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20 U.S.C. § 4416 — General powers of Board
Federal law — U.S. Code and appendices · legal_authorities
**(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 11 So in original. Probably should be “contracts”. without regard to [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4426&num=0&edition=prelim), 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 w
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Source file: Laws/federal/codes/united-states-code/title-20/section-4416-general-powers-of-board--8168084f9b.md
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Source location: Title 20, Chapter 56, § 4416; chapter-056-american-indian-alaska-native-and-native-hawaiian-culture-and-art-development.md
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**(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 11 So in original. Probably should be “contracts”. without regard to [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4426&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim);
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4451&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4451&num=0&edition=prelim) invested under subsection (a)(12) 22 See References in Text note below. 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
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in this section, a payment under a contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered.
**(b)** An advance of public money may be made only if it is authorized by—
(1) a specific appropriation or other law; or
(2) the President to be made to—
(A) a disbursing official if the President decides the advance is necessary to carry out—
(i) the duties of the official promptly and faithfully; and
(ii) an obligation of the Government; or
(B) an individual serving in the armed forces at a distant station if the President decides the advance is necessary to disburse regularly pay and allowances.
**(c)** Before the Secretary of the Treasury acts on a requisition for an advance, the Comptroller General shall act on the requisition under [section 3522 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3522&num=0&edition=prelim). The Comptroller General does not countersign a requisition for an advance.
**(d)** The head of an agency may pay in advance from appropriations available for the purpose—
(1) to the Secretary of the Army, charges for messages sent by the Secretary of the Army for the head of the agency, including charges for—
(A) payment of tolls of commercial carriers;
(B) leasing facilities for sending messages; and
(C) installing and maintaining facilities for sending messages; and
(2) charges for a publication printed or recorded in any way for the auditory or visual use of the agency.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose; discrimination prohibited**
(1) **Purpose** — The purpose of this part is to enable the Secretary—
(A) to encourage States and nonprofit private institutions and organizations to establish adequate loan insurance programs for students in eligible institutions (as defined in [section 1085 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1085&num=0&edition=prelim)),
(B) to provide a Federal program of student loan insurance for students or lenders who do not have reasonable access to a State or private nonprofit program of student loan insurance covered by an agreement under [section 1078(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/b&num=0&edition=prelim),
(C) to pay a portion of the interest on loans to qualified students which are insured under this part, and
(D) to guarantee a portion of each loan insured under a program of a State or of a nonprofit private institution or organization which meets the requirements of [section 1078(a)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1078/a/1/B&num=0&edition=prelim).
(2) **Discrimination by creditors prohibited** — No agency, organization, institution, bank, credit union, corporation, or other lender who regularly extends, renews, or continues credit or provides insurance under this part shall exclude from receipt or deny the benefits of, or discriminate against any borrower or applicant in obtaining, such credit or insurance on the basis of race, national origin, religion, sex, marital status, age, or handicapped status.
**(b) Authorization of appropriations** For the purpose of carrying out this part—
(1) there are authorized to be appropriated to
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of the Interior is authorized to make grants for the purpose of supporting programs for Native Hawaiian or Alaska Native culture and arts development to any private, nonprofit organization or institution which—
(1) primarily serves and represents Native Hawaiians or Alaska Natives, and
(2) has been recognized by the Governor of the State of Hawaii or the Governor of the State of Alaska, as appropriate, for the purpose of making such organization or institution eligible to receive such grants.
**(b) Purpose of grants** Grants made under subsection (a) shall, to the extent deemed possible by the Secretary and the recipient of the grant, be used—
(1) to provide scholarly study of, and instruction in, Native Hawaiian or Alaska Native art and culture,
(2) to establish programs which culminate in the awarding of degrees in the various fields of Native Hawaiian or Alaska Native art and culture, or
(3) to establish centers and programs with respect to Native Hawaiian or Alaska Native art and culture that are similar in purpose to the centers and programs described in subsections (b) and (c) of [section 4417 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4417&num=0&edition=prelim).
**(c) Management of grants**
(1) Any organization or institution which is the recipient of a grant made under subsection (a) shall establish a governing board to manage and control the program with respect to which such grant is made.
(2) For any grants made with respect to Native Hawaiian art and culture, the members of the governing board which is required to be established under paragraph (1) shall—
(A) be Native Hawaiians or individuals widely recognized in the field of Native Hawaiian art and culture,
(B)
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and
(2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim).
**(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to—
(1) the provisions of this title governing appointment in the competitive service;
(2) chapter 51 and subchapter III of chapter 53 of this title; and
(3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization.
However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services.
**(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section.
**(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Institute shall comply with the provisions of—
(1) Public Law 95–341 ([42 U.S.C. 1996](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1996&num=0&edition=prelim) [, 1996a]), popularly known as the American Indian Religious Freedom Act,
(2) the Archeological Resources Protection Act of 1979 ([16 U.S.C. 470aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa&num=0&edition=prelim) et seq.), and
(3) division A of subtitle III of title 54.
**(b) Criminal laws** All Federal criminal laws relating to larceny, embezzlement, or conversion of the funds or the property of the United States shall apply to the funds and property of the Institute.
**(c) Other Federal assistance**
(1) Funds received by the institute 11 So in original. Probably should be capitalized. pursuant to this chapter 22 See References in Text note below. shall not be regarded as Federal money for purposes of meeting any matching requirements for any Federal grant, contract or cooperative agreement.
(2) The Institute shall not be subject to any provision of law requiring that non-Federal funds or other moneys be used in part to fund any grant, contract, cooperative agreement, or project as a condition to the application for, or receipt of, Federal assistance. This subsection shall not be construed to effect 33 So in original. Probably should be “affect”. in a negative fashion the review, prioritization, or acceptance of any application or proposal for such a program, solicited or unsolicited.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorizations**
(1) **Part A**
(A) There are authorized to be appropriated to carry out part A (other than sections 1059c through 1059g of this title), $135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(B) There are authorized to be appropriated to carry out [section 1059c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c&num=0&edition=prelim), $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(C) There are authorized to be appropriated to carry out [section 1059d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059d&num=0&edition=prelim), $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(D) There are authorized to be appropriated to carry out [section 1059e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059e&num=0&edition=prelim), $75,000,000 for fiscal year 2009 and each of the five succeeding fiscal years.
(E) There are authorized to be appropriated to carry out [section 1059f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059f&num=0&edition=prelim), $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(F) There are authorized to be appropriated to carry out [section 1059g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059g&num=0&edition=prelim), $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years.
(2) **Part
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Federal law — U.S. Code and appendices · legal_authorities
An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.
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Federal law — U.S. Code and appendices · legal_authorities
Page 1243
TITLE 20—EDUCATION
§ 4416
ard of care, given such information and cir-
cumstances as existed when the decision is
made, in decisions involving investment of funds
under subsection (a)(12).2
(Pub. L. 99–498, title XV, § 1507, Oct. 17, 1986, 100
Stat. 1603; Pub. L. 100–297, title V, § 5406(e), Apr.
28, 1988, 102 Stat. 418; Pub. L. 101–644, title V,
§ 501, Nov. 29, 1990, 104 Stat. 4668; Pub. L. 102–325,
title XIII, § 1331(b), July 23, 1992, 106 Stat. 806;
Pub. L. 103–208, § 2(l), Dec. 20, 1993, 107 Stat. 2486.)
Editorial Notes
REFERENCES IN TEXT
Subsection (a)(12), referred to in subsec. (c), was re-
designated subsec. (a)(13) of this section, repealed, and
a new subsec. (a)(13) added by Pub. L. 102–325, title XIII,
§ 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 semi-
colon for period at end.
1992—Subsec. (a)(2). Pub. L. 102–325, § 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 en-
tities 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, § 1331(b)(1)(A),
(B), added par. (3) and redesignated former pars. (3) to
(11) as (4) to (12), respectively. Former par. (12) redesig-
nated (13).
Subsec. (a)(13). Pub. L. 102–325, § 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, § 1331(b)(1)(A), redesignated par.
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 4416
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