§ 4414. — General powers of Board.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4414]
TITLE 20--EDUCATION
CHAPTER 56--AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE
AND ART DEVELOPMENT
SUBCHAPTER I--AMERICAN INDIANS AND ALASKA NATIVES
Sec. 4414. General powers of Board
(a) In general
In carrying out the provisions of this chapter, the Board shall have
the power, consistent with the provisions of this chapter--
(1) to adopt, use, and alter a corporate seal;
(2) to make agreements and contracts with persons, Indian
tribes, and private or governmental entities and to make payments or
advance payments under such agreements or contract \1\ without
regard to section 3324 of title 31;
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\1\ So in original. Probably should be ``contracts''.
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(3) any other provision of law to the contrary notwithstanding,
to enter into joint development ventures with public or private
commercial or noncommercial entities for development of facilities
to meet the plan required under section 4426 of this title, if the
ventures are related to and further the mission of the Institute;
(4) to sue and be sued in its corporate name and to complain and
defend in any court of competent jurisdiction;
(5) to represent itself, or to contract for representation, in
all judicial, legal, and other proceedings;
(6) with the approval of the agency concerned, to make use of
services, facilities, and property of any board, commission,
independent establishment, or executive agency or department of the
executive branch in carrying out the provisions of this chapter and
to pay for such use (such payments to be credited to the applicable
appropriation that incurred the expense);
(7) to use the United States mails on the same terms and
conditions as the executive departments of the United States
Government;
(8) to obtain the services of experts and consultants in
accordance with the provisions of section 3109 of title 5 and to
accept and utilize the services of voluntary and noncompensated
personnel and reimburse them for travel expenses, including per
diem, as authorized by section 5703 of title 5;
(9) to solicit, accept, and dispose of gifts, bequests, devises
of money, securities, and other properties of whatever character,
for the benefit of the Institute;
(10) to receive grants from, and enter into contracts and other
arrangements with, Federal, State, or local governments, public and
private agencies, organizations, institutions, and individuals;
(11) to acquire, hold, maintain, use, operate, and dispose of
such real property, including improvements thereon, personal
property, equipment, and other items, as may be necessary to enable
the Board to carry out the purpose of this chapter;
(12) to the extent not already provided by law, to obtain
insurance to cover all activities of the Institute, including
coverage relating to property and liability, or make other
provisions against losses;
(13) to use any funds or property received by the Institute to
carry out the purpose of this chapter, including the authority to
designate on an annual basis a portion, not to exceed 10 percent, of
the funds appropriated pursuant to section 4451 of this title for
investment, without regard to any other provision of law regarding
investment or disposition of federally appropriated funds, on a
short-term basis for the purpose of maximizing yield and liquidity
of such funds; and
(14) to exercise all other lawful powers necessarily or
reasonably related to the establishment of the Institute in order to
carry out the provisions of this chapter and the exercise of the
powers, purposes, functions, duties, and authorized activities of
the Institute.
(b) Accounting for non-Federal funds
Any funds received by, or under the control of, the Institute that
are not Federal funds shall be accounted for separately from Federal
funds.
(c) Interest and investments
Interest and earnings on amounts received by the Institute pursuant
to section 4451 of this title invested under subsection (a)(12) \2\ of
this section shall be the property of the Institute and shall be
expended to carry out this chapter. The Board shall be held to a
reasonable and prudent standard of care, given such information and
circumstances as existed when the decision is made, in decisions
involving investment of funds under subsection (a)(12) \2\ of this
section.
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\2\ See References in Text note below.
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(Pub. L. 99-498, title XV, Sec. 1507, Oct. 17, 1986, 100 Stat. 1603;
Pub. L. 100-297, title V, Sec. 5406(e), Apr. 28, 1988, 102 Stat. 418;
Pub. L. 101-644, title V, Sec. 501, Nov. 29, 1990, 104 Stat. 4668; Pub.
L. 102-325, title XIII, Sec. 1331(b), July 23, 1992, 106 Stat. 806; Pub.
L. 103-208, Sec. 2(l), Dec. 20, 1993, 107 Stat. 2486.)
References in Text
Subsection (a)(12) of this section, referred to in subsec. (c), was
redesignated subsec. (a)(13) of this section, repealed, and a new
subsec. (a)(13) added by Pub. L. 102-325, title XIII,
Sec. 1331(b)(1)(A), (C), July 23, 1992, 106 Stat. 806, and former
subsec. (a)(11) of this section was redesignated subsec. (a)(12).
Amendments
1993--Subsec. (a)(12). Pub. L. 103-208 substituted semicolon for
period at end.
1992--Subsec. (a)(2). Pub. L. 102-325, Sec. 1331(b)(1)(B), added
par. (2) and struck out former par. (2) which read as follows: ``to make
agreements and contracts with persons, Indian tribes, and private or
governmental entities and to make payments or advance payments under
such agreements or contracts without regard to section 3324 of title
31;''.
Subsec. (a)(3) to (12). Pub. L. 102-325, Sec. 1331(b)(1)(A), (B),
added par. (3) and redesignated former pars. (3) to (11) as (4) to (12),
respectively. Former par. (12) redesignated (13).
Subsec. (a)(13). Pub. L. 102-325, Sec. 1331(b)(1)(C), added par.
(13) and struck out former par. (13) which read as follows: ``to use any
funds or property received by the Institute to carry out the purpose of
this chapter; and''.
Pub. L. 102-325, Sec. 1331(b)(1)(A), redesignated par. (12) as (13).
Former par. (13) redesignated (14).
Subsec. (14). Pub. L. 102-325, Sec. 1331(b)(1)(A), redesignated par.
(13) as (14).
Subsec. (c). Pub. L. 102-325, Sec. 1331(b)(2), substituted ``shall
be expended'' for ``may be expended''.
1990--Subsec. (a)(11). Pub. L. 101-644, Sec. 501(b), amended par.
(11) generally. Prior to amendment, par. (11) read as follows: ``to
obtain insurance or make other provisions against losses;''.
Subsec. (c). Pub. L. 101-644, Sec. 501(a), added subsec. (c).
1988--Pub. L. 100-297 designated existing provisions as subsec. (a),
inserted heading, and added subsec. (b).
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-208 effective as if included in the Higher
Education Amendments of 1992, Pub. L. 102-325, except as otherwise
provided, see section 5(a) of Pub. L. 103-208, set out as a note under
section 1051 of this title.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Effective Date of 1988 Amendment
For effective date and applicability of amendment by Pub. L. 100-
297, see section 6303 of Pub. L. 100-297, set out as a note under
section 1071 of this title.
