§ 4421. — Transfer of functions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4421]
TITLE 20--EDUCATION
CHAPTER 56--AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE
AND ART DEVELOPMENT
SUBCHAPTER I--AMERICAN INDIANS AND ALASKA NATIVES
Sec. 4421. Transfer of functions
(a) Institute of American Indian Arts
There are hereby transferred to the Institute of American Indian and
Alaska Native Culture and Art Development, and such Institute shall
perform, the functions of the Institute of American Indian Arts
established by the Secretary in 1962.
(b) Certain matters relating to transferred functions
(1) Subject to subsection (d) of this section, all personnel,
liabilities, contracts, real property (including the collections of the
museum located on the site known as the ``Santa Fe Indian School'' but
not the museum building), personal property, assets, and records as are
determined by the Director of the Office of Management and Budget to be
employed, held, or used primarily in connection with any function
transferred under the provisions of this chapter (regardless of the
administrative entity providing the services on the date before the
transfer) shall be transferred to the Institute.
(2) Personnel engaged in functions transferred by this chapter shall
be transferred in accordance with applicable laws and regulations
relating to the transfer of functions, except that such transfer shall
be without reduction in classification or compensation for one year
after such transfer.
(c) References in other laws
All laws and regulations relating to the Institute of American
Indian Arts established by the Secretary in 1962 shall, insofar as such
laws and regulations are appropriate, and not inconsistent with the
provisions of this chapter, remain in full force and effect and apply
with respect to the Institute. All references in any other Federal law
to the Institute of American Indian Arts, or any officer transferred to
the Institute of American Indian and Alaska Native Culture and Arts
Development under subsection (b) of this section, shall be deemed to
refer to the Institute of American Indian and Alaska Native Culture and
Arts Development or an officer of the Institute of American Indian and
Alaska Native Culture and Arts Development.
(d) Forgiveness of amounts owed; hold harmless
(1) Subject to paragraph (2)--
(A) the Institute shall be responsible for all obligations of
the Institute incurred after June 2, 1988, and
(B) the Secretary shall be responsible for all obligations of
the Institute incurred on or before June 2, 1988, including those
which accrued by reason of any statutory, contractual, or other
reason prior to June 2, 1988, which became payable within two years
of June 2, 1988.
(2) With respect to all programs of the Federal Government, in
whatever form or from whatever source derived, the Institute shall only
be held responsible for actions and requirements, either administrative,
regulatory, or statutory in nature, for events which occurred after July
1, 1988, including the submission of reports, audits, and other required
information. The United States may not seek any monetary damages or
repayment for the commission of events, or omission to comply with
either administrative or regulatory requirements, for any action which
occurred prior to June 2, 1988.
(Pub. L. 99-498, title XV, Sec. 1514, Oct. 17, 1986, 100 Stat. 1608;
Pub. L. 100-153, Sec. 8, Nov. 5, 1987, 101 Stat. 887; Pub. L. 100-297,
title V, Sec. 5406(d), Apr. 28, 1988, 102 Stat. 418; Pub. L. 101-644,
title V, Sec. 503, Nov. 29, 1990, 104 Stat. 4669; Pub. L. 102-325, title
XIII, Sec. 1331(f), July 23, 1992, 106 Stat. 807.)
Amendments
1992--Subsec. (b)(1). Pub. L. 102-325, Sec. 1331(f)(1), substituted
``Subject to subsection (d) of this section, all personnel'' for ``All
personnel''.
Subsec. (d)(2). Pub. L. 102-325, Sec. 1331(f)(2), substituted
``monetary damages'' for ``monetary damage''.
1990--Subsec. (d). Pub. L. 101-644, Sec. 503, added subsec. (d) and
struck out former subsec. (d) which read as follows: ``Unless the Board
provides otherwise, the Secretary of the Interior shall, until October
1, 1989, provide such technical and support assistance to the Institute
as the Secretary determines reasonable or necessary to assist the
Institute. Such assistance shall include audit, accounting, computer
services, and building and maintenance services.''
Subsecs. (e), (f). Pub. L. 101-644, Sec. 503(1), struck out subsec.
(e) which related to completion of transfers, final date of control of
Institute by Secretary, payment of unexpended or unobligated funds, and
responsibility for subsequently incurred obligations, and subsec. (f)
which related to contract with University of New Mexico, terms of
contract, and composition of advisory council.
1988--Subsec. (e)(3), (4). Pub. L. 100-297 added pars. (3) and (4).
1987--Subsec. (d). Pub. L. 100-153, Sec. 8(1), (2), substituted
``Unless the Board provides otherwise'' for ``During the 2-year period
beginning on the date referred to in subsection (f) of this section''
and inserted ``, until October 1, 1989,'' after ``Secretary of the
Interior shall''.
Subsec. (e). Pub. L. 100-153, Sec. 8(3), added subsec. (e) and
struck out former subsec. (e) which read as follows: ``During the period
beginning on October 17, 1986, and ending on the date referred to in
subsection (f) of this section, the Advisory Board for Institute of
American Indian Arts shall continue to act in an advisory role for the
Board and the Institute of American Indian and Alaska Native Culture and
Arts Development.''
Subsec. (f). Pub. L. 100-153, Sec. 8(3), added subsec. (f) and
struck out former subsec. (f) which read as follows: ``The provisions of
this section (other than subsection (e) of this section) shall take
effect on October 1, 1986.''
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.
