 Stat. 743.

In subsecs. (a)(2)(B) and (c), “subchapter III of chapter 83 of title 5” substituted for “the Civil Service Retirement Act” on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

In subsec. (a)(2)(B), “fund referred to in section 8714 of title 5” substituted for “the fund created by section 5(c) of the Federal Employees’ Group Life Insurance Act of 1954” and, in subsecs. (a)(2)(B) and (c), “chapter 87 of title 5” substituted for “the Federal Employees’ Group Life Insurance Act of 1954”, on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

Amendments

1986—Subsec. (c). 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.

Transfer of Functions

Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(2)(M) of this title.

Section Referred to in Other Sections

This section is referred to in section 128 of this title.

§126. Authorization of appropriations for construction of hospital facilities

For the purpose specified in section 124 of this title, there are authorized to be appropriated such sums as may be necessary for the construction of a building or buildings and facilities, including equipment, and for remodeling of existing buildings (including repair and replacement of equipment) which are to be combined with the building or buildings and facilities so constructed, to provide a hospital with a capacity of not to exceed five hundred beds.

(Pub. L. 87–262, §3, Sept. 21, 1961, 75 Stat. 543.)

Section Referred to in Other Sections

This section is referred to in sections 125, 127, 128, 129 of this title.

§127. Transfer of facilities by University or cessation of operation as teaching hospital facilities; recovery of value by United States

If, within twenty years after the completion of construction (as determined by the Secretary of Health, Education, and Welfare) of the new hospital facilities authorized by section 126 of this title, any of such facilities, or of the facilities transferred pursuant to section 124 of this title and combined with such new facilities, are transferred by Howard University to any other person or entity (except a transfer to the United States) or cease to be operated by the university as teaching hospital facilities, the United States shall be entitled to recover from the transferee or the university, in the case of a transfer, or from the university, if there is no transfer, an amount equal to the then value of such facilities (or so much thereof as is involved in the transfer, as the case may be), such value to be determined by agreement of the parties or by action brought in the United States District Court for the District of Columbia.

(Pub. L. 87–262, §4, Sept. 21, 1961, 75 Stat. 543.)

Transfer of Functions

Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(2)(M) of this title.

Section Referred to in Other Sections

This section is referred to in section 128 of this title.

§128. Authorization of appropriations for partial support of operation of facilities; separate account

In order to facilitate operation of teaching hospital facilities at Howard University, there are authorized to be appropriated annually to the university such sums as the Congress may determine, for the partial support of the operation of such facilities giving consideration to the cost imposed by the provisions of section 125 of this title and the portion of the agreement under sections 124 to 129 of this title relating to such provisions. The cost of operating such facilities, the appropriations pursuant to this section, and any other income derived from such operation or available for such purpose shall be identified and accounted for separately in the accounts of the university.

(Pub. L. 87–262, §5, Sept. 21, 1961, 75 Stat. 543.)

§129. Financial policy; report to Congress

It is declared to be the policy of the Congress that, to the extent consistent with good medical teaching practice, the Howard University Hospital facilities shall become progressively more self-supporting. In order to further this policy, the President shall submit to the Congress a report, based on a study of the financing of the operation of the hospital, containing his recommendations on the rate at which, consistent with the above policy, Federal financial participation in such cost of operation shall be reduced. Such report shall be submitted not later than the end of the second calendar year following the year in which the construction of the new hospital facilities, authorized by section 126 of this title, is completed.

(Pub. L. 87–262, §6, Sept. 21, 1961, 75 Stat. 544.)

Section Referred to in Other Sections

This section is referred to in section 128 of this title.

§130. Purchases through the General Services Administration

On and after September 8, 1978, Howard University is authorized to make purchases through the General Services Administration.

(Pub. L. 95–355, title I, §100, Sept. 8, 1978, 92 Stat. 531.)

Codification

Section is from the Second Supplemental Appropriations Act, 1978, and contained additional provisions relating to purchases by the American Printing House for the Blind, Gallaudet University, and the National Technical Institute for the Deaf, which are set out in sections 106 and 4362 of this title.

§130a. Financial and program audit by Secretary

Funds appropriated in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts to Howard University shall be subject to financial and program audit by the Secretary of Education and the Secretary may withhold all or any portion of these appropriations if he determines that an institution has not cooperated fully in the conduct of such audits.

(Pub. L. 102–394, title III, §301, Oct. 6, 1992, 106 Stat. 1819.)

Codification

Section is from the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993, and contained additional provisions relating to the American Printing House for the Blind, Gallaudet University, and the National Technical Institute for the Deaf, which are set out as sections 106a and 4363 of this title, respectively.

SUBCHAPTER II—ENDOWMENT

§130aa. Definitions

For purposes of this subchapter—

(1) the term “endowment fund” means a fund, or a tax exempt foundation, established and maintained by Howard University for the purpose of generating income for its support, but which shall not include real estate;

(2) the term “endowment fund corpus” means an amount equal to the grants awarded under this subchapter plus an amount equal to such grants provided by Howard University;

(3) the term “endowment fund income” means an amount equal to the total value of the endowment fund established under this subchapter minus the endowment fund corpus;

(4) the term “Secretary” means the Secretary of Education; and

(5) the term “University” means the Howard University established by the Act of March 2, 1867.

(Pub. L. 98–480, title II, §202, Oct. 17, 1984, 98 Stat. 2245.)

References in Text

Act of March 2, 1867, referred to in par. (5), is act Mar. 2, 1867, ch. 162, 14 Stat. 438, as amended. Section 8 of this Act is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables.

Effective Date

Section 209 of title II of Pub. L. 98–480 provided that: “This title [see Short Title note below] shall take effect on October 1, 1984.”

Short Title

Section 201 of title II of Pub. L. 98–480 provided that: “This title [enacting this subchapter, amending section 123 of this title, and enacting provisions set out as a note above] may be cited as the ‘Howard University Endowment Act’.”

§130aa–1. Program authorized

(a) The Secretary is authorized to establish an endowment program, in accordance with the provisions of this subchapter, for the purpose of establishing or increasing endowment funds, providing additional incentives to promote fundraising activities, and encouraging independence and self-sufficiency at the University.

(b)(1) From the funds appropriated pursuant to this subchapter for endowments in any fiscal year for the University, the Secretary is authorized to make grants to Howard University. The Secretary may enter into agreements with the University and include in any agreement made pursuant to this subchapter such provisions deemed necessary by the Secretary to assure that the purposes of this subchapter will be achieved.

(2) The University may receive a grant under this section only if it has deposited in the endowment fund established under this subchapter an amount equal to such grant and has adequately assured the Secretary that it will administer the endowment fund in accordance with the requirements of this subchapter. The source of funds for this institutional match shall not include Federal funds or funds derived from an existing endowment fund.

(3) The period of any grant under this section shall not exceed twenty years, and during such period the University shall not withdraw or expend any of its endowment fund corpus. Upon the expiration of any grant period, the University may use the endowment fund corpus plus any endowment fund income for any educational purpose.

(Pub. L. 98–480, title II, §203, Oct. 17, 1984, 98 Stat. 2245.)

Section Referred to in Other Sections

This section is referred to in section 130aa–5 of this title.

§130aa–2. Investments

(a) The University shall invest its endowment fund corpus and endowment fund income in those low-risk instruments and securities in which a regulated insurance company may invest under the law of the District of Columbia, such as federally insured bank savings account or comparable interest bearing account, certificate of deposit, money market fund, mutual fund, or obligations of the United States.

(b) The University, in investing its endowment fund corpus and income, shall exercise the judgment and care, under circumstances then prevailing, which a person of prudence, discretion, and intelligence would exercise in the management of his own business affairs.

(Pub. L. 98–480, title II, §204, Oct. 17, 1984, 98 Stat. 2246.)

Section Referred to in Other Sections

This section is referred to in section 130aa–4 of this title.

§130aa–3. Withdrawals and expenditures

(a) Defrayment of expenses; restrictions on use of income or corpus; limits on withdrawals or expenditures

The University may withdraw and expend its endowment fund income to defray any expenses necessary to its operation, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, technical assistance, and research. No endowment fund income or corpus may be used for any type of support of the executive officers of the University or for any commercial enterprise or endeavor entered into after January 1, 1981. Except as provided in subsection (b) of this section, the University shall not, in the aggregate, withdraw or expend more than 50 per centum of the total aggregate endowment fund income earned prior to the time of withdrawal or expenditure.

(b) Authority of Secretary; withdrawal or expenditure beyond limits; circumstances demonstrating necessity

The Secretary is authorized to permit the University to withdraw or expend more than 50 per centum of its total aggregate endowment income whenever the University demonstrates such withdrawal or expenditure is necessary because of—

(A) a financial emergency, such as a pending insolvency or temporary liquidity problem;

(B) a life-threatening situation occasioned by a natural disaster or arson; or

(C) another unusual occurrence or exigent circumstance.

(c) Repayment of Federal share of amounts improperly expended or withdrawn; endowment fund corpus; income

(1) If the University withdraws or expends more than the endowment fund income authorized by this section, the University shall repay the Secretary an amount equal to 50 per centum of the amount improperly expended (representing the Federal share thereof).

(2) The University shall not withdraw or expend any endowment fund corpus. If the University withdraws or expends any endowment fund corpus, the University shall repay the Secretary an amount equal to 50 per centum of the amount withdrawn or expended (representing the Federal share thereof) plus any income earned thereon.

(Pub. L. 98–480, title II, §205, Oct. 17, 1984, 98 Stat. 2246.)

Section Referred to in Other Sections

This section is referred to in section 130aa–4 of this title.

§130aa–4. Enforcement

(a) After notice and an opportunity for a hearing, the Secretary is authorized to terminate and recover any grant awarded under this subchapter if the University—

(1) withdraws or expends any endowment fund corpus, or any endowment fund income in excess of the amount authorized by section 130aa–3 of this title;

(2) fails to invest its endowment fund corpus or income in accordance with the investment standards set forth in section 130aa–2 of this title; or

(3) fails to account properly to the Secretary concerning investments and expenditures of its endowment fund corpus or income.


(b) If the Secretary terminates a grant under subsection (a) of this section, the University shall return to the Treasury of the United States an amount equal to the sum of the original grant or grants under this subchapter 1 plus any income earned thereon. The Secretary may direct the University to take such other appropriate measures to remedy any violation of this subchapter and to protect the financial interest of the United States.

(Pub. L. 98–480, title II, §206, Oct. 17, 1984, 98 Stat. 2247.)

Codification

This subchapter, the first time it appears in subsec. (b), was in the original “this Act” which was translated as reading “this title”, meaning title II of Pub. L. 98–480, Oct. 17, 1984, 98 Stat. 2236, as the probable intent of Congress.

1 See Codification note below.

§130aa–5. Authorization of appropriations

There is authorized to be appropriated $2,000,000 for the purposes authorized under section 130aa–1 of this title. Funds appropriated under this section shall remain available until expended.

(Pub. L. 98–480, title II, §207, Oct. 17, 1984, 98 Stat. 2247.)

CHAPTER 9—NATIONAL TRAINING SCHOOL FOR BOYS

§§131 to 152. Omitted

Codification

Sections provided for the National Training School for Boys which was governed and managed by a Board of Trustees until July 1, 1939, at which time 1939 Reorg. Plan No. 2 (4 F.R. 2731, 53 Stat. 1431) abolished the Board of Trustees and transferred the School and its functions (including the functions of the Board of Trustees) to the Department of Justice, to be administered by the Director of the Bureau of Prisons, under the direction and supervision of the Attorney General. The School was so operated until May 15, 1968, when it was closed pursuant to order of the Attorney General.

For provisions relating to proceedings regarding delinquency, neglect, or need of supervision of children in District of Columbia, see section 16–2301 et seq. of the District of Columbia Code.

Also, see section 5025 of Title 18, Crimes and Criminal Procedure, authorizing District of Columbia to provide facilities and personnel for treatment and rehabilitation of youth offenders or to contract with Bureau of Prisons for their treatment and rehabilitation.

Section 131, act May 27, 1908, ch. 200, §1, 35 Stat. 380, provided that District reform school for boys should be known as National Training School for Boys.

Section 132, acts May 3, 1876, ch. 90, §1, 19 Stat. 49; May 27, 1908, ch. 200, §1, 35 Stat. 380, dealt with appointment of a board of trustees to govern and manage the school.

Section 133, act June 4, 1880, ch. 121, §1, 21 Stat. 156, provided that one of the District commissioners should be a trustee of the school.

Section 134, act May 3, 1876, ch. 90, §16, 19 Stat. 52, provided for appointment of two consulting trustees of the school.

Section 135, acts May 3, 1876, ch. 90, §2, 19 Stat. 49; May 27, 1908, ch. 200, §1, 35 Stat. 380, dealt with corporate capacity and powers of the board of trustees.

Section 136, acts May 3, 1876, ch. 90, §15, 19 Stat. 52; June 5, 1900, ch. 715, 31 Stat. 267, authorized board of trustees to make by-laws, rules, and regulations.

Section 137, act May 3, 1876, ch. 90, §14, 19 Stat. 51, dealt with contracts and purchases, the executive officer, and annual reports.

Section 138, act May 3, 1876, ch. 90, §3, 19 Stat. 49, dealt with appointment and compensation of a superintendent and other employees of the school.

Section 139, acts May 3, 1876, ch. 90, §4, 19 Stat. 49; June 10, 1921, ch. 18, §304, 42 Stat. 24, dealt with appointment, bonding, and duties of a treasurer of the school.

Section 140, act May 3, 1876, ch. 90, §5, 19 Stat. 50, dealt with bonding of the superintendent.

Section 141, act May 3, 1876, ch. 90, §6, 19 Stat. 50, dealt with powers and duties of the superintendent and subordinate employees.

Section 142, act May 3, 1876, ch. 90, §7, 19 Stat. 50, provided that superintendent be in charge of lands and other property of the school, books of accounts, register of boys, and examination of school and accounts.

Section 143, act Mar. 3, 1881, ch. 134, §1, 21 Stat. 459, dealt with a report of school officers to District commissioners.

Section 144, acts Aug. 6, 1890, ch. 724, §1, 26 Stat. 307; Mar. 3, 1905, ch. 1483, 33 Stat. 1211, dealt with disposition of proceeds of the school farm and shops.

Section 145, acts May 3, 1876, ch. 90, §8, 19 Stat. 50; June 5, 1900, ch. 715, 31 Stat. 266, dealt with commitment of boys under age 17 to the school.

Section 146, acts May 3, 1876, ch. 90, §9, 19 Stat. 51; June 5, 1900, ch. 715, 31 Stat. 267, related to period of detention.

Section 147, act May 3, 1876, ch. 90, §10, 19 Stat. 51, limited number of boys at the school to number that can be properly accommodated.

Section 148, act May 3, 1876, ch. 90, §11, 19 Stat. 51, dealt with penalties for enticing boy from school or harboring escaped boy, and for arrest and return of escapees.

Section 149, act May 3, 1876, ch. 90, §12, 19 Stat. 51, dealt with employment and instruction of boys, apprenticing, and indentures of apprenticeship.

Section 150, act Feb. 26, 1909, ch. 217, §1, 35 Stat. 657, dealt with release on parole of juvenile offenders committed to the school.

Section 151, act Feb. 26, 1909, ch. 217, §2, 35 Stat. 657, authorized board of trustees to parole boys, subject to approval of Attorney General in certain cases.

Section 152, acts May 3, 1876, ch. 90, §13, 19 Stat. 51; Aug. 1, 1914, ch. 223, §1, 38 Stat. 657; Mar. 28, 1918, ch. 28, §1, 40 Stat. 494, dealt with District support of boys committed, accounts, payment, and rates.

CHAPTER 10—NATIONAL TRAINING SCHOOL FOR GIRLS

§§161 to 174. Omitted

Codification

Sections provided for the National Training School for Girls. Act Aug. 3, 1951, ch. 291, §1, 65 Stat. 154, provided that no new commitments to the National Training School for Girls should be made after Aug. 3, 1951. Act July 31, 1953, ch. 299, §1, 67 Stat. 286, redesignated the National Training School for Girls as the Industrial Home School for Colored Girls and authorized construction of a new Industrial Home School for Colored Children near Laurel, Maryland. Act July 1, 1954, ch. 449, §1, 68 Stat. 385, provided that the Industrial Home School for Colored Girls shall be combined with and become a part of the Industrial Home School for Colored Children. Act Sept. 4, 1957, Pub. L. 85–285, §1, 71 Stat. 610, provided in part for the disposition of the land of the United States reserved for a site for the National Training School for Girls by the Act of July 14, 1892 (27 Stat. 165), as amended.

For provisions relating to proceedings regarding delinquency, neglect, or need of supervision of children in District of Columbia, see section 16–2301 et seq. of the District of Columbia Code.

Also, see section 5025 of Title 18, Crimes and Criminal Procedure, authorizing District of Columbia to provide facilities and personnel for treatment and rehabilitation of youth offenders or to contract with Bureau of Prisons for their treatment and rehabilitation.

Section 161, act June 26, 1912, ch. 182, §1, 37 Stat. 171, provided that District reform school for girls should be known as National Training School for Girls.

Section 162, acts July 9, 1888, §§1, 7, 25 Stat. 245, 246; June 26, 1912, ch. 182, §1, 37 Stat. 171; Mar. 16, 1926, ch. 58, §1, 44 Stat. 208, dealt with incorporation.

Section 163, acts July 9, 1888, ch. 595, §2, 25 Stat. 245; June 26, 1912, ch. 182, §1, 37 Stat. 171; Mar. 16, 1926, ch. 58, §1, 44 Stat. 208, provided authority to establish and maintain a training school for girls within District of Columbia.

Section 164, acts July 9, 1888, ch. 595, §3, 25 Stat. 246; May 27, 1908, ch. 200, §1, 35 Stat. 380; Mar. 16, 1926, ch. 58, §1, 44 Stat. 208, provided same power and authority as board of trustees of National Training School for Boys had in relation to boys.

Section 165, acts May 3, 1876, ch. 90, §15, 19 Stat. 52; July 9, 1888, ch. 595, §5, 25 Stat. 246; Feb. 25, 1901, ch. 478, 31 Stat. 810; Mar. 16, 1926, ch. 58, §1, 44 Stat. 208, authorized making of by-laws, rules, and regulations.

Section 166, acts July 9, 1888, ch. 595, §4, 25 Stat. 246; Mar. 16, 1926, ch. 58, §1, 44 Stat. 208, dealt with appointment and compensation of officers and employees.

Section 167, acts Feb. 28, 1923, ch. 148, §1, 42 Stat. 1358; Mar. 16, 1926, ch. 58, §1, 44 Stat. 208, dealt with control over inmates.

Section 168, acts July 9, 1888, ch. 595, §6, 25 Stat. 246; June 26, 1912, ch. 182, §1, 37 Stat. 171, dealt with applicability of laws relating to National Training School for Boys to school for girls.

Section 169, acts May 3, 1876, ch. 90, §8, 19 Stat. 50; July 9, 1888, ch. 595, §6, 25 Stat. 245; Feb. 25, 1901, ch. 478, 31 Stat. 809; Mar. 19, 1906, ch. 960, §8, 34 Stat. 73; Mar. 16, 1926, ch. 58, §1, 44 Stat. 208; Aug. 3, 1951, ch. 291, §3, 65 Stat. 154, related to commitment of girls under 17 years of age.

Section 170, acts May 3, 1876, ch. 90, §9, 19 Stat. 51; July 9, 1888, ch. 595, §6, 25 Stat. 245; Feb. 25, 1901, ch. 478, 31 Stat. 810; June 26, 1912, ch. 182, §1, 37 Stat. 171, related to period of detention.

Section 171, act Apr. 15, 1910, ch. 164, §1, 36 Stat. 300, dealt with release on parole of juvenile offenders committed to the school.

Section 172, acts Apr. 15, 1910, ch. 164, §2, 36 Stat. 300; Mar. 16, 1926, ch. 58, §1, 44 Stat. 208, authorized parole of girls, subject to approval of the Attorney General in certain cases.

Section 173, act June 5, 1920, ch. 234, §1, 41 Stat. 865, dealt with disbursement of appropriations for the school.

Section 174, act July 9, 1888, ch. 595, §8, 25 Stat. 246, reserved to Congress the right to alter, amend, or repeal this chapter.

CHAPTER 11—NATIONAL ARBORETUM

Sec.
191.
Establishment; site; acquisition of land.
192.
Omitted.
193.
Administration of arboretum.
194.
Advisory council.
195.
Gifts, bequests, or devises for benefit of National Arboretum; separate fund in the Treasury.

        

§191. Establishment; site; acquisition of land

The Secretary of Agriculture is authorized and directed to establish and maintain a national arboretum for purposes of research and education concerning tree and plant life. For the purposes of this chapter, (1) the President is authorized to transfer to the jurisdiction of the Secretary of Agriculture by Executive order any land which now belongs to the United States within or adjacent to the District of Columbia located along the Anacostia River north of Benning Bridge, and (2) the Secretary of Agriculture is authorized in his discretion to acquire, within the limits of the appropriation authorized by this chapter by private purchase, condemnation proceedings, or gift, land so located or other land within or adjacent to the District of Columbia: Provided, That the purchase price of any part of said land shall not exceed the full value assessment of such property last made before purchase thereof plus 25 per centum of such assessed value.

(Mar. 4, 1927, ch. 505, §1, 44 Stat. 1422.)

Transfer of Functions

Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, §1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

Delegation of Functions

Authority of President under this section to transfer to jurisdiction of Secretary of Agriculture for purposes of this chapter any land belonging to United States within or adjacent to District of Columbia located along Anacostia River north of Benning Bridge delegated to Administrator of General Services, see section 1(18) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Facilities To House Bonsai Collections

Pub. L. 103–111, title I, Oct. 21, 1993, 107 Stat. 1051, provided in part: “That hereafter, facilities to house bonsai collections at the National Arboretum may be constructed with funds accepted under the provisions of Public Law 94–129 (20 U.S.C. 195) and the limitation on construction contained in the Act of August 24, 1912 (40 U.S.C. 68) shall not apply to the construction of such facilities”.

Similar provisions were contained in the following prior appropriations acts:

Pub. L. 102–341, title I, Aug. 14, 1992, 102 Stat. 878.

Pub. L. 102–142, title I, Oct. 28, 1991, 105 Stat. 883.

Pub. L. 101–506, title I, Nov. 5, 1990, 104 Stat. 1320.

Pub. L. 101–161, title I, Nov. 21, 1989, 103 Stat. 956.

Pub. L. 100–460, title I, Oct. 1, 1988, 102 Stat. 2234.

Pub. L. 100–202, §101(k) [title I], Dec. 22, 1987, 101 Stat. 1329–322, 1329–327.

Pub. L. 99–500, §101(a) [title I], Oct. 18, 1986, 100 Stat. 1783, 1783–5, and Pub. L. 99–591, §101(a) [title I], Oct. 30, 1986, 100 Stat. 3341, 3341–5.

§192. Omitted

Codification

Section, act Mar. 4, 1927, ch. 505, §2, 44 Stat. 1422, authorized appropriation of $300,000 to be expended for acquisition of land specified in section 191 of this title.

§193. Administration of arboretum

In order to stimulate research and discovery the national arboretum established by the Secretary of Agriculture in accordance with the provisions of this chapter shall be under competent scientific direction. The arboretum shall be administered by the Secretary of Agriculture separately from the agricultural, horticultural, and forestry stations of the Department of Agriculture, but it shall be so correlated with them as to bring about the most effective utilization of its facilities and discoveries.

(Mar. 4, 1927, ch. 505, §3, 44 Stat. 1422.)

§194. Advisory council

The Secretary of Agriculture is authorized to create an advisory council in relation to the plan and development of the national arboretum to be established under this chapter, to include representatives of national organizations interested in the work of the arboretum.

(Mar. 4, 1927, ch. 505, §4, 44 Stat. 1422.)

Termination of Advisory Councils

Advisory councils in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§195. Gifts, bequests, or devises for benefit of National Arboretum; separate fund in the Treasury

Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to accept, receive, hold, utilize, and administer on behalf of the United States gifts, bequests, or devises of real and personal property made for the benefit of the National Arboretum or for the carrying out of any of its functions. For the purposes of the Federal income, estate, and gift tax laws, property accepted under the authority of this section shall be considered as a gift, bequest, or devise to the United States. Any gift of money accepted pursuant to the authority granted in this section, or the net proceeds from the liquidation of any property so accepted, or the proceeds of any insurance on any gift property not used for its restoration shall be deposited in the Treasury of the United States for credit to a separate fund and shall be disbursed upon order of the Secretary of Agriculture.

(Mar. 4, 1927, ch. 505, §5, as added Nov. 13, 1975, Pub. L. 94–129, 89 Stat. 683.)

References in Text

The Federal income, estate, and gift tax laws, referred to in text, are classified generally to Title 26, Internal Revenue Code.

CHAPTER 12—FOREIGN AND EXCHANGE STUDENTS

Sec.
221.
Instructions of citizens from American republics; Government maintained professional educational institutions.
221a.
Instructions of citizens from American republics; United States Military Academy; restrictions; saving provision.
222 to 224. Repealed.
225.
Fund for education of Iranian students in United States.
226.
Cooperative public and private sector program for providing scholarships to students from the Caribbean and Central America.
(a)
Statement of purpose.
(b)
Establishment of scholarship program.
(c)
Grants to States.
(d)
Agreement with States.
(e)
Federal share.
(f)
Non-Federal share.
(g)
Forgiveness of scholarship assistance.
(h)
Private sector participation.
(i)
Funding.
(j)
Definitions.

        

§221. Instructions of citizens from American republics; Government maintained professional educational institutions

The President is authorized, in his discretion and under such regulations as he may prescribe by Executive order, to permit citizens of the American republics to receive instruction, with or without charge therefor, at professional educational institutions and schools maintained and administered by the Government of the United States or by departments or agencies thereof: Provided, That such citizens shall agree to comply with all regulations for the government of the institutions and schools at which they may be under instruction and to exert every effort to accomplish successfully the courses of instruction prescribed: And provided further, That the regulations prescribed by the President under the authority of this section shall contain provisions limiting the admission of citizens of the American republics to primary schools maintained and administered by the Government of the United States so that there will under no circumstances be any curtailment of the admission of citizens of the United States eligible to receive instruction therein.

(June 24, 1938, ch. 644, 52 Stat. 1034; July 14, 1941, ch. 292, 55 Stat. 589; June 26, 1946, ch. 493, §1, 60 Stat. 311.)

Codification

Section originally provided that “not more than one citizen of any American republic shall receive instruction at the same time in the United States Military Academy and not more than one in the United States Naval Academy.” This phrase has been omitted in view of acts July 14, 1941, and June 26, 1946. See sections 4344, 6957, and 9344 of Title 10, Armed Forces.

Section Referred to in Other Sections

This section is referred to in section 221a of this title.

§221a. Instructions of citizens from American republics; United States Military Academy; restrictions; saving provision

After June 26, 1946, no person shall have authority to permit citizens of the American Republics to receive instruction at the United States Military Academy under the provisions of section 221 of this title. Any person who is receiving instruction at the United States Military Academy on June 26, 1946, under authority of section 221 of this title, may, in the discretion of the President, be permitted to continue to receive such instruction and, if so permitted, shall thereafter be deemed to be receiving instruction under the provisions of sections 4344 and 9344 of title 10.

(June 26, 1946, ch. 493, §2, 60 Stat. 312.)

Codification

Words “sections 4344 and 9344 of title 10” substituted in text for “section 1 of this Act”, meaning section 1 of act June 27, 1946, ch. 493, 60 Stat. 311, on authority of act Aug. 10, 1956, §49(b), ch. 1041, 70A Stat. 640, the first section of which enacted Title 10, Armed Forces.

§§222 to 224. Repealed. Pub. L. 87–256, §111(a)(4), Sept. 21, 1961, 75 Stat. 538

Sections, act Aug. 24, 1949, ch. 505, §§1–3, 63 Stat. 630, authorized the creation of a special deposit account for sums due or paid by the Republic of Finland to the United States as interest on or in retirement of the principal of the debt incurred under the act of Feb. 25, 1919, as refunded by the agreement dated May 1, 1923, pursuant to authority contained in sections 805 to 809 of former Title 31, Money and Finance, or of any other indebtedness incurred by Finland and owing to the United States as a result of World War I, provided for the use of such fund for exchange of students, professors, etc., for the interchange of books and technical equipment, and for disbursements from the account. See section 2451 et seq. of Title 22, Foreign Relations and Intercourse, particularly section 2455.

Continuation of Certain Executive Orders, Agreements, Determinations, Regulations, Contracts, Appointments, and Other Actions

Continuation in full force and effect, and applicability to the appropriate provisions of the Mutual Educational and Cultural Exchange Act of 1961, set out in section 2451 et seq. of Title 22, Foreign Relations and Intercourse, until modified or superseded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of these sections, see section 111(b) of Pub. L. 87–256, set out as a note under section 2451 of Title 22.

§225. Fund for education of Iranian students in United States

There is authorized to be appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of $110,000, which sum shall be expended by the Secretary of State in his discretion for the education of Iranian students in the United States, in accordance with the obligation of the United States arising out of the agreement contained in an exchange of notes between this Government and the Iranian Government of July 25, July 29, November 9, and November 15, 1924, which agreement settled a claim asserted by the United States.

The said sum of $110,000 shall be deemed a trust fund received by the Secretary of State under the provisions of section 2668a of title 22, and shall be expended as therein provided. The said sum shall be deemed to constitute the fund of $110,000 received by the United States from the Iranian Government in four installments between December 24, 1924, and March 29, 1925, pursuant to the afore-mentioned notes, and deposited in the Treasury of the United States on June 24, 1925, which fund shall be deemed, insofar as the same may be necessary, to have been heretofore appropriated as a trust fund under section 2668a of title 22 and sections 1321 and 1322(a) of title 31. The Secretary of the Treasury shall make payments out of the said fund to or for the account of such persons, in such amounts, at such times, and on such terms, as the Secretary of State or his designee shall certify and the certificates of the Secretary of State or his designee issued hereunder shall be conclusive as to the propriety of payments so made. The expenditure of the said sum by the United States shall constitute full performance of the obligation of the United States to the Iranian Government or any other person arising out of the said notes and shall discharge the Secretary of State and the Secretary of the Treasury with respect to any accountability therefor.

(Sept. 29, 1950, ch. 1110, §§1, 2, 64 Stat. 1081.)

Codification

Words “section 2668a of title 22” substituted in text for “the Act of February 27, 1896, (29 Stat. 32, title 31, U.S.C. sec. 547)” and “the said Act of February 27, 1896” to reflect the transfer of section 547 of Title 31, Money and Finance, to section 2668a of Title 22, Foreign Relations and Intercourse.

Words “sections 1321 and 1322(a) of title 31” substituted in text for “the Permanent Appropriation Repeal Act, 1934, as amended, section 20 (48 Stat. 1233, 31 U.S.C., sec. 725(s) [31 U.S.C. 725s]” on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31.

§226. Cooperative public and private sector program for providing scholarships to students from the Caribbean and Central America

(a) Statement of purpose

It is the purpose of this section to encourage the establishment of partnerships between State governments, universities, community colleges, and businesses to support scholarships for talented socially and economically disadvantaged students from eligible countries in the Caribbean and Central America to study in the United States in order to—

(1) improve the diversity and quality of educational opportunities for such students;

(2) assist the development efforts of eligible countries by providing training and educational assistance to persons who can help address the social and economic needs of these countries;

(3) expand opportunities for cross-cultural studies and exchanges and improve the exchange of understanding and principles of democracy;

(4) promote positive and productive relationships between the United States and its neighbor countries in the Caribbean and Central American regions;

(5) give added visibility and focus to the “scholarship diplomacy” efforts of the United States Government by leveraging the monies available for this purpose through the development of partnerships among Federal, State, and local governments and the business and academic communities; and

(6) promote community involvement with the scholarship program as a tool for broadening and strengthening the “American experience” for foreign students.

(b) Establishment of scholarship program

The Administrator of the Agency for International Development shall establish and administer a program of scholarship assistance, in cooperation with State governments, universities, community colleges, and businesses, to provide scholarships to enable socially and economically disadvantaged students from eligible countries in the Caribbean and Central America to study in the United States.

(c) Grants to States

In carrying out this section, the Administrator may make grants to States to provide scholarship assistance for undergraduate degree programs and for training programs of one year or longer in study areas related to the critical development needs of the students’ respective countries.

(d) Agreement with States

The Administrator and each participating State shall agree on a program regarding the educational opportunities available within the State, the selection and assignment of scholarship recipients, and related issues. To the maximum extent practicable, each State shall be given flexibility in designing its program.

(e) Federal share

The Federal share for each year for which a State receives payments under this section shall be not less than 50 percent.

(f) Non-Federal share

The non-Federal share of payments under this section may be in cash, including the waiver of tuition or the offering of in-State tuition or housing waivers or subsidies, or in-kind fairly evaluated, including the provision of books or supplies.

(g) Forgiveness of scholarship assistance

The obligation of any recipient to reimburse any entity for any or all scholarship assistance provided under this section shall be forgiven upon the recipient's prompt return to his or her country of domicile for a period which is at least one year longer than the period spent studying in the United States with scholarship assistance.

(h) Private sector participation

To the maximum extent practicable, each participating State shall enlist the assistance of the private sector to enable the State to meet the non-Federal share of payments under this section. Wherever appropriate, each participating State shall encourage the private sector to offer internships or other opportunities consistent with the purposes of this section to students receiving scholarships under this section.

(i) Funding

Any funds used in carrying out this section shall be derived from funds allocated for Latin American and Caribbean regional programs under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 and following; relating to the economic support fund).

(j) Definitions

As used in this section—

(1) The term “eligible country” means any country—

(A) which is receiving assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and following; relating to development assistance) or chapter 4 of part II of that Act (22 U.S.C. 2346 and following; relating to the economic support fund); and

(B) which is designated by the President as a beneficiary country pursuant to the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.].


(2) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

(Pub. L. 101–382, title II, §231, Aug. 20, 1990, 104 Stat. 661.)

References in Text

The Foreign Assistance Act of 1961, referred to in subsecs. (i) and (j)(1)(A), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as amended. Chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 are classified generally to part I (§2151 et seq.) of subchapter I and part IV (§2346 et seq.) of subchapter II, respectively, of chapter 32 of Title 22, Foreign Relations and Intercourse. For provisions deeming references to part I of subchapter I to include a reference to section 2293 of Title 22, see section 2293(d)(1) of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables.

The Caribbean Basin Economic Recovery Act, referred to in subsec. (j)(1)(B), is title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§2701 et seq.) of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of Title 19 and Tables.

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

CHAPTER 13—FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

SUBCHAPTER I—ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITY

Sec.
231 to 241–1. Omitted or Repealed.

        

SUBCHAPTER II—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES

241a to 241b–1. Repealed or Transferred.

        

Part A—Basic Grants

subpart 1—grants to local educational agencies

241c.
Repealed.

        

subpart 2—state operated programs

241c–1 to 241c–5. Repealed.

        

Part B—Special Incentive Grants

241d to 241d–2. Repealed.

        

Part C—Special Grants

241d–11, 241d–12. Repealed.

        

Part D—General Provisions

241e to 241o. Repealed.

        

SUBCHAPTER III—FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR EDUCATION OF INDIAN CHILDREN

241aa to 241ff. Repealed.

        

SUBCHAPTER IV—GENERAL

242 to 246. Repealed, Transferred, or Omitted.

        

SUBCHAPTER I—ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITY

§§231 to 235. Omitted

Codification

Sections, act Sept. 10, 1949, ch. 582, 63 Stat. 697, related to Federal aid to local school agencies to provide educational opportunities to children in federally affected areas, received appropriations of $7,500,000 only for the fiscal year 1950.

§§236 to 239. Repealed. Pub. L. 103–382, title III, §331(b), Oct. 20, 1994, 108 Stat. 3965

Section 236, acts Sept. 30, 1950, ch. 1124, title I, §1, formerly §1, 64 Stat. 1100, renumbered title I, §1, and amended Apr. 11, 1965, Pub. L. 89–10, title I, §2, 79 Stat. 27; Apr. 28, 1988, Pub. L. 100–297, title II, §2012(b), 102 Stat. 294, related to Congressional declaration of policy and authorization of appropriations. See section 7701 of this title.

Section 237, acts Sept. 30, 1950, ch. 1124, title I, §2, formerly §2, 64 Stat. 1101; Aug. 8, 1953, ch. 402, §1, 67 Stat. 530; Aug. 12, 1955, ch. 868, §1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, §201, 70 Stat. 970; Aug. 12, 1958, Pub. L. 85–620, title II, §201, 72 Stat. 559; Oct. 3, 1961, Pub. L. 87–344, title I, §102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88–210, title III, §302, formerly §32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90–576, title I, §101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88–665, title XI, §1102(a), 78 Stat. 1109; renumbered and amended Apr. 11, 1965, Pub. L. 89–10, title I, §§2, 5, 79 Stat. 27, 36; Jan. 2, 1968, Pub. L. 90–247, title II, §204(a)–(c), title III, §301(e), 81 Stat. 808, 813; Apr. 13, 1970, Pub. L. 91–230, title II, §201(b), 84 Stat. 154; Aug. 21, 1974, Pub. L. 93–380, title III, §303(a)(1), 88 Stat. 522; Apr. 21, 1976, Pub. L. 94–273, §3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95–561, title X, §1001(a), 92 Stat. 2306; Oct. 19, 1984, Pub. L. 98–511, title III, §301(a)(1), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100–297, title II, §§2011(a)(1), 2012(a), 2013, 102 Stat. 294; May 11, 1989, Pub. L. 101–26, §2(a), 103 Stat. 54; May 30, 1990, Pub. L. 101–305, §7(a), 104 Stat. 259; Nov. 16, 1990, Pub. L. 101–589, title VII, §722(a), 104 Stat. 2912, related to Federal contributions to local educational agencies. See section 7702 of this title.

Section 238, acts Sept. 30, 1950, ch. 1124, title I, §3, formerly §3, 64 Stat. 1102; Aug. 8, 1953, ch. 402, §2, 67 Stat. 530; Aug. 12, 1955, ch. 868, §1, 69 Stat. 713; Aug. 1, 1956, ch. 852, §10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, §§202–206, 70 Stat. 970, 971; Aug. 12, 1958, Pub. L. 85–620, title II, §202, 72 Stat. 559; June 25, 1959, Pub. L. 86–70, §18(d)(1)–(3), 73 Stat. 144, 145; July 12, 1960, Pub. L. 86–624, §14(d)(1)–(3), 74 Stat. 414; Oct. 3, 1961, Pub. L. 87–344, title I, §102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88–210, title III, §302, formerly §32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90–576, title I, §101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88–665, title XI, §1102(a), 78 Stat. 1109; renumbered and amended Apr. 11, 1965, Pub. L. 89–10, title I, §§2, 3(a), 4(d)(2), 5, 79 Stat. 27, 34–36; Nov. 1, 1965, Pub. L. 89–313, §4(a), 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89–750, title II, §201, 80 Stat. 1210; Jan. 2, 1968, Pub. L. 90–247, title II, §§204(d), 205(a), 206, title III, §301(e), 81 Stat. 808, 809, 813; Apr. 13, 1970, Pub. L. 91–230, title II, §§201(b), 202, 84 Stat. 154, 155; Aug. 21, 1974, Pub. L. 93–380, title III, §§304(a)(1), (b)(1), 305(a)(1), 88 Stat. 522, 523; Apr. 21, 1976, Pub. L. 94–273, §3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95–561, title X, §§1001(b), 1002, 1003(a), (b), (d), 1004, 1031(a), title XI, §1101(a), 92 Stat. 2306, 2307, 2312, 2313; Aug. 13, 1981, Pub. L. 97–35, title V, §505(a)(2), 95 Stat. 442; Sept. 24, 1983, Pub. L. 98–94, title XII, §1255(b), 97 Stat. 701; Oct. 19, 1984, Pub. L. 98–511, title III, §§301(a)(1)–(3), 303(a), 98 Stat. 2388; Nov. 8, 1984, Pub. L. 98–619, title III, §300, 98 Stat. 3323; July 2, 1986, Pub. L. 99–349, title I, 100 Stat. 739, 740; Apr. 28, 1988, Pub. L. 100–297, title II, §§2011(a)(1), 2012(a), 2014, 2019, 102 Stat. 294, 300; May 11, 1989, Pub. L. 101–26, §2(b), 103 Stat. 54; May 30, 1990, Pub. L. 101–305, §3(a), (b), 104 Stat. 255, 256; Oct. 30, 1990, Pub. L. 101–476, title IX, §901(a)(3), (f)(1), 104 Stat. 1142, 1151; Aug. 17, 1991, Pub. L. 102–103, title IV, §401, 105 Stat. 508, related to payments to local school agencies. See section 7703 of this title.

Section 239, acts Sept. 30, 1950, ch. 1124, title I, §4, formerly §4, 64 Stat. 1104; Aug. 8, 1953, ch. 402, §§3 5, 67 Stat. 532 534; Aug. 12, 1955, ch. 868, §§1, 2, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, §§207, 208, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85 620, title II, §203, 72 Stat. 560; Oct. 3, 1961, Pub. L. 87 344, title I, §102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88 210, title III, §302, formerly §32, 77 Stat. 419, renumbered Oct. 16, 1968, Pub. L. 90 576, title I, §101(a)(1), 82 Stat. 1064; Oct. 16, 1964, Pub. L. 88 665, title XI, §1102(a), 78 Stat. 1109; renumbered and amended Apr. 11, 1965, Pub. L. 89 10, title I, §§3(b), 5, 79 Stat. 34, 36; Jan. 2, 1968, Pub. L. 90 247, title III, §301(e), 81 Stat. 813; Apr. 13, 1970, Pub. L. 91 230, title II, §201(b), 84 Stat. 154; Aug. 21, 1974, Pub. L. 93 380, title III, §303(a)(2), 88 Stat. 522; Apr. 21, 1976, Pub. L. 94 273, §3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95 561, title X, §1001(c), 92 Stat. 2306; Oct. 19, 1984, Pub. L. 98 511, title III, §301(a)(1), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100 297, title II, §§2011(a)(1), 2012(a), 102 Stat. 294, related to sudden and substantial increases in attendance resulting from activities of the United States.

Effective Date of Repeal

Section 3(a)(3)(B) of Pub. L. 103 382 provided that: “Part C [§331, repealing sections 236 to 239, 240 to 241 1, 242 to 244, and 631 to 647 of this title] of title III of this Act and the amendments made by such part shall take effect on October 1, 1994.”

§239a. Repealed. Pub. L. 97 35, title V, §542(1), Aug. 13, 1981, 95 Stat. 458

Section, act Sept. 30, 1950, ch. 1124, title I, §4A, as added Oct. 3, 1980, Pub. L. 96 374, title XIII, §1341, 95 Stat. 1500, related to payments for special programs for alien children who fled from Cambodia, Vietnam, Laos, Cuba, or Haiti. See provisions set out as notes under section 1522 of Title 8, Aliens and Nationality.

Effective Date of Repeal

Repeal effective Oct. 1, 1981, see section 547 of Pub. L. 97 35, set out as a note under section 1522 of Title 8, Aliens and Nationality.

§§240 to 241 1. Repealed. Pub. L. 103 382, title III, §331(b), Oct. 20, 1994, 108 Stat. 3965

Section 240, acts Sept. 30, 1950, ch. 1124, title I, §5, formerly §5, 64 Stat. 1106; Aug. 8, 1953, ch. 402, §§6, 7, 67 Stat. 534; Aug. 3, 1956, ch. 915, title II, §209, 70 Stat. 972; renumbered title I, §5, and amended Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 27; Nov. 3, 1966, Pub. L. 89 750, title II, §§202, 203, 80 Stat. 1211, 1212; Oct. 16, 1968, Pub. L. 90 576, title III, §305(a), 82 Stat. 1097; Apr. 13, 1970, Pub. L. 91 230, title II, §203(c)(4), 84 Stat. 156; June 23, 1972, Pub. L. 92 318, title IV, §411(c)(1), 86 Stat. 338; Aug. 21, 1974, Pub. L. 93 380, title III, §§304(c)(1), (2), (d)(2), 305(a)(2), 88 Stat. 522, 523, 529; Apr. 21, 1976, Pub. L. 94 273, §3(5), 90 Stat. 376; Oct. 12, 1976, Pub. L. 94 482, title III, §330(a), (b)(1) (3), 90 Stat. 2221; Nov. 1, 1978, Pub. L. 95 561, title X, §§1003(c), 1005, 1006(a), 1007, 1008, title XI, §1101(b), (c), (e), 92 Stat. 2306 2309, 2313, 2315; Aug. 6, 1979, Pub. L. 96 46, §3(b), 93 Stat. 342; Oct. 31, 1983, Pub. L. 98 139, title III, 97 Stat. 889; Dec. 8, 1983, Pub. L. 98 211, §23, 97 Stat. 1419; Aug. 22, 1984, Pub. L. 98 396, title I, §101, 98 Stat. 1393; Oct. 19, 1984, Pub. L. 98 511, title III, §303(b)(1), 98 Stat. 2389; Apr. 28, 1988, Pub. L. 100 297, title II, §§2011(a)(1), (2), 2015, 102 Stat. 294, 296; May 11, 1989, Pub. L. 101 26, §2(c) (e), 103 Stat. 54, 55; May 30, 1990, Pub. L. 101 305, §3(c), (d), 104 Stat. 256, 257; Nov. 16, 1990, Pub. L. 101 589, title VII, §722(d), 104 Stat. 2913; Aug. 17, 1991, Pub. L. 102 103, title IV, §402, 105 Stat. 508; Nov. 13, 1991, Pub. L. 102 159, §2, 105 Stat. 1042; Oct. 23, 1992, Pub. L. 102 484, div. A, title III, §387, 106 Stat. 2397, related to payments to local educational agencies. See section 7705 of this title.

Section 241, acts Sept. 30, 1950, ch. 1124, title I, §6, formerly §6, 64 Stat. 1107; Aug. 8, 1953, ch. 402, §8, 67 Stat. 535; Aug. 1, 1955, ch. 446, 69 Stat. 433; Aug. 1, 1956, ch. 852, §10, 70 Stat. 909; May 6, 1960, Pub. L. 86 449, title V, §501, 74 Stat. 89; renumbered title I, §6, and amended Apr. 11, 1965, Pub. L. 89 10, title I, §§2, 4(d)(2), 79 Stat. 27, 35; July 21, 1965, Pub. L. 89 77, §2, 79 Stat. 243; Nov. 3, 1966, Pub. L. 89 750, title II, §204, 80 Stat. 1212; Apr. 13, 1970, Pub. L. 91 230, title IV, §401(f)(1), 84 Stat. 173; Nov. 1, 1978, Pub. L. 95 561, title X, §§1009, 1031(a), 92 Stat. 2309, 2312; Apr. 28, 1988, Pub. L. 100 297, title II, §§2011(a)(1), 2016, 102 Stat. 294, 299; Oct. 7, 1991, Pub. L. 102 119, §23(a), 105 Stat. 604, related to education of children where local agencies cannot supply facilities.

Section 241 1, acts Sept. 30, 1950, ch. 1124, title I, §7, as added Nov. 1, 1965, Pub. L. 89 313, §2, 79 Stat. 1159; amended Jan. 2, 1968, Pub. L. 90 247, title II, §218, 81 Stat. 811; Oct. 21, 1968, Pub. L. 90 608, ch. IV, §402, 82 Stat. 1194; Apr. 13, 1970, Pub. L. 91 230, title II, §201(c), 84 Stat. 154; Dec. 31, 1970, Pub. L. 91 606, title III, §301(e), 84 Stat. 1759; 1973 Reorg. Plan No. I, §§1, 3(a)(1), eff. July 1, 1973, 38 F.R. 9579, 87 Stat. 1089; Dec. 10, 1973, Ex. Ord. No. 11749, §2(2), 38 F.R. 34177; May 22, 1974, Pub. L. 93 288, title VII, §702(e), formerly title VI, §602(e), 88 Stat. 163, renumbered title VII, §702(e), Oct. 5, 1994, Pub. L. 103 337, div. C, title XXXIV, §3411(a)(1), (2), 108 Stat. 3100; Aug. 21, 1974, Pub. L. 93 380, title III, §§303(a)(3), 305(a)(3), 88 Stat. 522, 532; Apr. 21, 1976, Pub. L. 94 273, §3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95 561, title X, §1010(a), 92 Stat. 2310; July 20, 1979, Ex. Ord. No. 12148, §4 106, 44 F.R. 43239; Aug. 6, 1979, Pub. L. 96 46, §3(a), 93 Stat. 342; Oct. 17, 1979, Pub. L. 96 88, title III, §301(b)(2), title V, §507, 93 Stat. 679, 692; Oct. 19, 1984, Pub. L. 98 511, title III, §301(a)(1), 98 Stat. 2388; Apr. 28, 1988, Pub. L. 100 297, title II, §§2011(a)(1), (b), 2012(a), 2017, 102 Stat. 294, 299; Nov. 23, 1988, Pub. L. 100 707, title I, §109(i), 102 Stat. 4709, related to assistance for current school expenditures in cases of certain disasters.

Effective Date of Repeal

Repeal effective Oct. 1, 1994, see section 3(a)(3)(B) of Pub. L. 103 382, set out as a note under section 236 of this title.

SUBCHAPTER II—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES

§§241a, 241b. Repealed. Pub. L. 95 561, title I, §101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241a, act Sept. 30, 1950, ch. 1124, title II, §101, formerly §201, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 27, renumbered and amended Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(2), 110, 81 Stat. 786, 787; Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(2), 84 Stat. 126, set out the Congressional declaration of policy with regard to the program of assistance to local educational agencies for the education of children of low-income families.

Section 241b, act Sept. 30, 1950, ch. 1124, title II, §102, formerly §202, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 27, amended Nov. 3, 1966, Pub. L. 89 750, title I, §101, 80 Stat. 1191, and renumbered and amended Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(2), 110, title III, §301(a), 81 Stat. 786, 787, 813; Apr. 13, 1970, Pub. L. 91 230, title I, §§101(a), 113(b)(3), 84 Stat. 121, 126; Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(1), 88 Stat. 488; Apr. 21, 1976, Pub. L. 94 273, §2(12), 90 Stat. 375; Sept. 24, 1977, Pub. L. 95 112, §2(a)(1), 91 Stat. 911, set out the duration of the period during which the Commissioner could make payments for grants made on the basis of entitlements under this subchapter.

Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95 561, set out as an Effective Date of 1978 Amendment note under section 1221e 3 of this title.

§241b 1. Transferred

Codification

Section, Pub. L. 93 380, title I, §101(a)(10), Aug. 21, 1974, 88 Stat. 501, which authorized appropriations for assistance to local educational agencies whose total basic grants allotment was 90 percent or less than the allotment during the preceding year, was transferred to section 2713 of this title and subsequently omitted from the Code.

Part A—Basic Grants

Part Referred to in Other Sections

This part is referred to in section 2713 of this title.

subpart 1—grants to local educational agencies

§241c. Repealed. Pub. L. 95 561, title I, §101(c), Nov. 1, 1978, 92 Stat. 2200

Section, act Sept. 30, 1950, ch. 1124, title II, §103, formerly §203, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 28, amended July 21, 1965, Pub. L. 89 77, §3, 79 Stat. 243; Nov. 1, 1965, Pub. L. 89 313, §6(a), 79 Stat. 1161; Nov. 3, 1966, Pub. L. 89 750, title I, §§102, 103(a), 104, 105(a), (b)(1), (2), (c), 106, 107, 108(b)(1), 113(b), 117(a)(2), (3), 80 Stat. 1191 1195, 1197, 1198, and renumbered and amended Jan. 2, 1968, Pub. L. 90 247, title I, §§101, 103(a), 104(a), (b), 105, 107(a), 108(a)(2), 110, 81 Stat. 783 787; Oct. 16, 1968, Pub. L. 90 576, title III, §307, 82 Stat. 1097; Apr. 13, 1970, Pub. L. 91 230, title I, §§101(b), 103, 104(a), 105(a), (b), 106, 107, 113(a), 84 Stat. 121 124, 126; June 23, 1972, Pub. L. 92 318, title IV, §411(b)(1), (2), title V, §508, 86 Stat. 338, 352; Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(2)(A)(i)(II), (ii), (B) (D), 88 Stat. 488, 490, 491; Apr. 21, 1976, Pub. L. 94 273, §49(a) (c), 90 Stat. 382, authorized grants to local educational agencies.

Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95 561, set out as an Effective Date of 1978 Amendment note under section 1221e 3 of this title.

subpart 2—state operated programs

§§241c 1 to 241c 5. Repealed. Pub. L. 95 561, title I, §101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241c 1, act Sept. 30, 1950, ch. 1124, title II, §121, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(2)(E), 88 Stat. 491, provided for programs for handicapped children.

Another section 121 of act Sept. 30, 1950, as added by Pub. L. 91 230, title I, §113(b)(6), Apr. 13, 1970, 84 Stat. 126, and renumbered section “126” by Pub. L. 93 380, was classified to section 241d of this title.

Section 241c 2, act Sept. 30, 1950, title II, §122, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(2)(E), 88 Stat. 492, provided for programs for migratory children.

Another section 122 of act Sept. 30, 1950, as added by Pub. L. 91 230, title I, §113(b)(6), Apr. 13, 1970, 84 Stat. 126, and renumbered section “127” by Pub. L. 93 380, was classified to section 241d 1 of this title.

Section 241c 3, act Sept. 30, 1950, ch. 1124, title II, §123, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(2)(E), 88 Stat. 494, provided for programs for neglected or delinquent children.

Another section 123 of act Sept. 30, 1950, as added by Pub. L. 91 230, title I, §113(b)(6), Apr. 13, 1970, 84 Stat. 127, and renumbered section “128” by Pub. L. 93 380, was classified to section 241d 2 of this title.

Section 241c 4, act Sept. 30, 1950, ch. 1124, title II, §124, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(2)(E), 88 Stat. 494, provided for the reservation of funds for territories.

Section 241c 5, act Sept. 30, 1950, ch. 1124, title II, §125, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(2)(E), 88 Stat. 495, and amended Apr. 21, 1976, Pub. L. 94 273, §3(8), 90 Stat. 376; Oct. 12, 1976, Pub. L. 94 482, title V, §501(b)(1)(A), (o), 90 Stat. 2236, 2238; Sept. 24, 1977, Pub. L. 95 112, §2(a)(1), 91 Stat. 911, related to minimum payments for State operated programs.

Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95 561, set out as an Effective Date of 1978 Amendment note under section 1221e 3 of this title.

Part B—Special Incentive Grants

§§241d to 241d 2. Repealed. Pub. L. 95 561, title I, §101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241d, act Sept. 30, 1950, ch. 1124, title II, §126, formerly §121, as added Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(6), 84 Stat. 126, renumbered Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94 482, title V, §501(b)(1)(B), 90 Stat. 2236, related to maximum entitlement for special incentive grants.

A prior section 241d, act Sept. 30, 1950, ch. 1124, title I, §104, formerly §204, as added by Pub. L. 89 10, title I, §2, Apr. 11, 1965, 79 Stat. 30, and renumbered by Pub. L. 90 247, title I, §110, Jan. 2, 1968, 81 Stat. 787, making provision for special incentive grants to local educational agencies, was repealed by Pub. L. 89 750, title I, §108(a), Nov. 3, 1966, 80 Stat. 1195. Such repeal, pursuant to section 191 of Pub. L. 89 750, was effective with respect to fiscal years beginning after June 30, 1966.

Provisions (for amount and distribution of special incentive grants) similar to those comprising this section, as added by Pub. L. 91 230, were contained in act Sept. 30, 1950, ch. 1124, title I, §121(a), formerly title II, §221(a), as added and renumbered Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(5), 110, 81 Stat. 786, 787 (classified to section 241h 1(a) of this title), prior to repeal thereof by Pub. L. 91 230, §113(b)(6).

Section 241d 1, act Sept. 30, 1950, ch. 1124, title II, §127, formerly §122, as added Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(6), 84 Stat. 126, renumbered Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94 482, title V, §501(a)(1), 90 Stat. 2235, related to application made for special incentive grants by States.

Provisions (for application and information therein) similar to those comprising part of this section were contained in act Sept. 30, 1950, ch. 1124, title I, §121(b), formerly title II, §221(b), as added and renumbered Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former section 241h 1(b) of this title), prior to repeal thereof by Pub. L. 91 230, §113(b)(6).

Section 241d 2, act Sept. 30, 1950, ch. 1124, title II, §128, formerly §123, as added Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(6), 84 Stat. 127, renumbered Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(3), 88 Stat. 495, and amended Oct. 12, 1976, Pub. L. 94 482, title V, §501(a)(1), 90 Stat. 2235, defined “effort index”.

Provisions (defining “State effort index” and “national effort index”) similar to those comprising this section were contained in act Sept. 30, 1950, ch. 1124, title I, §121(c), formerly title II, §221(c), as added and renumbered Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(5), 110, 81 Stat. 786, 787 (formerly classified to former section 241h 1(c) of this title), prior to repeal thereof by Pub. L. 91 230, §113(b)(6).

Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95 561, set out as an Effective Date of 1978 Amendment note under section 1221e 3 of this title.

Part C—Special Grants

§241d 11. Repealed. Pub. L. 95 561, title I, §101(c), Nov. 1, 1978, 92 Stat. 2200

Section, act Sept. 30, 1950, ch. 1124, title II, §131, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(4)(A), 88 Stat. 495, related to eligibility for and maximum amount of special grants.

A prior section 241d 11, act Sept. 30, 1950, ch. 1124, title II, §131, as added Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(6), 84 Stat. 127, which also related to eligibility and maximum amount of special grants for urban and rural schools serving areas with the highest concentrations of children from low-income families, was repealed by Pub. L. 93 380, title I, §101(a)(4)(B), Aug. 21, 1974, 88 Stat. 496, effective July 1, 1975.

Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95 561, set out as an Effective Date of 1978 Amendment note under section 1221e 3 of this title.

§241d 12. Repealed. Pub. L. 93 380, title I, §101(a)(4)(B), Aug. 21, 1974, 88 Stat. 496

Section, act Sept. 30, 1950, ch. 1124, title II, §132, as added Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(6), 84 Stat. 128, related to uses of funds for such special grants.

Effective Date of Repeal

Repeal effective July 1, 1975, pursuant to Pub. L. 93 380, §101(a)(4)(B).

Part D—General Provisions

§§241e to 241h. Repealed. Pub. L. 95 561, title I, §101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241e, act Sept. 30, 1950, ch. 1124, title II, §141, formerly §205, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 30, amended Nov. 3, 1966, Pub. L. 89 750, title I, §§103(b), 108(b)(1), (2), 110, 111(a) (e), 80 Stat. 1192, 1195, 1196, renumbered title I, §105 and amended Jan. 2, 1968, Pub. L. 90 247, title I, §§103(b), 106, 108(a)(2), 109, 110, 81 Stat. 783, 784, 786, 787, renumbered §141 and amended Apr. 13, 1970, Pub. L. 91 230, title I, §§108, 109(a), 110, 111(b), 113(b)(3), (4), (7), 84 Stat. 124 126, 128; June 23, 1972, Pub. L. 92 318, title V, §507(a), (b), 86 Stat. 352; Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(5), (9)(A), (B), 88 Stat. 496, 500; Oct. 12, 1976, Pub. L. 94 482, title V, §501(b)(1)(C), (D), 90 Stat. 2236, related to applications for grants by local agencies.

Section 241e 1, act Sept. 30, 1950, ch. 1124, title II, §141A, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(6), 88 Stat. 497, related to participation of children enrolled in private schools.

Section 241f, act Sept. 30, 1950, ch. 1124, title II, §142, formerly §206, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 31, amended Nov. 1, 1965, Pub. L. 89 313, §6(b), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89 750, title I, §103(c)(1), 80 Stat. 1193, renumbered §106, and amended Jan. 2, 1968, Pub. L. 90 247, title I, §§103(c), 108(a)(2), 110, 81 Stat. 783, 786, 787, and renumbered §142 and amended Apr. 13, 1970, Pub. L. 91 230, title I, §§111(a), 113(b)(3), (4), 84 Stat. 125, 126; Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(9)(D), (E), 88 Stat. 500, related to assurances required from States desiring to participate.

Section 241g, act Sept. 30, 1950, ch. 1124, title II, §143, formerly §207, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 32, amended Nov. 1, 1965, Pub. L. 89 313, §7(a), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89 750, title I, §§103(c)(2), 108(b)(3), 112, 113(a), 80 Stat. 1193, 1195, 1197, renumbered §107 and amended Jan. 2, 1968, Pub. L. 90 247, title I, §§102, 103(c), 108(a)(2), 110, 81 Stat. 783, 786, 787 and renumbered §143 and amended Apr. 13, 1970, Pub. L. 91 230, title I, §§113(b)(3), (4), (8), 114, 84 Stat. 126, 129, 130; Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(9)(C), (F), (G), title VIII, §843(a)(1), 88 Stat. 500, 611; Oct. 12, 1976, Pub. L. 94 482, title III, §323(a)(1), 90 Stat. 2217, related to payment of funds.

Section 241h, act Sept. 30, 1950, ch. 1124, title II, §144, formerly §208, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89 750, title I, §114, 80 Stat. 1197, renumbered §108 and amended Jan. 2, 1968, Pub. L. 90 247, title I, §§107(b), 110, 81 Stat. 785, 787, renumbered §144 and amended Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(3), (4), (c), (d), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(7), (9)(H), 88 Stat. 498, 500, related to adjustments necessitated by appropriations.

Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95 561, set out as an Effective Date of 1978 Amendment note under section 1221e 3 of this title.

§§241h 1, 241i. Repealed. Pub. L. 91 230, title I, §113(b)(6), title IV, §401(g)(1), Apr. 13, 1970, 84 Stat. 126, 174

Section 241h 1, act Sept. 30, 1950, ch. 1124, title II, §121, formerly §221, as added and renumbered Jan. 2, 1968, Pub. L. 90 247, §§108(a)(5), 110, 81 Stat. 786, 787, and amended Apr. 13, 1970, Pub. L. 91 230, title I, §101(c), 84 Stat. 121, related to special incentive grants and provided in: subsec. (a) for amount and distribution of such grants; subsec. (b) for application for grant and disapproval only after notice and opportunity for hearing; subsec. (c) definitions of “State effort index” and “national effort index”; and subsec. (d) authorization of appropriations of $50,000,000 for fiscal year ending June 30, 1969, and for each of the succeeding fiscal years ending prior to July 1, 1973.

Section 241i, act Sept. 30, 1950, ch. 1124, title II, §145, formerly §209, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 33, renumbered §231 and further renumbered §131, Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(4), 110, 81 Stat. 786, 787, and renumbered §145, Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(4), 84 Stat. 126, related to labor standards requirements (prevailing wage rates). See section 1232b of this title.

§§241j to 241o. Repealed. Pub. L. 95 561, title I, §101(c), Nov. 1, 1978, 92 Stat. 2200

Section 241j, act Sept. 30, 1950, ch. 1124, title II, §146, formerly §210, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89 750, title I, §103(c)(3), 80 Stat. 1193, renumbered §232, amended and further renumbered §132, Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(4), (b), 110, 81 Stat. 786, 787, and renumbered §146, and amended Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(4), (9), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(9)(I), 88 Stat. 501, related to withholding of funds for noncompliance with assurances.

Section 241k, act Sept. 30, 1950, ch. 1124, title II, §147, formerly §211, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 33, amended Nov. 3, 1966, Pub. L. 89 750, title I, §103(c)(4), 80 Stat. 1193, renumbered §233, amended and further renumbered §133, Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(4), (b), 110, 81 Stat. 786, 787, renumbered §147, and amended Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(4), (10), 84 Stat. 126, 129; Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(9)(J), 88 Stat. 501, related to judicial review.

Section 241l, act Sept. 30, 1950, ch. 1124, title II, §148, formerly §212, as added Apr. 11, 1965, Pub. L. 89 10, title I, §2, 79 Stat. 34, amended Nov. 3, 1966, Pub. L. 89 750, title I, §115, 80 Stat. 1197, renumbered §234, amended and further renumbered §134, Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(4), 110, 114, 81 Stat. 786 788, and renumbered §148, and amended Apr. 13, 1970, Pub. L. 91 230, title I, §§112, 113(b)(4), 84 Stat. 125, 126; Aug. 21, 1974, Pub. L. 93 380, title VIII, §845(a), 88 Stat. 612; Apr. 21, 1976, Pub. L. 94 273, §3(8), 90 Stat. 376; Sept. 24, 1977, Pub. L. 95 112, §2(a)(3), 91 Stat. 911, created National Advisory Council on the Education of Disadvantaged Children.

Section 241m, act Sept. 30, 1950, ch. 1124, title II, §149, formerly §213, as added Nov. 3, 1966, Pub. L. 89 750, title I, §109, 80 Stat. 1195, renumbered §235, and further renumbered §135, Jan. 2, 1968, Pub. L. 90 247, title I, §§108(a)(4), 110, 81 Stat. 786, 787, and renumbered §149, Apr. 13, 1970, Pub. L. 91 230, title I, §113(b)(4), 84 Stat. 126, related to treatment of earnings for purposes of aid to families with dependent children.

Section 241n, act Sept. 30, 1950, ch. 1124, title II, §150, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(8), 88 Stat. 499, related to allocation of funds within school districts of local educational agencies.

Section 241o, act Sept. 30, 1950, ch. 1124, title II, §151, as added Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(8), 88 Stat. 499; amended Apr. 21, 1976, Pub. L. 94 273, §3(8), 90 Stat. 376; Oct. 12, 1976, Pub. L. 94 482, title V, §501(b)(1)(E), (p), 90 Stat. 2236, 2238, related to system of program evaluation.

Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 1530(a) of Pub. L. 95 561, set out as an Effective Date of 1978 Amendment note under section 1221e 3 of this title.

SUBCHAPTER III—FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR EDUCATION OF INDIAN CHILDREN

§§241aa, 241bb. Repealed. Pub. L. 100 297, title V, §5352(1), Apr. 28, 1988, 102 Stat. 414

Section 241aa, act Sept. 30, 1950, ch. 1124, title III, §302, as added June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 335; amended Nov. 1, 1978, Pub. L. 95 561, title XI, §1142(a), 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98 511, title V, §513(a)(8), 98 Stat. 2400, related to Congressional declaration of policy.

Section 241bb, act Sept. 30, 1950, ch. 1124, title III, §303, as added June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 335; amended Aug. 21, 1974, Pub. L. 93 380, title VI, §§631(b), 632(b), 88 Stat. 585, 586; Apr. 21, 1976, Pub. L. 94 273, §3(5), 90 Stat. 376; Nov. 1, 1978, Pub. L. 95 561, title XI, §§1141(b), 1143, 92 Stat. 2328, 2329; Oct. 19, 1984, Pub. L. 98 511, title V, §513(a)(1) (3), (8), 98 Stat. 2399, 2400, related to grants to local educational agencies.

Effective Date of Repeal

Repeal effective July 1, 1988, see section 6303 of Pub. L. 100 297, set out as an Effective Date note under section 1201 of this title.

§241bb 1. Repealed. Pub. L. 100 297, title V, §5116(1), Apr. 28, 1988, 102 Stat. 381

Section, Pub. L. 95 561, title XI, §1146, Nov. 1, 1978, 92 Stat. 2330, deemed certain tribal schools to be local educational agencies for purposes of section 241bb(a) of this title.

§§241cc to 241ff. Repealed. Pub. L. 100 297, title V, §5352(1), Apr. 28, 1988, 102 Stat. 414

Section 241cc, act Sept. 30, 1950, ch. 1124, title III, §304, as added June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 335; amended Nov. 1, 1978, Pub. L. 95 561, title XI, §1142(b), 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98 511, title V, §513(a)(8), 98 Stat. 2400; Oct. 27, 1986, Pub. L. 99 570, title IV, §4133(b)(1), 100 Stat. 3207 133, set forth uses of Federal funds.

Section 241dd, act Sept. 30, 1950, ch. 1124, title III, §305, as added June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 336; amended Nov. 1, 1978, Pub. L. 95 561, title XI, §1144, 92 Stat. 2329; Oct. 19, 1984, Pub. L. 98 511, title V, §513(a)(4), (8), 98 Stat. 2399, 2400, related to conditions for approval of grants.

Section 241ee, act Sept. 30, 1950, ch. 1124, title III, §306, as added June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 337; amended Nov. 1, 1978, Pub. L. 95 561, title XI, §1150(f), 92 Stat. 2333; Aug. 22, 1984, Pub. L. 98 396, title I, 98 Stat. 1390; Oct. 19, 1984, Pub. L. 98 511, title V, §513(a)(8), 98 Stat. 2400, related to payments to local educational agencies.

Section 241ff, act Sept. 30, 1950, ch. 1124, title III, §307, as added June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 337; amended Nov. 1, 1978, Pub. L. 95 561, title XI, §1145, 92 Stat. 2330; Oct. 19, 1984, Pub. L. 98 511, title V, §513(a)(5), 98 Stat. 2399, related to authorization of appropriations and adjustments.

Effective Date of Repeal

Repeal effective July 1, 1988, see section 6303 of Pub. L. 100 297, set out as an Effective Date note under section 1201 of this title.

SUBCHAPTER IV—GENERAL

§§242 to 244. Repealed. Pub. L. 103 382, title III, §331(b), Oct. 20, 1994, 108 Stat. 3965

Section 242, acts Sept. 30, 1950, ch. 1124, title IV, §401, formerly §7, 64 Stat. 1107, renumbered title III, §301, Apr. 11, 1965, Pub. L. 89 10, title I, §3(c)(1), 79 Stat. 35; amended Nov. 3, 1966, Pub. L. 89 750, title II, §205, 80 Stat. 1212; Apr. 13, 1970, Pub. L. 91 230, title IV, §401(f)(1), 84 Stat. 173, and renumbered title IV, §401, June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 334; Apr. 28, 1988, Pub. L. 100 297, title II, §2011(a)(1), 102 Stat. 294, related to supervision over schools.

Section 243, acts Sept. 30, 1950, ch. 1124, title IV, §402, formerly §8, 64 Stat. 1108; Aug. 8, 1953, ch. 402, §9, 67 Stat. 536; Aug. 4, 1955, ch. 543, ch. 11, §202, 69 Stat. 485; Aug. 12, 1955, ch. 868, §1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, §210, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85 620, title II, §204, 72 Stat. 560; renumbered title III, §302, and amended Apr. 11, 1965, Pub. L. 89 10, title I, §3(c), 79 Stat. 35; Apr. 13, 1970, Pub. L. 91 230, title IV, §401(c)(1), 84 Stat. 173; renumbered title IV, §402, June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 334; Aug. 13, 1981, Pub. L. 97 35, title V, §505(c)(1), 95 Stat. 442; Apr. 28, 1988, Pub. L. 100 297, title II, §2011(a)(1), 102 Stat. 294, related to utilization of services and facilities of other Federal agencies.

Section 244, acts Sept. 30, 1950, ch. 1124, title IV, §403, formerly §9, 64 Stat. 1108; Aug. 8, 1953, ch. 402, §10, 67 Stat. 536; Aug. 1, 1956, ch. 852, §10, 70 Stat. 909; Aug. 3, 1956, ch. 915, title II, §211, 70 Stat. 972; Aug. 12, 1958, Pub. L. 85 620, title II, §205, 72 Stat. 560; June 25, 1959, Pub. L. 86 70, §18(d)(4), 73 Stat. 145; July 12, 1960, Pub. L. 86 624, §14(d)(4), 74 Stat. 414; Oct. 16, 1964, Pub. L. 88 665, title XI, §1102(b), 78 Stat. 1109, renumbered title III, §303, and amended Apr. 11, 1965, Pub. L. 89 10, title I, §§3(c)(1), 4(a) (c), (d)(1), (e), 79 Stat. 35; Nov. 1, 1965, Pub. L. 89 313, §6(c), 79 Stat. 1162; Nov. 3, 1966, Pub. L. 89 750, title I, §117(a)(1), (b), title II, §206, 80 Stat. 1198, 1199, 1213; Jan. 2, 1968, Pub. L. 90 247, title II, §201, 81 Stat. 806; Apr. 13, 1970, Pub. L. 91 230, title II, §203(b), 84 Stat. 156; Aug. 12, 1970, Pub. L. 91 375, §§4(a), 6(o), 84 Stat. 773, 783; renumbered title IV, §403, June 23, 1972, Pub. L. 92 318, title IV, §411(a), 86 Stat. 334, and amended Aug. 21, 1974, Pub. L. 93 380, title I, §101(a)(9)(K), title III, §304(d)(1), 88 Stat. 501, 523; Apr. 21, 1976, Pub. L. 94 273, §49(d), 90 Stat. 382; Oct. 12, 1976, Pub. L. 94 482, title V, §501(n), 90 Stat. 2237; Nov. 1, 1978, Pub. L. 95 561, title I, §101(b), title X, §§1011 1014, 1031(a), 92 Stat. 2200, 2310 2312; Apr. 28, 1988, Pub. L. 100 297, title II, §§2011(a)(1), (3), 2021, 102 Stat. 294, 300; May 30, 1990, Pub. L. 101 305, §3(f), 104 Stat. 257; Oct. 30, 1990, Pub. L. 101 476, title IX, §901(a)(3), (f)(2), 104 Stat. 1142, 1151, defined terms for purposes of this chapter. See section 7713 of this title.

Effective Date of Repeal

Repeal effective Oct. 1, 1994, see section 3(a)(3)(B) of Pub. L. 103 382, set out as a note under section 236 of this title.

§244a. Transferred

Codification

Section, act July 16, 1940, ch. 629, 54 Stat. 761, which related to school facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments, was transferred to section 7713a of this title.

§245. Repealed. Pub. L. 85 620, title II, §206, Aug. 12, 1958, 72 Stat. 561

Section, act Sept. 30, 1950, ch. 1124, §10, as added Aug. 8, 1953, ch. 402, §11, 67 Stat. 536; amended Aug. 12, 1955, ch. 868, §1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, §212, 70 Stat. 972, related to election by States to receive payments with respect to education of Indian children.

Effective Date of Repeal

Section 207 of Pub. L. 85 620 provided that: “The amendments made by this title [amending sections 237, 238, 239, 243, 244 of this title and repealing this section] shall be effective for the period beginning July 1, 1958.”

§246. Omitted

Section, Pub. L. 93 380, title VIII, §842, Aug. 21, 1974, 88 Stat. 610; Pub. L. 94 482, title III, §326, Oct. 12, 1976, 90 Stat. 2220; Pub. L. 96 88, title III, §301(a)(1), title V, §507, Oct. 17, 1979, 93 Stat. 677, 692, related to development and submission of State equalization plans by not later than Oct. 1, 1978.

CHAPTER 14—SCHOOL CONSTRUCTION IN AREAS AFFECTED BY FEDERAL ACTIVITIES

§§251 to 255, 271 to 280, 291 to 302, 311. Omitted

Codification

The act of Sept. 23, 1950, ch. 995, 64 Stat. 967, as amended by acts Aug. 8, 1953, ch. 400, §§1, 2, 67 Stat. 522, 528; Aug. 2, 1954, ch. 649, title VIII, §808(a), 68 Stat. 645; Aug. 31, 1954, ch. 1149, §§1 7, 68 Stat. 1005, 1006; Aug. 12, 1955, ch. 868, §§4 7, 69 Stat. 713 715; Aug. 1, 1956, ch. 852, §11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, §§101 109, 70 Stat. 968, 969; Aug. 21, 1957, Pub. L. 85 161, 71 Stat. 403; Sept. 2, 1957, Pub. L. 85 267, §§1 8, 71 Stat. 593, 594; Aug. 28, 1958, Pub. L. 85 791, §32, 72 Stat. 951, formerly classified to this chapter, was completely amended and renumbered by Pub. L. 85 620, Aug. 12, 1958, 72 Stat. 548, and reclassified to chapter 19 (§631 et seq.) of this title, and was subsequently repealed by Pub. L. 103 382, title III, §331(a), Oct. 20, 1994, 108 Stat. 3965.

Sections 251 to 254, act Sept. 23, 1950, ch. 995, title I, §§101 to 104, 64 Stat. 967, 968, authorized appropriations, provided for State applications for funds, allotments and payments to States, and to withholding of certification.

Section 255, acts Sept. 23, 1950, ch. 995, title I, §105, 64 Stat. 969; Aug. 8, 1953, ch. 400, §2(m), 67 Stat. 529, related to delegation of functions and payment of expenses.

Section 271, act Sept. 23, 1950, ch. 995, title II, §201, 64 Stat. 969, contained declaration of policy for school construction in federally-affected areas.

Section 272, acts Sept. 23, 1950, ch. 995, title II, §202, 64 Stat. 969; Aug. 2, 1954, ch. 649, title VIII, §808(a), 68 Stat. 645, authorized payments to local education agencies.

Section 273, acts Sept. 23, 1950, ch. 995, title II, §203, 64 Stat. 971; Aug. 12, 1955, ch. 868, §4, 69 Stat. 713, related to payments where effect of Federal activities, would be temporary, and for donation of temporary school activities.

Section 274, act Sept. 23, 1950, ch. 995, title II, §204, 64 Stat. 972, related to children for whom local agencies cannot provide education.

Section 275, acts Sept. 23, 1950, ch. 995, title II, §205, 64 Stat. 972; Aug. 8, 1953, ch. 400, §2(a), 67 Stat. 528, related to applications for assistance, construction projects, and reimbursement.

Section 276, act Sept. 23, 1950, ch. 995, title II, §206, 64 Stat. 973, provided for certification and payment of funds.

Section 277, acts Sept. 23, 1950, ch. 995, title II, §207, 64 Stat. 974; Aug. 8, 1953, ch. 400, §2(b), 67 Stat. 528; Aug. 28, 1958, Pub. L. 85 791, §32, 72 Stat. 951, related to withholding of certification and judicial review.

Section 278, act Sept. 23, 1950, ch. 995, title II, §208, 64 Stat. 975, provided for administration of act Sept. 23, 1950.

Section 279, acts Sept. 23, 1950, ch. 995, title II, §209, 64 Stat. 975; Aug. 8, 1953, ch. 400, §2(c) (f), 67 Stat. 528; Aug. 31, 1954, ch. 1149, §7, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, §101, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85 267, §1, 71 Stat. 593, related to use of other Federal agencies; transfer and availability of appropriations, and additional grants for non-Federal share.

Section 280, acts Sept. 23, 1950, ch. 995, title II, §210, 64 Stat. 976; Aug. 8, 1953, ch. 400, §2(g) (l), 67 Stat. 528; Aug. 1, 1956, ch. 852, §11, 70 Stat. 909; Aug. 3, 1956, ch. 915, title I, §102, 70 Stat. 968; Aug. 21, 1957, Pub. L. 85 161, 71 Stat. 403, contained definitions of terms used in act Sept. 23, 1950.

Section 291, act Sept. 23, 1950, ch. 995, title III, §301, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 522; amended Aug. 31, 1954, ch. 1149, §1, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, §103, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85 267, §2, 71 Stat. 593, stated purpose of former sections 291 to 302 of this title and authorized appropriations.

Section 292, act Sept. 23, 1950, ch. 995, title III, §302, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 522, provided for annual apportionment of funds.

Section 293, act Sept. 23, 1950, ch. 995, title III, §303, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 522; amended Aug. 31, 1954, ch. 1149, §2, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, §104, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85 267, §3, 71 Stat. 593, related to dates for filing applications, and to priorities.

Section 294, act Sept. 23, 1950, ch. 995, title III, §304, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 522; amended Aug. 31, 1954, ch. 1149, §3, 68 Stat. 1005; Aug. 12, 1955, ch. 868, §5, 69 Stat. 714; Aug. 3, 1956, ch. 915, title I, §105, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85 267, §4, 71 Stat. 593, related to Federal share of cost of projects.

Section 295, act Sept. 23, 1950, ch. 995, title III, §305, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 523; amended Aug. 31, 1954, ch. 1149, §§4, 5, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, §106, 70 Stat. 968; Sept. 2, 1957, Pub. L. 85 267, §5, 71 Stat. 593, prescribed limitations on total payments to local agencies.

Section 296, act Sept. 23, 1950, ch. 995, title III, §306, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 524; amended Aug. 3, 1956, ch. 915, title I, §107, 70 Stat. 969, related to filing and approval of application for assistance.

Section 297, act Sept. 23, 1950, ch. 995, title III, §307, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 525, related to payments to local agencies.

Section 298, act Sept. 23, 1950, ch. 995, title III, §308, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 525; amended Aug. 12, 1955, ch. 868, §7, 69 Stat. 715, related to availability of appropriations, special fund for additional grants, and to payments in cases affected by change in regulations.

Section 299, act Sept. 23, 1950, ch. 995, title III, §309, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 525; amended Aug. 12, 1955, ch. 868, §4, 69 Stat. 713, prescribed procedure in cases of temporary Federal activities, and authorized donation of temporary school facilities.

Section 300, act Sept. 23, 1950, ch. 995, title III, §310, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 526; amended Aug. 31, 1954, ch. 1149, §6, 68 Stat. 1005; Aug. 3, 1956, ch. 915, title I, §108, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85 267, §6, 71 Stat. 593, provided for children for whom local agencies are unable to provide education.

Section 301, act Sept. 23, 1950, ch. 995, title III, §311, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 526, authorized withholding of payments for noncompliance.

Section 302, act Sept. 23, 1950, ch. 995, title III, §312, as added Sept. 2, 1957, Pub. L. 85 267, §7, 71 Stat. 593, defined base year and increase period.

Section 311, act Sept. 23, 1950, ch. 995, title IV, §401, as added Aug. 8, 1953, ch. 400, §1, 67 Stat. 526; amended Aug. 12, 1955, ch. 868, §6, 69 Stat. 715; Aug. 3, 1956, ch. 915, title I, §109, 70 Stat. 969; Sept. 2, 1957, Pub. L. 85 267, §8, 71 Stat. 594, authorized assistance in other federally-affected areas.

CHAPTER 15—STUDIES AND RESEARCH ON PROBLEMS IN EDUCATION

§§331 to 332b. Omitted

Codification

Sections constituted the Cooperative Research Act and terminated on and after July 1, 1975, under provisions of section 402(c)(1) of Pub. L. 93 380. See provisions of Special Projects Act, section 1851 et seq. of this title.

Section 331, acts July 26, 1954, ch. 576, §1, 68 Stat. 533; Apr. 11, 1965, Pub. L. 89 10, title IV, §401, 79 Stat. 44, related to Congressional declaration of purpose.

Section 331a, act July 26, 1954, ch. 576, §2, as added Apr. 11, 1965, Pub. L. 89 10, title IV, §401, 79 Stat. 44; amended Nov. 3, 1966, Pub. L. 89 750, title I, §141, 80 Stat. 1202; Jan. 2, 1968, Pub. L. 90 247, title VII, §706, 81 Stat. 820; Apr. 13, 1970, Pub. L. 91 230, title I, §143(c), title VIII, §§808, 809(c), 84 Stat. 151, 193, 194; June 23, 1972, Pub. L. 92 318, title III, §303(a)(1), 86 Stat. 333, authorized grants, contracts, and jointly financed arrangements for exemplary projects and management studies, provided for an annual report to Congress, and provided for establishment of an Advisory Council on Research and development, its membership, and appointment of a Chairman.

Section 332, act July 26, 1954, ch. 576, §3, formerly §2, 68 Stat. 533, renumbered and amended Apr. 11, 1965, Pub. L. 89 10, title IV, §§401, 402, 79 Stat. 44, 46; June 23, 1972, Pub. L. 92 318, title III, §303(a)(2), 86 Stat. 333, authorized appropriations for fiscal years ending June 30, 1973, 1974, and 1975 of $58,000,000; $68,000,000; and $78,000,000 respectively.

Section 332a, act July 26, 1954, ch. 576, §4, as added Apr. 11, 1965, Pub. L. 89 10, title IV, §403, 79 Stat. 46; amended Nov. 3, 1966, Pub. L. 89 750, title I, §142, 80 Stat. 1203; Apr. 13, 1970, Pub. L. 91 230, title IV, §401(g)(2), title VIII, §810, 84 Stat. 174, 194, related to construction of regional facilities, authorizing appropriation of $100,000,000 in the aggregate for fiscal years ending June 30, 1966, through 1970, in subsec. (a); subsec. (b) relating to findings of Commissioner, grants for construction, transfer of title, and operation of facility; subsec. (c), as originally enacted, relating to labor standards; subsec. (d) relating to methods of payment, and subsec. (e) defining “research and related purposes”.

Section 332b, act July 26, 1954, ch. 576, §5, as added Apr. 11, 1965, Pub. L. 89 10, title IV, §403, 79 Stat. 47; amended Nov. 3, 1966, Pub. L. 89 750, title I, §143, 80 Stat. 1203, provided for definitions of “State”, “State educational agency”, “nonprofit”, and “construction” and “cost of construction”.

§§333 to 337. Repealed. Pub. L. 91 230, title I, §143(b), Apr. 13, 1970, 84 Stat. 151

Section 333, act July 26, 1954, ch. 577, §1, 68 Stat. 533, provided for establishment of a National Advisory Committee on Education in the Department of Health, Education, and Welfare.

Section 334, act July 26, 1954, ch. 577, §2, 68 Stat. 533, provided for composition of the National Advisory Committee on Education, term of office, and ex officio membership of the Commissioner of Education.

Section 335, act July 26, 1954, ch. 577, §3, 68 Stat. 534, required minimum of three meetings each calendar year.

Section 336, act July 26, 1954, ch. 577, §4, 68 Stat. 534, authorized National Advisory Committee to make recommendations, appoint consultants, and submit an annual report to Congress.

Section 337, act July 26, 1954, ch. 577, §5, 68 Stat. 534, authorized travel expenses and per diem payments but denied compensation to members of the National Advisory Committee.

Sections 333 to 337 were generally superseded by provisions of section 868 of this title providing for a National Council on Quality in Education.

CHAPTER 16—PUBLIC LIBRARY SERVICES AND CONSTRUCTION

Sec.
351.
Declaration of policy.
351a.
Definitions.
351b.
Authorization and availability of appropriations; advance funding method.
(a)
Authorization and availability.
(b)
Availability.
(c)
Notice of available funding; transition to advance funding method.
351c.
Allotments to States and Indian tribes.
(a)
Minimum allotments; population basis for distribution of remaining funds.
(b)
Reallotment of funds.
(c)
Indian tribes.
(d)
Organizations serving and representing Hawaiian natives.
351d.
Plans and programs.
(a)
Prerequisites for allotment of basic State plan in effect, submission of annual program, and establishment of State Advisory Council on Libraries.
(b)
Provisions of plan.
(c)
Approval of basic State plan by Secretary.
(d)
Long-range State programs; development; provisions.
(e)
Termination or limitation of payments to States by Secretary; procedure; grounds.
(f)
Judicial review of Secretary's final actions; procedure.
(g)
Indian tribes; allotments and allocations.
(h)
Resource sharing coordination.
351e.
Payments.
(a)
Prerequisites for payment.
(b)
Federal share; promulgation by Secretary.
(c)
Indian tribes.
351f.
Administrative costs.
351g.
Education Research Library.

        

SUBCHAPTER I—PUBLIC LIBRARY SERVICES

352.
Grants to States for public library services.
353.
Uses of Federal funds.
(a)
Development of programs and projects to extend library services to physically handicapped, disadvantaged areas, etc.; expanding services of major urban resource libraries; limitation on grants.
(b)
Payment of costs of administering State plans, planning for and evaluation of library services, dissemination of information concerning library services, etc.; increase capacity of State library administrative agencies.
(c)
Reservation of allotments.
354.
Annual State program for library services; submission; contents; limitation on reduction of funds; ratable reduction.
355.
Omitted.

        

SUBCHAPTER II—PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT

355a.
Grants to States for public library construction and library and information technology enhancement.
355b.
Federal share.
(a)
Payment; uses of Federal funds.
(b)
Limit on Federal share.
(c)
Recovery of value of grant.
355c.
Annual State program for construction and technology enhancement of public libraries; submission; contents.
355d.
Omitted.

        

SUBCHAPTER III—INTERLIBRARY COOPERATION AND RESOURCE SHARING

355e.
Grants to States for interlibrary cooperation and resource sharing.
355e 1.
Federal share.
(a)
Payment; use of Federal funds.
(b)
Amount.
355e 2.
Annual State program for interlibrary cooperation; submission; contents.
355e 3.
Resource sharing.
(a)
Statewide plan.
(b)
Recommendations.
(c)
Long-range program; identification of objectives; elements of program.
(d)
Participating libraries; reimbursement of expenses.
(e)
Periods when schools are not in session.
355e 4.
Preservation programs.
(a)
Long-range program and annual program.
(b)
Plan compliance requirements.
(c)
Use of funds.
(d)
Contract authority of State library administrative agencies.
355f to 358. Omitted.

        

SUBCHAPTER IV—LIBRARY SERVICES FOR INDIAN TRIBES

361.
Findings and purpose; authorization of grants.
(a)
Findings.
(b)
Purpose.
(c)
Grants for services to Indians living on or near reservations.
(d)
Special project grants.
362.
Use of funds.
(a)
Permitted uses of funds.
(b)
Maintenance of funding level.
(c)
Restricted collections of tribal cultural materials.
363.
Applications for library services to Indians.
364.
Plans for library services to Indians.
365.
Coordination with other programs for Indians.
366.
Services in States with Indian tribes not residing on or near reservations.

        

SUBCHAPTER V—FOREIGN LANGUAGE MATERIALS ACQUISITION

371.
Grants for foreign language material acquisition.
(a)
Duty of Secretary.
(b)
Selection of recipients.
(c)
Funding limitation.

        

SUBCHAPTER VI—LIBRARY LITERACY PROGRAMS

375.
State and local library grants.
(a)
Duty of Secretary; grants for support of literacy programs.
(b)
Purposes of grants to State libraries.
(c)
Purposes of grants to local libraries.
(d)
Selection of recipients.
(e)
Funding limitation.
(f)
Priorities in awarding grants.

        

SUBCHAPTER VII—EVALUATION AND ASSESSMENT

381.
Program authority.

        

SUBCHAPTER VIII—LIBRARY LEARNING CENTER PROGRAMS

Part A—Family Learning Centers

385.
Statement of purpose.
385a.
Grants for family learning centers.
385b.
Use of funds.
(a)
Initiation, expansion, and improvement of services.
(b)
Acquisition of resources and materials in print and electronic formats.
(c)
Acquisition of computer hardware and software.
385c.
Application.
(a)
Submission by local public libraries.
(b)
Requisite content.
385d.
Selection of family learning centers.
(a)
Competitive process.
(b)
Equitable distribution.
(c)
Maximum grant.
385e.
Authorization of appropriations.

        

Part B—Library Literacy Centers

386.
Statement of purpose.
386a.
Grants to States for library literacy centers.
(a)
Competitive selection process.
(b)
Maximum total grant amounts; availability; matching funds.
386b.
State application.
(a)
Purpose of grants.
(b)
Submission by State library administrative agencies; requisite assurances.
(c)
Priority programs and services.
386c.
Use of funds.
(a)
Initiation, expansion, and improvement of literacy services and programs.
(b)
Computers and computer software.
386d.
Local application.
(a)
Submission by local public libraries.
(b)
Requisite content.
386e.
Advisory committee.
386f.
Selection of literacy learning centers.
386g.
Authorization of appropriations.

        

Chapter Referred to in Other Sections

This chapter is referred to in section 3489 of this title; title 40 App. section 214; title 48 section 1666.

§351. Declaration of policy

(a) It is the purpose of this chapter to assist the States in the extension and improvement of public library services to areas and populations of the States which are without such services or to which such services are inadequate and to assist Indian tribes in planning and developing library services to meet their needs. It is the further purpose of this chapter to assist with (1) public library construction and renovation; (2) improving State and local public library services for older Americans, and for handicapped, institutionalized, and other disadvantaged individuals; (3) strengthening State library administrative agencies; (4) promoting interlibrary cooperation and resource sharing among all types of libraries; (5) strengthening major urban resource libraries; and (6) increasing the capacity of libraries to keep up with rapidly changing information technology.

(b) Nothing in this chapter shall be construed to interfere with State and local initiative and responsibility in the conduct of library services. The administration of libraries, the selection of personnel and library books and materials, and, insofar as consistent with the purposes of this chapter, the determination of the best uses of the funds provided under this chapter shall be reserved to the States and their local subdivisions and Indian tribes.

(June 19, 1956, ch. 407, §2, 70 Stat. 293; Feb. 11, 1964, Pub. L. 88 269, §1(a)(1), 78 Stat. 11; July 19, 1966, Pub. L. 89 511, §2, 80 Stat. 313; Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1660; Oct. 7, 1977, Pub. L. 95 123, §4(a), 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98 480, title I, §102, 98 Stat. 2236.)

Amendments

1984—Subsec. (a). Pub. L. 98 480, §102(a), inserted reference to assisting Indian tribes in planning and developing library services to meet their needs, designated existing provisions as cls. (1) to (5), in cl. (1) as so designated inserted reference to library renovation, in cl. (2) as so designated substituted provisions relating to the improvement of State and local public library services for older Americans, and for handicapped, institutionalized, and other disadvantaged individuals for provisions relating to the improvement of such other State library services as library services for physically handicapped, institutionalized, and disadvantaged persons, in cl. (4) as so designated inserted reference to resource sharing, and added cl. (6).

Subsec. (b). Pub. L. 98 480, §102(b), inserted reference to Indian tribes.

1977—Subsec. (a). Pub. L. 95 123 inserted “and in strengthening major urban resource libraries” after “all types of libraries”.

1970—Subsec. (a). Pub. L. 91 600 added assistance to the States in the improvement of public library services, in public library construction, and in the improvement of State library services for the physically handicapped, institutionalized, and disadvantaged, and assistance to the States in strengthening State library administrative agencies, to the list of purposes of this chapter.

Subsec. (b). Pub. L. 91 600 substituted “Nothing in this chapter shall be construed” for “The provisions of this chapter shall not be so construed as”.

1966—Subsec. (a). Pub. L. 89 511 added promotion of interlibrary cooperation and assistance to States in providing certain specialized State library services, to the list of purposes of the chapter.

1964—Subsec. (a). Pub. L. 88 269 struck out “rural” before “areas”.

Effective Date of 1970 Amendment

Section 2(c)(1) of Pub. L. 91 600 provided that: “The amendment made by subsection (b) [enacting sections 351a to 351e of this title, amending this section and sections 352, 353, 354, 355a, 355b, 355c, 355e, 355e 1, and 355e 2 of this title, repealing sections 355, 355d, 355e 3, 355f to 355f 7, 356, 357, 357a, and 358 of this title and enacting provisions set out as notes under this section] shall be effective after June 30, 1971.”

Short Title of 1990 Amendment

Pub. L. 101 254, §1(a), Mar. 15, 1990, 104 Stat. 101, provided that: “This Act [enacting sections 351g, 355e 4, 381, 385 to 385e, and 386 to 386g of this title, amending sections 351a to 351e, 352 to 354, 355a to 355c, 355e, 355e 1, 355e 3, 371, and 375 of this title, and enacting provisions set out as a note under section 351a of this title] may be cited as the ‘Library Services and Construction Act Amendments of 1990’.”

Short Title of 1984 Amendment

Section 101(a) of title I of Pub. L. 98 480 provided that: “This title [enacting sections 355e 3, 361 to 365, 371 and 375 of this title, amending this section and sections 351a to 351f, 352, 353, 354, 355a, 355b, 355c, 355e, and 355e 2 of this title, and enacting provisions set out as notes under this section and section 355b of this title] may be cited as the ‘Library Services and Construction Act Amendments of 1984’.”

Short Title of 1977 Amendment

Section 1 of Pub. L. 95 123 provided: “That this Act [enacting section 351f of this title and amending this section and sections 351a, 351b, 352 to 354, and 355b of this title] may be cited as the ‘Library Services and Construction Act Amendments of 1977’.”

Short Title of 1970 Amendment

Section 1 of Pub. L. 91 600 provided: “That this Act [enacting sections 351a to 351e of this title, amending this section and sections 352, 353, 354, 355a, 355b, 355c 355e, 355e 1, 355e 2, 1204 and 1211 of this title, repealing sections 355, 355d, 355e 3, 355f to 355f 7, 356, 357, 357a, and 358 of this title, and enacting provisions set out as notes under this section and section 1204 of this title] may be cited as the ‘Library Services and Construction Amendments of 1970’.”

Short Title of 1966 Amendment

Section 1 of Pub. L. 89 511 provided: “That this Act [enacting sections 355e, 355e 2, 355e 3, 355f, 355f 2, 355f 3, 355f 4, 355f 6, and 355f 7 of this title, enacting and amending sections 355e 1, 355f 1, and 355f 5 of this title, amending this section and sections 352, 353, 355, 355a, 355b, 355d, 357, 357a, and 358 of this title, enacting provisions set out as notes under this section and sections 353 and 355 of this title, and redesignating sections 301 to 304 of act June 19, 1956, as sections 501 to 504, respectively] may be cited as the ‘Library Services and Construction Act Amendments of 1966’.”

Short Title

Section 1 of act June 19, 1956, as amended by section 10(a) of Pub. L. 88 269, provided that: “This Act [enacting this chapter] may be cited as the ‘Library Services and Construction Act’.”

Congressional Findings and Declaration of Purpose of 1984 Amendment

Section 101(b) of Pub. L. 98 480 provided that: “The Congress finds that—

“(1) the role of libraries has expanded to include (A) providing programs to meet the needs of special segments of the population, including librarian training and outreach programs, (B) providing literacy training for illiterate and functionally illiterate adults, and (C) sharing resources and materials among a wide variety of libraries;

“(2) it has become necessary to expand the role of libraries as information centers for their communities, utilizing improved and new technologies and resources to meet the increasing need for information services and educational resources of Americans in a rapidly changing economy;

“(3) funding for construction of new libraries and renovation of existing libraries is essential to ensure continuation of library services for the public;

“(4) attention should be paid to the needs of small and rural community libraries and information centers because these facilities are often underfunded and understaffed and as a consequence cannot adequately serve the needs of the community; and

“(5) the scope and purpose of the Library Services and Construction Act [this chapter] should therefore be revised to include a more comprehensive range of programs which may receive funds thereunder and to ensure the extension of services to minorities and other populations that would otherwise be unable to use regular library facilities.”

Statement of Purposes of 1970 Amendment

Section 2(a) of Pub. L. 91 600 provided that: “It is the purpose of this Act [see Short Title of 1970 Amendment note above] to improve the administration, implementation, and purposes of the programs authorized by the Library Services and Construction Act [this chapter] by lessening the administrative burden upon the States through a reduction in the number of State plans which must be submitted and approved annually under such Act and to afford the States greater discretion in the allocation of funds under such Act to meet specific State needs and, by providing for special programs to meet the needs of disadvantaged persons, in both urban and rural areas, for library services and for strengthening the capacity of State library administrative agencies for meeting the needs of all the people of the States.”

Use of Funds Appropriated for the Fiscal Year Ending June 30, 1971

Section 2(c)(2) of Pub. L. 91 600 provided that: “In the case of funds appropriated to carry out programs under the Library Services and Construction Act [this chapter] for the fiscal year ending June 30, 1971, each State is authorized, in accordance with regulations of the Commissioner of Education, to use a portion of its allotment for the development of such plans as may be required by such Act, as amended by subsection (b) [see Effective Date of 1970 Amendment note set out above].”

§351a. Definitions

The following definitions shall apply to this chapter:

(1) “Secretary” means the Secretary of Education.

(2) “Construction” includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and for the purchase, lease, and installation of equipment of any such buildings, or any combination of such activities (including architects’ fees and the cost of acquisition of land). Such term includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the “Architectural Barriers Act of 1968” [42 U.S.C. 4151 et seq.], remodeling designed to ensure safe working environments and to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries. For the purposes of this paragraph, the term “equipment” includes information and building technologies, video and telecommunications equipment, machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them; and such term includes all other items necessary for the functioning of a particular facility as a facility for the provision of library services.

(3) “Library service” means the performance of all activities of a library relating to the collection and organization of library materials and to making the materials and information of a library available to a clientele.

(4) “Library services for the physically handicapped” means the providing of library services, through public or other nonprofit libraries, agencies, or organizations, to physically handicapped persons (including the blind and other visually handicapped) certified by competent authority as unable to read or to use conventional printed materials as a result of physical limitations.

(5) “Public library” means a library that serves free of charge all residents of a community, district, or region, and receives its financial support in whole or in part from public funds. Such term also includes a research library, which, for the purposes of this sentence, means a library which—

(A) makes its services available to the public free of charge;

(B) has extensive collections of books, manuscripts, and other materials suitable for scholarly research which are not available to the public through public libraries;

(C) engages in the dissemination of humanistic knowledge through services to readers, fellowships, educational and cultural programs, publication of significant research, and other activities; and

(D) is not an integral part of an institution of higher education.


(6) “Public library services” means library services furnished by a public library free of charge.

(7) “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau1 (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48).

(8) “State Advisory Council on Libraries” means an advisory council for the purposes of clause (3) of section 351d(a) of this title which shall—

(A) be broadly representative of the public, school, academic, special, and institutional libraries, and libraries serving the handicapped, in the State and of persons using such libraries, including disadvantaged persons within the State;

(B) advise the State library administrative agency on the development of, and policy matters arising in the administration of, the State plan; and

(C) assist the State library administrative agency in the evaluation of activities assisted under this chapter;


(9) “State institutional library services” means the providing of books and other library materials, and of library services, to (A) inmates, patients, or residents of penal institutions, reformatories, residential training schools, orphanages, or general or special institutions or hospitals operated or substantially supported by the State, or (B) students in residential schools for the physically handicapped (including mentally retarded, hearing impaired, speech impaired, visually handicapped, seriously emotionally disturbed, orthopedically impaired, or other health impaired persons who by reason thereof require special education) operated or substantially supported by the State.

(10) “State library administrative agency” means the official agency of a State charged by law of that State with the extension and development of public library services throughout the State, which has adequate authority under law of the State to administer State plans in accordance with the provisions of this chapter.

(11) “Basic State plan” means the document which gives assurances that the officially designated State library administrative agency has the fiscal and legal authority and capability to administer all aspects of this chapter; provides assurances for establishing the State's policies, priorities, criteria, and procedures necessary to the implementation of all programs under provisions of this chapter; and submits copies for approval as required by regulations promulgated by the Secretary.

(12) “Long-range program” means the comprehensive program of not less than three nor more than five years which identifies a State's library needs and sets forth the activities to be taken toward meeting the identified needs supported with the assistance of Federal funds made available under this chapter. Such long-range programs shall be developed by the State library administrative agency and shall specify the State's policies, criteria, priorities, and procedures consistent with this chapter as required by the regulations promulgated by the Secretary and shall be updated as library progress requires.

(13) “Annual program” means the projects which are developed and submitted to describe the specific activities to be carried out annually toward achieving fulfillment of the long-range program. These annual programs shall be submitted in such detail as required by regulations promulgated by the Secretary.

(14) “Major urban resource library” means any public library located in a city having a population of 100,000 or more individuals, as determined by the Secretary.

(15) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village corporation as defined in or established pursuant to the Alaskan Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized by the Secretary of the Interior as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(16) “Hawaiian native” means any individual any of whose ancestors were natives prior to 1778 in the area which now comprises the State of Hawaii.

(17) The term “handicapped individual” means an individual who is physically or mentally impaired, visually impaired, or hearing impaired.

(18) The term “network” means any local, statewide, regional, interstate, or international cooperative association of library entities which provide for the systematic and effective coordination of the resources of school, public, academic, and special libraries and information centers for improved supplementary services for the clientele served by each type of library entity.

(19) The term “technology enhancement” means the acquisition, installation, maintenance, or replacement, of substantial technological equipment (including library bibliographic automation equipment) necessary to provide access to information in electronic and other formats made possible by new information and communications technologies.

(20) The term “educationally disadvantaged adult” has the meaning given that term in section 1201a(3)(A) of this title.

(21) The term “adult with limited literacy skills” means an adult whose minimal skills in reading, writing, or computation or in performing basic arithmetical computations preclude the individual from functioning in society without assistance from others.

(June 19, 1956, ch. 407, §3, as added Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1660; amended Oct. 19, 1973, Pub. L. 93 133, §4(a), 87 Stat. 466; Oct. 7, 1977, Pub. L. 95 123, §4(b), 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98 480, title I, §103(a), (b)(1), 98 Stat. 2237; Nov. 22, 1985, Pub. L. 99 159, title III, §301, 99 Stat. 902; Mar. 15, 1990, Pub. L. 101 254, §§2, 16(a), 23(b), 104 Stat. 101, 105, 113; July 25, 1991, Pub. L. 102 73, title VIII, §802(e)(1), 105 Stat. 361.)

References in Text

Act of August 12, 1968, commonly known as the “Architectural Barriers Act of 1968”, referred to in par. (2), is Pub. L. 90 480, Aug. 12, 1968, 82 Stat. 718, as amended, which is classified generally to chapter 51 (§4151 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4151 of Title 42 and Tables.

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in par. (7), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

The Alaskan Native Claims Settlement Act, referred to in par. (15), probably means the Alaska Native Claims Settlement Act, Pub. L. 92 203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Amendments

1991—Par. (7). Pub. L. 102 73, which directed the substitution of “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “or the Trust Territory of the Pacific Islands” in subsection (g) of this section, was executed to par. (7) to reflect the probable intent of Congress.

1990—Par. (2). Pub. L. 101 254, §2(1), substituted “and for the purchase, lease, and installation of equipment” for “and initial equipment”, “to ensure safe working environments and to conserve energy” for “to conserve energy”, and “includes information and building technologies, video and telecommunications equipment, machinery” for “includes machinery”.

Pars. (17), (18). Pub. L. 101 254, §2(2), added pars. (17) and (18).

Par. (19). Pub. L. 101 254, §16(a), added par. (19).

Pars. (20), (21). Pub. L. 101 254, §23(b), added pars. (20) and (21).

1985—Par. (12). Pub. L. 99 159, §301(a), substituted “program of not less than three nor more than five years” for “five-year program”.

Par. (15). Pub. L. 99 159, §301(b), inserted “by the Secretary of the Interior” after “recognized”, and struck out “, as determined by the Secretary after consultation with the Secretary of the Interior” after “as Indians”.

1984—Par. (1). Pub. L. 98 480, §103(a)(1), substituted “‘Secretary’ means the Secretary of Education” for “‘Commissioner’ means the Commissioner of Education”.

Par. (2). Pub. L. 98 480, §103(a)(2), inserted provision that “construction” includes remodeling to meet standards under the Act of August 12, 1968, commonly known as the Architectural Barriers Act of 1968, remodeling designed to conserve energy, renovation or remodeling to accommodate new technologies, and the purchase of existing historic buildings for conversion to public libraries.

Par. (7). Pub. L. 98 480, §103(a)(3), inserted reference to the Northern Mariana Islands.

Par. (9)(B). Pub. L. 98 480, §103(a)(4), substituted “hearing impaired” for “hard of hearing, deaf” and “orthopedically impaired” for “crippled”.

Pars. (11) to (14). Pub. L. 98 480, §103(b)(1), substituted “Secretary” for “Commissioner”.

Pars. (15), (16). Pub. L. 98 480, §103(a)(5), added pars. (15) and (16).

1977—Par. (14). Pub. L. 95 123 added par. (14).

1973—Par. (5). Pub. L. 93 133 expanded definition of “Public library” to include research libraries.

Effective Date of 1990 Amendment

Section 25 of Pub. L. 101 254 provided that: “The amendments made by this Act [enacting sections 351g, 355e 4, 381, 385 to 385e, and 386 to 386g of this title and amending this section and sections 351b to 351e, 352 to 354, 355a to 355c, 355e, 355e 1, 355e 3, 371, and 375 of this title] shall take effect on October 1, 1990.”

Effective Date of 1973 Amendment

Section 4(b) of Pub. L. 93 133 provided that: “The amendment made by subsection (a) [amending this section] shall be effective on June 30, 1973, and only with respect to appropriations for fiscal years beginning after such date.”

Effective Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91 600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

Section Referred to in Other Sections

This section is referred to in sections 351d, 351e, 355b, 6813 of this title.

1So in original. Probably should be preceded by “or”.

§351b. Authorization and availability of appropriations; advance funding method

(a) Authorization and availability

There are authorized to be appropriated—

(1) for the purpose of making grants as provided in subchapter I of this chapter, $100,000,000 for fiscal year 1995;

(2) for the purpose of making grants as provided in subchapter II of this chapter, $55,000,000 for fiscal year 1995;

(3) for the purpose of making grants as provided in subchapter III of this chapter, $35,000,000 for fiscal year 1995;

(4) for the purpose of making grants as provided in subchapter V of this chapter, $1,000,000 for fiscal year 1995;

(5) for the purpose of making grants as provided in subchapter VI of this chapter, $10,000,000 for fiscal year 1995;

(6) for the purpose of activities as provided in subchapter VII of this chapter, $500,000 for fiscal year 1995; and

(7) for the purpose of making grants as provided in subchapter VIII of this chapter, $6,000,000 for fiscal year 1995, except that no amounts are authorized to be appropriated under this paragraph for any fiscal year unless the total amount appropriated pursuant to paragraphs (1), (2), and (3) for such fiscal year equals or exceeds sum1 of the total amount appropriated pursuant to such paragraphs for the preceding fiscal year, plus 4 percent of such total amount.


There shall be available for the purpose of making grants under subchapter IV of this chapter for fiscal year 1995, 1.5 percent of the amount appropriated pursuant to each of paragraphs (1), (2), and (3) for each such fiscal year. There shall be available for the purpose of making grants under section 351c(d) of this title for such fiscal years 0.5 percent of the amount appropriated pursuant to each of such paragraphs for each such fiscal year.

(b) Availability

Notwithstanding any other provision of law, unless enacted in express limitation of the provisions of this subsection, any sums appropriated pursuant to subsection (a) of this section shall (1), in the case of sums appropriated pursuant to paragraphs (1) and (3) thereof, be available for obligation and expenditure for the period of time specified in the Act making such appropriation, and (2), in the case of sums appropriated pursuant to paragraph (2) thereof, subject to regulations of the Secretary promulgated in carrying out the provisions of section 351c(b) of this title, be available for obligation and expenditure for the year specified in the Appropriation Act and is authorized to remain available until expended.

(c) Notice of available funding; transition to advance funding method

(1) For the purpose of affording adequate notice of funding available under this chapter, appropriations under this chapter are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year for which they are first available for obligation.

(2) In order to effect a transition to the advance funding method of timing appropriation action, the provisions of this subsection shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.

(June 19, 1956, ch. 407, §4, as added Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1662; amended May 3, 1973, Pub. L. 93 29, title VIII, §801(b), 87 Stat. 58; Oct. 7, 1977, Pub. L. 95 123, §2, 91 Stat. 1095; Oct. 17, 1984, Pub. L. 98 480, title I, §§103(b)(1), 4, 98 Stat. 2237; Oct. 31, 1988, Pub. L. 100 569, title I, §101, 102 Stat. 2862; Mar. 15, 1990, Pub. L. 101 254, §3, 104 Stat. 101; Oct. 20, 1994, Pub. L. 103 382, title III, §375(a), 108 Stat. 3978.)

Amendments

1994—Subsec. (a). Pub. L. 103 382 substituted “for fiscal year 1995” for “for fiscal year 1990 and such sums as may be necessary for each of the 4 succeeding fiscal years” in pars. (1) to (7) and “fiscal year 1995” for “each of the fiscal years 1990, 1991, 1992, 1993, and 1994” in concluding provisions.

1990—Subsec. (a). Pub. L. 101 254, §3(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “There are authorized to be appropriated—

“(1) for the purpose of making grants as provided in subchapter I, $75,000,000 for fiscal year 1985, $80,000,000 for fiscal year 1986, $85,000,000 for fiscal year 1987, $90,000,000 for fiscal year 1988, and $95,000,000 for fiscal year 1989;

“(2) for the purpose of making grants as provided in subchapter II, $50,000,000 for each of the fiscal years 1985, 1986, 1987, 1988, and 1989;

“(3) for the purpose of making grants as provided in subchapter III, $20,000,000 for fiscal year 1985, $25,000,000 for fiscal year 1986, $30,000,000 for fiscal year 1987, $35,000,000 for fiscal year 1988, and $30,000,000 for fiscal year 1989;

“(4) for the purpose of making grants as provided in subchapter V, $1,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989; and

“(5) for the purpose of making grants as provided in subchapter VI, $5,000,000 for each of the fiscal years 1985, 1986, 1987, and 1989.

There shall be available for the purpose of making grants under subchapter IV for each of the fiscal years 1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount appropriated pursuant to each of clauses (1), (2), and (3) for each such fiscal year. There shall be available for the purpose of making grants under section 351c(d) of this title for such fiscal years 0.5 per centum of the amount appropriated pursuant to each of such clauses for each such fiscal year.”

Subsec. (b). Pub. L. 101 254, §3(b), which directed substitution of “and is authorized to remain available until expended” for “and for the next succeeding fiscal year”, was executed by making the substitution for “and for the next succeeding year” to reflect the probable intent of Congress.

1988—Subsec. (a)(4), (5). Pub. L. 100 569 substituted “1989” for “1988”.

1984—Subsec. (a). Pub. L. 98 480, §4(a), inserted provision following numbered paragraphs making available for the purpose of making grants under subchapter IV of this chapter for each of the fiscal years 1985, 1986, 1987, 1988, and 1989, 1.5 per centum of the amount appropriated pursuant to each of pars. (1), (2), and (3) for each such fiscal year, and making available for the purpose of making grants under section 351c(d) of this title for such fiscal years 0.5 per centum of the amount appropriated pursuant to each of such pars. for each such fiscal year.

Subsec. (a)(1). Pub. L. 98 480, §4(a), substituted provisions authorizing appropriations of $75,000,000 for fiscal year 1985, $80,000,000 for fiscal year 1986, $85,000,000 for fiscal year 1987, $90,000,000 for fiscal year 1988, and $95,000,000 for fiscal year 1989 for provisions authorizing appropriations of $112,000,000 for fiscal year ending June 30, 1972, $117,600,000 for fiscal year ending June 30, 1973, $123,500,000 for fiscal year ending June 30, 1974, $129,675,000 for fiscal year ending June 30, 1975, $137,150,000 for fiscal year ending June 30, 1976, $110,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $150,000,000 for fiscal year 1980 and each of the two succeeding fiscal years.

Subsec. (a)(2). Pub. L. 98 480, §4(a), substituted provisions authorizing appropriations of $50,000,000 for each of fiscal years 1985, 1986 1987, 1988, and 1989 for provisions authorizing appropriations of $80,000,000 for fiscal year ending June 30, 1972, $84,000,000 for fiscal year ending June 30, 1973, $88,000,000 for fiscal year ending June 30, 1974, $92,500,000 for fiscal year ending June 30, 1975, $97,000,000 for fiscal year ending June 30, 1976, and such sums as necessary for fiscal year 1978 through fiscal year 1981, and $97,000,000 for fiscal year 1982.

Subsec. (a)(3). Pub. L. 98 480, §4(a), substituted provisions authorizing appropriations of $20,000,000 for fiscal year 1985, $25,000,000 for fiscal year 1986, $30,000,000 for fiscal year 1987, $35,000,000 for fiscal year 1988, and $30,000,000 for fiscal year 1989 for provisions which had authorized appropriations of $15,000,000 for fiscal year ending June 30, 1972, $15,750,000 for fiscal year ending June 30, 1973, $16,500,000 for fiscal year ending June 30, 1974, $17,300,000 for fiscal year ending June 30, 1975, $18,200,000 for fiscal year ending June 30, 1976, $15,000,000 for fiscal year 1978, and $20,000,000 for fiscal year 1979 and each of the three succeeding fiscal years.

Subsec. (a)(4). Pub. L. 98 480, §4(a), substituted provisions authorizing appropriations of $1,000,000 for each of fiscal years 1985, 1986, 1987, and 1988 for purpose of making grants as provided in subchapter V of this chapter for provisions which had authorized appropriation of such sums as necessary for each fiscal year ending prior to Oct. 1, 1982, for purpose of making grants to States to enable them to carry out public library service programs for older persons authorized by former provisions of subchapter IV of this chapter.

Subsec. (a)(5). Pub. L. 98 480, §4(a), added par. (5).

Subsec. (b). Pub. L. 98 480, §103(b)(1), substituted “Secretary” for “Commissioner”.

Subsec. (c). Pub. L. 98 480, §4(b), added subsec. (c).

1977—Subsec. (a)(1). Pub. L. 95 123, §2(a), inserted provisions authorizing appropriations of $110,000,000 for fiscal year 1978, $140,000,000 for fiscal year 1979, and $150,000,000 for fiscal year 1980 and each of two succeeding fiscal years.

Subsec. (a)(2). Pub. L. 95 123, §2(b), inserted provisions authorizing appropriations of such sums as may be necessary for fiscal year 1978 through fiscal year 1981, and $97,000,000 for fiscal year 1982.

Subsec. (a)(3). Pub. L. 95 123, §2(c), inserted provisions authorizing appropriations of $15,000,000 for fiscal year 1978, and $20,000,000 for fiscal year 1979 and each of three succeeding fiscal years.

Subsec. (a)(4). Pub. L. 95 123, §2(d), substituted “for each fiscal year ending prior to October 1, 1982” for “for the fiscal year ending June 30, 1973, the fiscal year ending June 30, 1974, the fiscal year ending June 30, 1975, and the fiscal year ending June 30, 1976”.

1973—Subsec. (a)(4). Pub. L. 93 29 added par. (4).

Effective Date of 1990 Amendment

Amendment by Pub. L. 101 254 effective Oct. 1, 1990, see section 25 of Pub. L. 101 254, set out as a note under section 351a of this title.

Effective Date of 1973 Amendment

Section 801(e) of Pub. L. 93 29 provided that: “The amendments made by subsections (a), (b), and (c) [enacting subchapter IV of this chapter and amending this section and sections 351c and 351d of this title] of this section shall be effective after June 30, 1973.”

Effective Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91 600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

Section Referred to in Other Sections

This section is referred to in sections 351c, 351e, 352, 353, 354, 355b, 355c, 355e 1, 355e 2, 371, 375, 385a of this title.

1So in original. Probably should be “the sum”.

§351c. Allotments to States and Indian tribes

(a) Minimum allotments; population basis for distribution of remaining funds

(1) From the sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year, the Secretary shall allot the minimum allotment, as determined under paragraph (3) of this subsection, to each State. Any sums remaining after minimum allotments have been made shall be allotted in the manner set forth in paragraph (2) of this subsection.

(2) From the remainder of any sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year, the Secretary shall allot to each State such part of such remainder as the population of the State bears to the population of all the States.

(3) For the purposes of this subsection, the “minimum allotment” shall be—

(A) with respect to appropriations for the purposes of subchapter I of this chapter, $200,000 for each State, except that it shall be $40,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau1 (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48);

(B) with respect to appropriations for the purposes of subchapter II of this chapter, $100,000 for each State, except that it shall be $20,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau1 (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48); and

(C) with respect to appropriations for the purposes of subchapter III of this chapter, $40,000 for each State, except that it shall be $10,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, Palau1 (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48).


If the sums appropriated pursuant to clause (1), (2), or (3) of section 351b(a) of this title for any fiscal year are insufficient to fully satisfy the aggregate of the minimum allotments for that purpose, each of such minimum allotments shall be reduced ratably.

(4) The population of each State and of all the States shall be determined by the Secretary on the basis of the most recent satisfactory data available to him.

(b) Reallotment of funds

The amount of any State's allotment under subsection (a) of this section for any fiscal year from any appropriation made pursuant to clause (1), (2), or (3)2 of section 351b(a) of this title which the Secretary deems will not be required for the period and the purpose for which such allotment is available for carrying out the State's annual program shall be available for reallotment from time to time on such dates during such year as the Secretary shall fix. Such amount shall be available for reallotment to other States in proportion to the original allotments for such year to such States under subsection (a) of this section but with such proportionate amount for any of such other State being reduced to the extent that it exceeds the amount which the Secretary estimates the State needs and will be able to use for such period of time for which the original allotments were made and the total of such reductions shall be similarly reallotted among the States not suffering such a reduction. Any amount reallotted to a State under this subsection for any fiscal year shall be deemed to be a part of its allotment for such year pursuant to subsection (a) of this section.

(c) Indian tribes

(1) From one-half of the sums available pursuant to the second sentence of section 351b(a) of this title for any fiscal year, the Secretary shall allot an equal amount to each Indian tribe that submits an approved application under section 363 of this title.

(2) From the remaining one-half of the sums available pursuant to such second sentence, the Secretary shall make allocations to Indian tribes that (A) are receiving an allocation under paragraph (1) of this subsection for such fiscal year; and (B) have submitted approved applications under section 364 of this title.

(3) In making allocations under paragraph (2)—

(A) no funds shall be allocated to an Indian tribe unless such funds will be administered by a librarian; and

(B) the Secretary shall take into account the needs of Indian tribes for such allocations to carry out the activities described in section 362(b) of this title.


(4) In making allocations under this subsection, the Secretary shall take such actions as may be necessary to prevent an allocation from being received to serve the same population by any 2 or more of the following entities (as defined in or established pursuant to the Alaskan Native Claims Settlement Act [43 U.S.C. 1601 et seq.]): an Alaskan native village, a regional corporation, or a village corporation.

(d) Organizations serving and representing Hawaiian natives

(1) From the sums available pursuant to the last sentence of section 351b(a) of this title for any fiscal year, the Secretary shall make grants to organizations primarily serving and representing Hawaiian natives that are recognized by the Governor of the State of Hawaii.

(2) Grants under this subsection shall be made on the basis of applications and plans submitted by such organizations that are consistent with the requirements imposed pursuant to sections 362(b), 363, and 364 of this title. Funds made available by grants under this subsection may be used for the purposes specified in clauses (1) through (8) of section 362(a) of this title, to contract to provide public library services to Native Hawaiians, and to carry out any other activities authorized under this sentence by contract. Section 362(c) of this title shall apply with respect to the cultural materials of Hawaiian natives. The Secretary shall issue criteria for the approval of applications and plans but the criteria may not include an allotment formula and may not contain a matching of funds requirement.

(June 19, 1956, ch. 407, §5, as added Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1662; amended May 3, 1973, Pub. L. 93 29, title VIII, §801(c), 87 Stat. 58; Oct. 17, 1984, Pub. L. 98 480, title I, §§103(b)(1), 105, 98 Stat. 2237, 2238; Nov. 22, 1985, Pub. L. 99 159, title III, §302(a), 99 Stat. 902; Mar. 15, 1990, Pub. L. 101 254, §§4(a), 22(b), 104 Stat. 102, 107; July 25, 1991, Pub. L. 102 73, title VIII, §802(e)(2), 105 Stat. 361.)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsec. (a)(3), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

The Alaskan Native Claims Settlement Act, referred to in subsec. (c)(4), probably means the Alaska Native Claims Settlement Act, Pub. L. 92 203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

Codification

Another section 801(c) of Pub. L. 93 29 amended section 351d(a) of this title. See 1973 Amendment note set out under section 351d of this title.

Amendments

1991—Subsec. (a)(3)(A) to (C). Pub. L. 102 73 substituted “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “and the Trust Territory of the Pacific Islands”.

1990—Subsec. (a)(5). Pub. L. 101 254, §22(b), struck out par. (5) which authorized appropriation of funds directly or by grants or contracts for evaluation of programs authorized by this chapter.

Subsec. (c). Pub. L. 101 254, §4(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:

“(1) From the sums available pursuant to the second sentence of section 351b(a) of this title for any fiscal year, the Secretary shall allot an equal amount to each Indian tribe. Grants from such allotted amounts shall be made to Indian tribes which have submitted approved applications under section 363 of this title.

“(2) Any allotted funds for which an Indian tribe does not apply, or applies but does not qualify, shall be reallocated by the Secretary among Indian tribes which have submitted approved plans under section 364 of this title. In making such allocations (A) no funds shall be allocated to an Indian tribe unless such funds will be administered by a librarian, and (B) the Secretary shall take into account the needs of Indian tribes for such allocations to carry out the activities described in section 362(b) of this title.”

1985—Subsec. (d)(2). Pub. L. 99 159 inserted reference to section 362(b) of this title, inserted provisions respecting the use of funds for public library services and for other contracted activities, and inserted provisions requiring issuance of criteria for approval of applications and plans.

1984—Subsec. (a)(1). Pub. L. 98 480, §§103(b)(1), 105(2), substituted “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” and “Secretary” for “Commissioner”.

Subsec. (a)(2). Pub. L. 98 480, §§103(b)(1), 105(2), substituted “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” and “Secretary” for “Commissioner”.

Subsec. (a)(3). Pub. L. 98 480, §105(2), substituted “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” in last sentence.

Subsec. (a)(3)(A) to (C). Pub. L. 98 480, §105(3), inserted “the Northern Mariana Islands,” after “the Virgin Islands,”.

Subsec. (a)(3)(D). Pub. L. 98 480, §105(4), struck out subpar. (D) which provided for a minimum allotment of $40,000 for each State, except that such allotment would be $10,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands, with respect to appropriations for the purposes of subchapter IV of this chapter.

Subsec. (a)(4). Pub. L. 98 480, §103(b)(1), substituted “Secretary” for “Commissioner”.

Subsec. (b). Pub. L. 98 480, §105(5), which directed that subsec. (b) be amended by substituting “clause (1), (2), or (3)” for “paragraph (1), (2), or (3)” was executed by substituting “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” as the probable intent of Congress.

Pub. L. 98 480, §103(b)(1), substituted “Secretary” for “Commissioner” in three places.

Subsecs. (c), (d). Pub. L. 98 480, §105(6), added subsecs. (c) and (d).

1973—Subsec. (a). Pub. L. 93 29, §801(c)(1) (4), inserted reference to par. (4) of section 351b(a) of this title in pars. (1), (2), and (3)(last sentence), and added subpar. (D) to par. (3).

Subsec. (b). Pub. L. 93 29, §801(c)(5), inserted reference to par. (4) of section 351b(a) of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101 254 effective Oct. 1, 1990, see section 25 of Pub. L. 101 254, set out as a note under section 351a of this title.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93 29 effective after June 30, 1973, see section 801(e) of Pub. L. 93 29, set out as an Effective Date note under section 351b of this title.

Effective Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91 600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

Section Referred to in Other Sections

This section is referred to in sections 351b, 351d, 351e, 353, 355b, 355e 1, 361, 363, 364 of this title.

1So in original. Probably should be preceded by “and”.

2See 1984 Amendment note below.

§351d. Plans and programs

(a) Prerequisites for allotment of basic State plan in effect, submission of annual program, and establishment of State Advisory Council on Libraries

Any State desiring to receive its allotment for any purpose under this chapter for any fiscal year shall (1) have in effect for such fiscal year a basic State plan as defined in section 351a(11) of this title and meeting the requirements set forth in subsection (b) of this section, (2) submit an annual program as defined in section 351a(13) of this title for the purposes for which allotments are desired, meeting the appropriate requirements set forth in subchapters I, II, and III of this chapter, and shall submit (no later than July 1, 1972) a long-range program as defined in section 351a(12) of this title for carrying out the purposes of this chapter as specified in subsection (d) of this section, and (3) establish a State Advisory Council on Libraries which meets the requirements of section 351a(8) of this title.

(b) Provisions of plan

A basic State plan under this chapter shall—

(1) provide for the administration, or supervision of the administration, of the programs authorized by this chapter by the State library administrative agency;

(2) provide that any funds paid to the State in accordance with a long-range program and an annual program shall be expended solely for the purposes for which funds have been authorized and appropriated and that such fiscal control and fund accounting procedures have been adopted as may be necessary to assure proper disbursement of, and account for, Federal funds paid to the State (including any such funds paid by the State to any other agency) under this chapter;

(3) provide satisfactory assurance that the State agency administering the plan (A) will make such reports, in such form and containing such information, as the Secretary may reasonably require to carry out his functions under this chapter and to determine the extent to which funds provided under this chapter have been effective in carrying out its purposes, including reports of evaluations made under the State plans, and (B) will keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports;

(4) provide assurances that libraries within the State that receive funds under this chapter shall not discriminate on the basis of race, religion, age, gender, national origin, or handicapping condition in providing space for public meetings; and

(5) provide that priority will be given to programs and projects—

(A) that improve access to public library resources and services for the least served populations in the State, including programs for individuals with limited English-speaking proficiency (as defined in section 703(a) of the Bilingual Education Act)1 or handicapping conditions, and programs and projects in urban and rural areas;

(B) that serve the elderly;

(C) that are designed to combat illiteracy; and

(D) that increase services and access to services through effective use of technology.

(c) Approval of basic State plan by Secretary

(1) The Secretary shall not approve any basic State plan pursuant to this chapter for any fiscal year unless—

(A) the plan fulfills the conditions specified in section 351a(11) of this title and subsection (b) of this section and the appropriate subchapters of this chapter;

(B) he has made specific findings as to the compliance of such plan with requirements of this chapter and he is satisfied that adequate procedures are subscribed to therein insure that any assurances and provisions of such plan will be carried out.


(2) The State plan shall be made public as finally approved.

(3) The Secretary shall not finally disapprove any basic State plan submitted pursuant to subsection (a)(1) of this section, or any modification thereof, without first affording the State reasonable notice and opportunity for hearing.

(d) Long-range State programs; development; provisions

The long-range program of any State for carrying out the purposes of this chapter shall be developed in consultation with the Secretary and shall—

(1) set forth a program under which the funds received by the State under the programs authorized by this chapter will be used to carry out a long-range program of library services, construction, and interlibrary cooperation and resource sharing covering a period of not less than three nor more than five years;

(2) be annually reviewed and revised in accordance with changing needs for assistance under this chapter and the results of the evaluation and surveys of the State library administrative agency;

(3) set forth policies and procedures (A) for the periodic evaluation of the effectiveness of programs and projects supported under this chapter, and (B) for appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects; and

(4) set forth effective policies and procedures for the coordination of programs and projects supported under this chapter with library programs and projects operated by institutions of higher education or local elementary or secondary schools and with other public or private library services programs.


Such program shall be developed with advice of the State advisory council and in consultation with the Secretary and shall be made public as it is finally adopted.

(e) Termination or limitation of payments to States by Secretary; procedure; grounds

Whenever the Secretary, after reasonable notice and opportunity for hearing to the State agency administering a program submitted under this chapter, finds—

(1) that the program has been so changed that it no longer complies with the provisions of this chapter, or

(2) that in the administration of the program there is a failure to comply substantially with any such provisions or with any assurance or other provision contained in the basic State plan,


then, until he is satisfied that there is no longer any such failure to comply, after appropriate notice to such State agency, he shall make no further payments to the State under this chapter or shall limit payments to programs or projects under, or parts of, the programs not affected by the failure, or shall require that payments by such State agency under this chapter shall be limited to local or other public library agencies not affected by the failure.

(f) Judicial review of Secretary's final actions; procedure

(1) If any State is dissatisfied with the Secretary's final action with respect to the approval of a plan submitted under this chapter or with his final action under subsection (e) of this section such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28.

(2) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon take new or modified findings of fact and may modify his previous action, and shall certify to the court the record of further proceedings.

(3) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(g) Indian tribes; allotments and allocations

(1) Any Indian tribe desiring to receive its allotment under section 351c(c)(1) of this title shall submit an application to the Secretary in accordance with section 363 of this title.

(2) Any Indian tribe desiring to receive an additional allocation under section 351c(c)(2) of this title in the same fiscal year in which it has received an allocation under section 351c(c)(1) of this title shall submit a plan in accordance with section 364 of this title.

(h) Resource sharing coordination

The Secretary shall coordinate programs under subchapters V and VI of this chapter with the programs assisted by subchapters I, II, and III of this chapter, and shall provide to the head of the State library administrative agency the opportunity to comment on any application for a grant under subchapter V or VI of this chapter prior to the awarding of the grant, in order to assure that such grants from the Secretary are for purposes consistent with the long-range program required under subsection (d) of this section.

(June 19, 1956, ch. 407, §6, as added Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1663; amended May 3, 1973, Pub. L. 93 29, title VIII, §801(c), 87 Stat. 59; Aug. 21, 1974, Pub. L. 93 380, title VIII, §841(b), 88 Stat. 609; Oct. 17, 1984, Pub. L. 98 480, title I, §§103(b), 106, 98 Stat. 2237, 2239; Nov. 22, 1985, Pub. L. 99 159, title III, §302(b), 99 Stat. 903; Mar. 15, 1990, Pub. L. 101 254, §§4(b) 6, 104 Stat. 102, 103.)

References in Text

Section 703(a) of the Bilingual Education Act, referred to in subsec. (b)(5)(A), is section 703(a) of Pub. L. 89 10, title VII, as added by Pub. L. 95 561, title VII, §701, Nov. 1, 1978, 92 Stat. 2269, as amended, which was classified to section 3223(a) of this title prior to the complete revision of Pub. L. 89 10 by Pub. L. 100 297, Apr. 28, 1988, 102 Stat. 140. For provisions defining “limited English proficiency”, see section 7601 of this title.

Codification

Another section 801(c) of Pub. L. 93 29 amended section 351c of this title. See 1973 Amendment note set out under section 351c of this title.

Amendments

1990—Subsec. (b)(4), (5). Pub. L. 101 254, §5, added par. (4) and redesignated former par. (4) as (5).

Subsec. (d)(1). Pub. L. 101 254, §6(1), substituted “, construction, and interlibrary cooperation and resource sharing” for “and construction”.

Subsec. (g)(2). Pub. L. 101 254, §4(b), inserted “in the same fiscal year in which it has received an allocation under section 351c(c)(1) of this title” after “section 351c(c)(2) of this title”.

Subsec. (h). Pub. L. 101 254, §6(2), added subsec. (h).

1985—Subsec. (b)(4)(A). Pub. L. 99 159 inserted reference to section 3223(a) of this title.

1984—Subsec. (a). Pub. L. 98 480, §106(2), substituted “subchapters I, II, and III” for “subchapters I, II, III, and IV”.

Subsec. (b)(3). Pub. L. 98 480, §103(b)(1), substituted “Secretary” for “Commissioner” in two places.

Subsec. (b)(4). Pub. L. 98 480, §106(3), substituted provisions enumerating the types of programs and projects to be given priority by a State plan under this chapter for provisions which required that the State plan under this chapter set forth the criteria to be used in determining the adequacy of public library services in geographical areas and for groups of persons in the State, including criteria designed to assure that priority would be given to programs or projects which served urban and rural areas with high concentrations of low-income families, and to programs and projects which served areas with high concentrations of persons of limited English-speaking ability (as defined in section 3223(a) of this title).

Subsecs. (c)(1), (3), (d), (e). Pub. L. 98 480, §103(b)(1), substituted “Secretary” for “Commissioner” wherever appearing.

Subsec. (f). Pub. L. 98 480, §103(b), substituted “Secretary's” for “Commissioner's” in par. (1) and substituted “Secretary” for “Commissioner” two places in par. (1), three places in par. (2), and in par. (3).

Subsec. (g). Pub. L. 98 480, §106(4), added subsec. (g).

1974—Subsec. (b)(4). Pub. L. 93 380 required basic State plan to include criteria to assure that priority will be given to programs and projects which serve areas with high concentrations of persons of limited English-speaking ability (as defined in section 880b 1(a) of this title).

1973—Subsec. (a). Pub. L. 93 29 inserted reference to subchapter IV of this chapter.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101 254 effective Oct. 1, 1990, see section 25 of Pub. L. 101 254, set out as a note under section 351a of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93 380 effective on and after July 1, 1974, see section 841(c) of Pub. L. 93 380.

Effective Date of 1973 Amendment

Amendment by Pub. L. 93 29 effective after June 30, 1973, see section 801(e) of Pub. L. 93 29, set out as an Effective Date note under section 351b of this title.

Effective Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91 600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

Section Referred to in Other Sections

This section is referred to in sections 351a, 351e, 352, 353, 354, 355a, 355c, 355e, 355e 2, 355e 3, 355e 4, 386a of this title.

1See References in Text note below.

§351e. Payments

(a) Prerequisites for payment

From the allotments available therefor under section 351c of this title from appropriations pursuant to clause (1), (2), or (3) of section 351b(a) of this title, the Secretary shall pay to each State which has a basic State plan approved under section 351d(a)(1) of this title, an annual program and a long-range program as defined in section 351a(12) and (13) of this title an amount equal to the Federal share of the total sums expended by the State and its political subdivisions in carrying out such plan, except that no payments shall be made from appropriations pursuant to such paragraph (1) for the purposes of subchapter I of this chapter to any State (other than Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)) for any fiscal year unless the Secretary determines that—

(1) there will be available from State and local sources for expenditure under the programs, during the fiscal year for which the allotment is made, an amount that equals or exceeds the amount required to provide the State percentage as required by subsection (b) of this section; and

(2)(A) there will be available for expenditure for State aid to public libraries and library systems, during the fiscal year for which the allotment is made, an aggregate amount equal to 90 percent of the amount actually expended for such purposes in the second preceding fiscal year; and

(B) there will be available for expenditure, during the fiscal year for which the allotment is made, for the State library administrative agency, or for the part thereof charged by State law with the extension and development of public library services throughout the State, an aggregate amount equal to 90 percent of the amount actually expended for such purpose in the second preceding fiscal year.


The Secretary may, in accordance with regulations, waive the requirements of paragraph (2) of this subsection, if the Secretary determines that the application of such paragraph would be unjust or unreasonable in the light of exceptional extenuating circumstances.

(b) Federal share; promulgation by Secretary

(1) For the purpose of this section, the “Federal share” for any State shall be, except as is provided otherwise in subchapter III of this chapter, 100 per centum less the State percentage, and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of all the States (excluding Puerto Rico, Guam, American Samoa, and1 the Northern Mariana Islands2 the Virgin Islands, the Commonwealth of the Northern Mariana Islands2 and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)), except that (A) the Federal share shall in no case be more than 66 per centum, or less than 33 per centum, and (B) the Federal share for Puerto Rico, Guam, American Samoa, and1 the Northern Mariana Islands2 and the Virgin Islands shall be 66 per centum, and (C) the Federal share for the Commonwealth of the Northern Mariana Islands and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48) shall be 100 per centum.

(2) The “Federal share” for each State shall be promulgated by the Secretary within sixty days after the beginning of the fiscal year ending June 30, 1971, and of every second fiscal year thereafter, on the basis of the average per capita incomes of each of the States and of all the States (excluding Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Commonwealth of the Northern Mariana Islands2 and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)), for the three most recent consecutive years for which satisfactory data are available to him from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years beginning after the promulgation.

(c) Indian tribes

From the sums available pursuant to the second sentence of section 351b(a) of this title, the Secretary shall pay to each Indian tribe which has an approved application under section 363 of this title an amount equal to such tribe's allotment under section 351c(c)(1) of this title and shall pay to each Indian tribe which has an approved plan under section 364 of this title an amount equal to such tribe's additional allocation under section 351d(g)(2) of this title, except that such additional allocation shall not exceed 80 percent of the cost of carrying out such plan.

(June 19, 1956, ch. 407, §7, as added Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1665; amended May 3, 1973, Pub. L. 93 29, title VIII, §801(d), 87 Stat. 59; Oct. 17, 1984, Pub. L. 98 480, title I, §§103(b)(1), 107, 98 Stat. 2237, 2239; Mar. 15, 1990, Pub. L. 101 254, §7(a), 104 Stat. 103; July 25, 1991, Pub. L. 102 73, title VIII, §802(e)(3), (4), 105 Stat. 361, 362.)

References in Text

For Oct. 1, 1994, as the date the Compact of Free Association with Palau takes effect, referred to in subsecs. (a) and (b), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.

Amendments

1991—Subsec. (a). Pub. L. 102 73, §802(e)(3), substituted “Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “the Trust Territory of the Pacific Islands”.

Subsec. (b). Pub. L. 102 73, §802(e)(4), substituted “the Commonwealth of the Northern Mariana Islands and Palau (until the Compact of Free Association with Palau takes effect pursuant to section 1931(a) of title 48)” for “and the Trust Territory of the Pacific Islands” wherever appearing and, in subsec. (b)(1)(C), was executed as a substitution for “the Trust Territory of the Pacific Islands” to reflect the probable intent of Congress.

1990—Subsec. (a). Pub. L. 101 254 inserted pars. (1) and (2) and concluding sentence and struck out former pars. (1) and (2) which read as follows:

“(1) there will be available for expenditure under the programs from State and local sources during the fiscal year for which the allotment is made—

“(A) sums sufficient to enable the State to receive for the purpose of carrying out the programs payments in an amount not less than the minimum allotment for that State for the purpose, and

“(B) not less than the total amount actually expended, in the areas covered by the programs for such year, for the purposes of such programs from such sources in the second preceding fiscal year; and

“(2) there will be available for expenditure for the purposes of the programs from State sources during the fiscal year for which the allotment is made not less than the total amount actually expended for such purposes from such sources in the second preceding fiscal year.”

1984—Subsec. (a). Pub. L. 98 480, §§103(b)(1), 107(2), substituted “clause (1), (2), or (3)” for “paragraph (1), (2), (3), or (4)” and “Secretary” for “Commissioner” in two places.

Subsec. (b)(1). Pub. L. 98 480, §107(3), (4), substituted “subchapter III” for “subchapter III and subchapter IV” and inserted “and the Northern Mariana Islands” after “American Samoa,” in two places.

Subsec. (b)(2). Pub. L. 98 480, §§103(b)(1), 107(5), substituted “Secretary” for “Commissioner” and inserted “the Northern Mariana Islands,” after “the Virgin Islands,”.

Subsec. (c). Pub. L. 98 480, §107(6), added subsec. (c).

1973—Subsec. (a). Pub. L. 93 29, §801(d)(1), inserted reference to par. (4) of section 351(a) of this title.

Subsec. (b)(1). Pub. L. 93 29, §801(d)(2), inserted reference to subchapter IV of this chapter.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101 254 effective Oct. 1, 1990, see section 25 of Pub. L. 101 254, set out as a note under section 351a of this title.

Effective Date

Section effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91 600, set out as an Effective Date of 1970 Amendment note under section 351 of this title.

1So in original. The word “and” probably should not appear.

2So in original. Probably should be followed by a comma.

§351f. Administrative costs

A State may expend funds received under subchapters I and II of this chapter for administrative costs in connection with programs and activities carried out under subchapters I, II, and III of this chapter, but such administrative expenditures under such subchapters for any fiscal year may not exceed the greater of (1) 6 per centum of the sum of the amounts allotted to such State under such subchapters for such fiscal year, or (2) $60,000.

(June 19, 1956, ch. 407, §8, as added Oct. 7, 1977, Pub. L. 95 123, §3(a), 91 Stat. 1095; amended Oct. 17, 1984, Pub. L. 98 480, title I, §108, 98 Stat. 2240.)

Amendments

1984—Pub. L. 98 480 substituted provisions authorizing States to expend funds received under subchapters I and II for administrative costs in connection with programs and activities under subchapters I, II, and III, in amounts not to exceed the greater of 6 percent of the amounts allotted to such State thereunder for such fiscal year or $60,000 for provisions which required States to provide matching amounts for such expenditures from non-Federal sources.

Construction of Provisions Respecting Administrative Costs

Pub. L. 99 159, title III, §303(a), Nov. 22, 1985, 99 Stat. 903, provided that: “The references in section 8 of the Act (20 U.S.C. 351f) to ‘such titles’ [‘such subchapters’] mean, and shall be construed as meaning, the immediately preceding reference to ‘titles I, II, and III’ [‘subchapters I, II, and III of this chapter’].”

Section Referred to in Other Sections

This section is referred to in section 353 of this title.

§351g. Education Research Library

None of the activities or functions of the Department of Education Research Library which are utilized, directly or indirectly, by the Secretary in carrying out this chapter and which were not performed by contractors as of July 26, 1989, shall be contracted out or otherwise transferred from the Federal Government before September 30, 1991, unless such transfer is expressly authorized by statute, or unless the value of all work performed under the contract and related contracts in each fiscal year does not exceed $50,000.

(June 19, 1956, ch. 407, §9, as added Mar. 15, 1990, Pub. L. 101 254, §8(a), 104 Stat. 104.)

Effective Date

Section effective Oct. 1, 1990, see section 25 of Pub. L. 101 254, set out as an Effective Date of 1990 Amendment note under section 351a of this title.

SUBCHAPTER I—PUBLIC LIBRARY SERVICES

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 351b, 351c, 351d, 351e, 351f, 361 of this title.

§352. Grants to States for public library services

The Secretary shall carry out a program of making grants from sums appropriated pursuant to section 351b(a)(1) of this title to States which have approved basic State plans under section 351d of this title and have submitted annual programs under section 354 of this title—

(1) for the extension of public library services to areas and populations without such services and the improvement of such services to areas and populations to ensure that such services are adequate to meet user needs and to make library services accessible to individuals who, by reason of distance, residence, handicap, age, literacy level, or other disadvantage, are unable to receive the benefits of public library services regularly made available to the public;

(2) for adapting public library services to meet particular needs of individuals within the States;

(3) for assisting libraries to serve as community information referral centers;

(4) for assisting libraries in providing literacy programs for adults and school dropouts in cooperation with other agencies and organizations, if appropriate;

(5) for assisting libraries in developing intergenerational library programs that will match older adult volunteers with libraries interested in developing after school1 literacy and reading skills programs for unsupervised school children during afterschool hours;

(6) for assisting libraries in providing mobile library services and programs to child-care providers or child-care centers which are licensed or certified by the State, or otherwise meet the requirements of State law;

(7) to establish and support model library literacy centers, coordinated by the State library administrative agency with other interested State agencies and nonprofit organizations to reduce the number of functionally illiterate individuals and to help them reach full employment;

(8) for assisting libraries in providing and displaying educational materials, and conducting community-wide programs, aimed at preventing and eliminating drug abuse, in cooperation with local education agencies or other agencies or organizations, if appropriate;

(9) for strengthening State library administrative agencies;

(10) for strengthening major urban resource libraries; and

(11) for assisting public libraries in making effective use of technology to improve library and information services.

(June 19, 1956, ch. 407, title I, §101, formerly §3, 70 Stat. 293; Aug. 31, 1960, Pub. L. 86 679, §1, 74 Stat. 571; renumbered title I, §101, and amended Feb. 11, 1964, Pub. L. 88 269, §§1(a)(2), 2, 7(a), 78 Stat. 11 13; July 19, 1966, Pub. L. 89 511, §3, 80 Stat. 313; Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1666; Oct. 7, 1977, Pub. L. 95 123, §4(c), 91 Stat. 1096; Oct. 17, 1984, Pub. L. 98 480, title I, §§103(b)(1), 109, 98 Stat. 2237, 2240; Mar. 15, 1990, Pub. L. 101 254, §§9 12, 16(b), 24(2), 104 Stat. 104, 105, 113.)

Amendments

1990—Pub. L. 101 254, §24(2), inserted “public” before “library” in section catchline.

Par. (5). Pub. L. 101 254, §9(2), added par. (5). Former par. (5) redesignated (9).

Par. (6). Pub. L. 101 254, §10, added par. (6). Former par. (6) redesignated (10).

Par. (7). Pub. L. 101 254, §11, added par. (7).

Par. (8). Pub. L. 101 254, §12, added par. (8).

Pars. (9), (10). Pub. L. 101 254, §9(1), redesignated pars. (5) and (6) as (9) and (10), respectively.

Par. (11). Pub. L. 101 254, §16(b), added par. (11).

1984—Pub. L. 98 480, §109, designated part of existing provisions as pars. (1), (2), (5), and (6), in par. (1) substituted reference to improvement of services to ensure that such services are adequate to meet user needs for reference to improvement of services in areas in which such services are inadequate and reference to handicap, age, and literacy level for reference to physical handicap, respectively, in par. (5) substituted reference to strengthening State library administrative agencies for reference to improving and strengthening library administrative agencies, and added pars. (3) and (4).

Pub. L. 98 480, §103(b)(1), substituted “Secretary” for “Commissioner”.

1977—Pub. L. 95 123 inserted “and in strengthening major urban resource libraries” after “library administrative agencies”.

1970—Pub. L. 91 600 substituted provisions authorizing Commissioner to make grants to States for public library services for provisions authorizing appropriations for fiscal year ending June 30, 1967, fiscal year ending June 30, 1968, fiscal year ending June 30, 1969, fiscal year ending June 30, 1970, and fiscal year ending June 30, 1971. See section 351b of this title.

1966—Pub. L. 89 511 authorized appropriation of $35,000,000 for fiscal year ending June 30, 1967, $45,000,000 for fiscal year ending June 30, 1968, $55,000,000 for fiscal year ending June 30, 1969, $65,000,000 for fiscal year ending June 30, 1970, $75,000,000 for fiscal year ending June 30, 1971, and struck out provisions authorizing appropriations for fiscal years ending between June 30, 1957, and June 30, 1966.

1964—Pub. L. 88 269, §§1(a)(2), 2, struck out “rural” before “areas”; substituted “are” for “is hereby” before “authorized” and “next six fiscal years” for “nine succeeding fiscal years” and inserted “, for the fiscal year ending June 30, 1964, the sum of $25,000,000, and for each of the next two fiscal years such sums as the Congress may determine,” after “$7,500,000”.

1960—Pub. L. 86 679 substituted “nine succeeding fiscal years” for “four succeeding fiscal years”.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101 254 effective Oct. 1, 1990, see section 25 of Pub. L. 101 254, set out as a note under section 351a of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91 600 effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91 600, set out as a note under section 351 of this title.

Effective Date of 1964 Amendment

Section 1(f) of Pub. L. 88 269 provided that: “The amendment made by subsection (a)(2) [amending this section] shall apply in the case of appropriations for fiscal years beginning after June 30, 1964. The amendments made by subsection (b) [amending section 353 of this title] shall apply in the case of allotments from appropriations for fiscal years beginning after June 30, 1964. The amendments made by subsection (c) [amending section 354 of this title] shall apply in the case of expenditures under State plans for periods after June 30, 1964. The amendment made by subsection (e) [amending section 358 of this title] shall become effective July 1, 1964.”

1So in original. Probably should be “afterschool”.

§353. Uses of Federal funds

(a) Development of programs and projects to extend library services to physically handicapped, disadvantaged areas, etc.; expanding services of major urban resource libraries; limitation on grants

Funds appropriated pursuant to paragraph (1) of section 351b(a) of this title shall be available for grants to States from allotments under section 351c(a) of this title for the purpose of paying the Federal share of the cost of carrying out State plans submitted and approved under sections 351d and 354 of this title. Except as is provided in subsection (b) of this section, grants to States under this subchapter may be used solely—

(1) for planning for, and taking other steps leading to the development of, programs and projects designed to assist libraries to serve as community centers for information and referral and to extend and improve library services, as provided in clause (2);

(2) for (A) extending public library services to geographical areas and groups of persons without such services and improving such services in such areas and for such groups as may have inadequate public library services; and (B) establishing, expanding, and operating programs and projects to provide (i) State institutional library services, (ii) library services to the physically handicapped, and (iii) library services for the disadvantaged in urban and rural areas; and (C) strengthening metropolitan public libraries which serve as national or regional resource centers; and

(3) for supporting and expanding library services of major urban resource libraries which, because of the value of the collections of such libraries to individual users and to other libraries, need special assistance to furnish services at a level required to meet the demands made for such services.


No grant may be made under clause (3) of this subsection unless the major urban resource library provides services to users throughout the regional area in which such library is located. In carrying out its program to accomplish the purposes of this subchapter, a State may make subgrants to library systems or networks which include libraries other than public libraries, if the purpose of the subgrant is to improve services for public library patrons.

(b) Payment of costs of administering State plans, planning for and evaluation of library services, dissemination of information concerning library services, etc.; increase capacity of State library administrative agencies

Subject to the provisions of section 351f of this title and such limitations and criteria as the Secretary shall establish by regulation, grants to States under this chapter may be used (1) to pay the cost of administering the State plans submitted and approved under this chapter (including obtaining the services of consultants), statewide planning for and evaluation of library services, dissemination of information concerning library services, and the activities of such advisory groups and panels as may be necessary to assist the State library administrative agency in carrying out its functions under this subchapter, and (2) for strengthening the capacity of State library administrative agencies for meeting the needs of the people of the States.

(c) Reservation of allotments

(1) Subject to such criteria as the Secretary shall establish by regulation, in any fiscal year in which sums appropriated pursuant to paragraph (1) of section 351b(a) of this title (excluding the amount made available for Indian tribes and Hawaiian natives) exceed $60,000,000, each State which is subject to the provisions of this subsection shall reserve that portion of the allotment of each State attributable to the amount in excess of $60,000,000 in that fiscal year in the manner required in paragraph (2).

(2)(A) In each State having one or more cities with a population of 100,000 or more individuals, as determined by the Secretary, and in which the aggregate population of such cities does not exceed 50 percent of the total population of the State, the portion of the excess amount specified in paragraph (1) shall be reserved for the purposes described in subsection (a)(3) of this section in accordance with clause (2) of section 354 of this title in an amount which bears the same ratio to the total of such excess amount as the aggregate population of such cities bears to the total population of such State.

(B) In each State having one or more cities with a population of 100,000 or more individuals, as determined by the Secretary, and in which the aggregate population of such cities exceeds 50 percent of the total population of the State, 50 percent of the excess amount specified in paragraph (1) shall be reserved for the purposes described in subsection (a)(3) of this section in accordance with clause (2) of section 354 of this title.

(C) Any State which does not include any city with a population of 100,000 or more individuals, as determined by the Secretary, shall not be subject to the provisions of this subsection.

(3) No State shall, in carrying out the provisions of paragraph (2) of this subsection, reduce the amount paid to any major urban resource library below the amount that such library received in the fiscal year preceding the fiscal year for which the determination is made under such paragraph (2), except that such amount may be ratably reduced to the extent that (A) the total Federal allocations to the State under section 351c of this title for purposes of this subchapter for the applicable fiscal year are reduced, or (B) the 1990 Census shows the population of the city served by such library has decreased.

(June 19, 1956, ch. 407, title I, §102, formerly §4, 70 Stat. 293; Aug. 1, 1956, ch. 852, §25(a), 70 Stat. 911; Aug. 31, 1960, Pub. L. 86 679, §2, 74 Stat. 571; Sept. 25, 1962, Pub. L. 87 688, §5(a)(1), 76 Stat. 587; renumbered title I, §102, and amended Feb. 11, 1964, Pub. L. 88 269, §§1(b), 3, 7(a), 78 Stat. 11 13; July 19, 1966, Pub. L. 89 511, §§4, 12(a), 80 Stat. 313, 318; Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1667; Oct. 7, 1977, Pub. L. 95 123, §§3(b), 4(d), (e), 91 Stat. 1095, 1096; Oct. 17, 1984, Pub. L. 98 480, title I, §§103(b)(1), 110, 98 Stat. 2237, 2240; Nov. 22, 1985, Pub. L. 99 159, title III, §§303(b), 304, 99 Stat. 903; Mar. 15, 1990, Pub. L. 101 254, §§13, 14, 104 Stat. 105.)

Amendments

1990—Subsec. (a). Pub. L. 101 254, §13, inserted at end “In carrying out its program to accomplish the purposes of this subchapter, a State may make subgrants to library systems or networks which include libraries other than public libraries, if the purpose of the subgrant is to improve services for public library patrons.”

Subsec. (c)(3). Pub. L. 101 254, §14, added par. (3).

1985—Subsec. (b). Pub. L. 99 159, §303(b), substituted “this chapter” for “this subchapter” in provision preceding cl. (1).

Subsec. (c)(1). Pub. L. 99 159, §304, inserted “(excluding the amount made available for Indian tribes and Hawaiian natives)”.

1984—Subsec. (a)(1). Pub. L. 98 480, §110, inserted “assist libraries to serve as community centers for information and referral and to” after “designed to”.

Subsecs. (b), (c). Pub. L. 98 480, §103(b)(1), substituted “Secretary” for “Commissioner” wherever appearing.

1977—Subsec. (a). Pub. L. 95 123, §4(d), added cl. (3) and last sentence.

Subsec. (b). Pub. L. 95 123, §3(b), inserted “the provisions of section 351f of this title and” after “Subject to”.

Subsec. (c). Pub. L. 95 123, §4(e), added subsec. (c).

1970—Pub. L. 91 600 substituted provision relating to purposes which funds granted to States could be used for, for provisions setting forth amount of allotments authorized to be made by Commissioner to States, Guam, etc. See section 351c of this title.

1966—Pub. L. 89 511 struck out provision that allotment to any State under this section for fiscal year ending June 30, 1964, shall be available for payments to such State with respect to expenditures under its approved State plan during fiscal years ending June 30, 1964, and June 30, 1965, and provided for an allotment of $25,000 to the Trust Territory of the Pacific Islands.

1964—Pub. L. 88 269, §§1(b), 3, struck out “rural” before “population” in two places, substituted “$25,000” and “$100,000” for “$10,000” and “$40,000”, respectively, and inserted provision for availability of allotments for fiscal year ending June 30, 1964 and the next fiscal year.

1962—Pub. L. 87 688 substituted “, American Samoa, and the Virgin Islands” for “and to the Virgin Islands”.

1960—Pub. L. 86 679 struck out subsec. (b) which made the amount of any allotment to a State for any fiscal year remaining unpaid at the end of the fiscal year available for payment until the end of the succeeding fiscal year, and which prohibited payment to a State under section 355 of this title until the State's allotment for the preceding fiscal year has been exhausted or has ceased to be available.

1956—Subsec. (a). Act Aug. 1, 1956, inserted “each to Guam and” after “$10,000”.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101 254 effective Oct. 1, 1990, see section 25 of Pub. L. 101 254, set out as a note under section 351a of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91 600 effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91 600, set out as a note under section 351 of this title.

Effective Date of 1966 Amendment

Section 12(c) of Pub. L. 89 511 provided that: “The amendments made by this section [amending this section and sections 355, 355b, 355e 1, 355f 1, 355f 5, and 358 of this title] shall be effective with respect to fiscal years beginning after June 30, 1966.”

Effective Date of 1964 Amendment

Amendment by section 1(b) of Pub. L. 88 269 applicable in the case of allotments from appropriations for fiscal years beginning after June 30, 1964, see section 1(f) of Pub. L. 88 269, set out as a note under section 352 of this title.

Section 3(a) of Pub. L. 88 269 provided that the amendment made by that section is effective in the case of allotments from appropriations for fiscal years beginning after June 30, 1963.

Effective Date of 1962 Amendment

Section 5(b) of Pub. L. 87 688 provided that: “The amendments made by this section [amending this section and sections 355 and 358 of this title] shall become effective July 1, 1962.”

Effective Date of 1960 Amendment

Section 6 of Pub. L. 86 679 provided that: “The amendments made by section 2 of this Act [amending this section] shall be effective in the case of allotments from sums appropriated under section 3 of the Library Services Act [section 352 of this title] for any fiscal year beginning after June 30, 1961, except that no payment shall be made to any State from its allotment under section 4 of such Act [this section] for the fiscal year ending June 30, 1962, until its allotment for any preceding year has been exhausted or ceased to be available. The amendments made by sections 3 and 4 of this Act [amending section 355 of this title] shall be effective in the case of promulgations of Federal shares under the Library Services Act [this chapter] made after the enactment of this Act [Aug. 31, 1960].”

Section Referred to in Other Sections

This section is referred to in section 354 of this title.

§354. Annual State program for library services; submission; contents; limitation on reduction of funds; ratable reduction

Any State desiring to receive a grant from its allotment for the purposes of this subchapter for any fiscal year shall, in addition to having submitted, and having had approved, a basic State plan under section 351d of this title, submit for that fiscal year an annual program for library services. Such program shall be submitted at such time, in such form, and contain such information as the Secretary may require by regulation, and shall—

(1) set forth a program, subject to clause (2) of this section, for the year submitted under which funds paid to the State from appropriations pursuant to paragraph (1) of section 351b(a) of this title for that year will be used, consistent with its long-range program, solely for the purposes set forth in section 353 of this title;

(2) set forth a program for the year submitted under which the amount reserved by the State under section 353(c) of this title, if applicable, will be used for the purposes set forth in clause (3) of section 353(a) of this title;

(3) set forth the criteria used in allocating such funds among such purposes, which criteria shall insure that the State will expend from Federal, State, and local sources an amount not less than the amount expended by the State from such sources for State institutional library services, and library services to the physically handicapped during the second fiscal year preceding the fiscal year for which the determination is made;

(4) describe the uses of funds for programs for the elderly;

(5) describe the uses of funds to make library services and programs more accessible to handicapped individuals.1

(6) include such information, policies, and procedures as will assure that the activities to be carried out during that year are consistent with the long-range program; and

(7) include an extension of the long-range program, taking into consideration the results of evaluations.


No State shall, in carrying out the provisions of clause (2) of this section, reduce the amount paid to an urban resource library below the amount that such library received in the year preceding the year for which the determination is made under such clause (2). The amount which a State is required to expend pursuant to clause (3) of this section shall be ratably reduced to the extent that Federal allocations to the State are reduced and to the extent that the Secretary determines that the populations served by such expenditures has declined.

(June 19, 1956, ch. 407, title I, §103, formerly §5, 70 Stat. 293; renumbered title I, §103, and amended Feb. 11, 1964, Pub. L. 88 269, §§1(c), 4, 7(a), 78 Stat. 11 13; Dec. 30, 1970, Pub. L. 91 600, §2(b), 84 Stat. 1667; Oct. 7, 1977, Pub. L. 95 123, §§4(f), 5, 91 Stat. 1096, 1097; Oct. 17, 1984, Pub. L. 98 480, title I, §§103(b)(1), 111, 98 Stat. 2237, 2241; Mar. 15, 1990, Pub. L. 101 254, §§7(b), 15, 104 Stat. 103, 105.)

Amendments

1990—Pub. L. 101 254, §7(b), inserted before period at end of last sentence “and to the extent that the Secretary determines that the populations served by such expenditures has declined”.

Par. (3). Pub. L. 101 254, §15(1), struck out “and institutionalized individuals” after “physically handicapped”.

Par. (4). Pub. L. 101 254, §15(2), struck out “, which may include (A) the training of librarians to work with the elderly; (B) the conduct of special library programs for the elderly particularly for the elderly who are handicapped; (C) the purchase of special library materials for use by the elderly; (D) the payment of salaries for elderly persons who wish to work in libraries as assistants on programs for the elderly; (E) the provision of in-home visits by librarians and other library personnel to the elderly; (F) the establishment of outreach programs to notify the elderly of library services available to them; and (G) the furnishing of transportation to enable the elderly to have access to library services” after first reference to “elderly”.

Par. (5). Pub. L. 101 254, §15(3), added par. (5) and struck out former par. (5) which read as follows: “describe the manner in which funds for programs for handicapped individuals will be used to make library services more accessible to such individuals;”.

1984—Pub. L. 98 480, §§103(b)(1), 111, substituted “Secretary” for “Commissioner” in provisions preceding par. (1), inserted “and institutionalized individuals” after “handicapped” in par. (3), added pars. (4) and (5) and redesignated former pars. (4) and (5) as (6) and (7), respectively; and inserted provision at end that the amount which a State is required to expend pursuant to par. (3) shall be ratably reduced to the extent that Federal allocations to the State are reduced.

1977—Pub. L. 95 123 in cl. (1) inserted “, subject to clause (2) of this section,” after “set forth a program”, added cl. (2), redesignated former cl. (2) as (3) and substituted “the second fiscal year preceding the fiscal year for which the determination is made” for “the fiscal year ending June 30, 1971”, redesignated former cls. (3) and (4) as (4) and (5), respectively, and inserted sentence at end.

1970—Pub. L. 91 600 substituted provisions requiring submission by any State desiring to receive a grant from its allotment for any fiscal year of an annual program for library services for that fiscal year, and setting forth the required contents of such program, for provisions setting forth the criteria for approval by the Commissioner of State plans for the further extension of public library services. See section 351d of this title.

1964—Subsec. (a). Pub. L. 88 269, §1(c)(1), struck out “to rural areas” after “public library services”.

Subsec. (a)(3). Pub. L. 88 269, §§1(c)(2), 4, struck out “rural” before “areas”.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101 254 effective Oct. 1, 1990, see section 25 of Pub. L. 101 254, set out as a note under section 351a of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91 600 effective after June 30, 1971, see section 2(c)(1) of Pub. L. 91 600, set out as a note under section 351 of this title.

Effective Date of 1964 Amendment

Amendment by section 1(c) of Pub. L. 88 269 applicable in the case of expenditures under State plans for periods after June 30, 1964, see section 1(f) of Pub. L. 88 269, set out as a note under section 352 of this title.

Section 4 of Pub. L. 88 269 provided that the amendment made by that section is effective July 1, 1963.

Section Referred to in Other Sections

This section is referred to in sections 352, 353 of this title.

1So in original. The period probably should be a semicolon.

§355. Omitted

Codification

Section, acts June 19, 1956, ch. 407, title I, §104, formerly §6, 70 Stat. 295; Aug. 1, 1956, ch. 852, §25(b), (c), 70 Stat. 911; Aug. 31, 1960, Pub. L. 86 679, §§3, 4, 74 Stat. 571; Sept. 25, 1962, Pub. L. 87 688, §5(a)(2), (3), 76 Stat. 587; renumbered and amended Feb. 11, 1964, Pub. L. 88 269, §§5, 6, 7(a), (c) (e), 78 Stat. 12 14; July 19, 1966, Pub. L. 89 511, §§5, 8, 12(a), (b), 80 Stat. 313, 318, related to the conditions under which payments were to be made to States, the amount of such payments, and the determination and promulgation of the Federal share, and was omitted in the general revision of this chapter by Pub. L. 91 600, §2(b), Dec. 30, 1970, 84 Stat. 1660, effective after June 30, 1971. See section 351e of this title.

SUBCHAPTER II—PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 351b, 351c, 351d, 351f, 361 of this title; title 42 section 3338.

§355a. Grants to States for public library construction and library and information technology enhancement

The Secretary shall carry out a program of making grants to States which have had approved a basic State plan under section 351d of this title and have submitted a long-range program and su