20 U.S.C. § 4417 — Functions of Institute

Page 1245 TITLE 20—EDUCATION § 4418 in the Institute. Except as provided in subsections (d) and (g) of this section, the enactment of this chapter shall not affect— ‘‘(1) the continued employment of any individual employed immediately before October 17, 1986, or ‘‘(2) such individual’s right to receive the com- pensation attached to such position.’’ 1992—Subsec. (b)(2). Pub. L. 102–325 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The President of the Institute shall fix the basic com- pensation for officers and employees of the Institute at rates comparable to the rates in effect under the Gen- eral Schedule for individuals with comparable quali- fications, and holding comparable positions, to whom chapter 51 of title 5 applies.’’ 1988—Subsec. (g)(1). Pub. L. 100–297 substituted ‘‘On June 30, 1989’’ for ‘‘At the end of the 2-year period be- ginning on the date referred to in section 4421(f) of this title’’. Statutory Notes and Related Subsidiaries 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. § 4417. Functions of Institute (a) Primary functions The primary functions of the Institute shall be— (1) to provide scholarly study of, and in- struction in, Indian art and culture, and (2) to establish programs which culminate in the awarding of degrees in the various fields of Indian art and culture. (b) Administrative entities (1) The Board shall be responsible for estab- lishing the policies and internal organization that relate to the control and monitoring of all subdivisions, administrative entities, and de- partments of the Institute. (2) The specific responsibilities of each sub- division, entity, and department of the Institute are solely within the discretion of the Board, or its designee. (3) The Board shall establish, within the Insti- tute, departments for the study of culture and arts and for research and exchange, and a mu- seum. The Board shall establish the areas of competency for the departments created under this paragraph, which may include (but are not limited to) Departments of Arts and Sciences, Visual Arts, Performing Arts, Language, Lit- erature and Museology and a learning resources center, programs of institutional support and development, research programs, fellowship pro- grams, seminars, publications, scholar-in-resi- dence programs and inter-institutional pro- grams of cooperation at national and inter- national levels. (c) Other programs In addition to the centers and programs de- scribed in subsection (b), the Institute shall de- velop such programs and centers as the Board determines are necessary to— (1) foster research and scholarship in Indian art and culture through— (A) resident programs; (B) cooperative programs; and (C) grant programs; (2) complement existing tribal programs for the advancement of Indian art and culture; and (3) coordinate efforts to preserve, support, revitalize, and develop evolving forms of In- dian art and culture. (Pub. L. 99–498, title XV, § 1510, Oct. 17, 1986, 100 Stat. 1606; Pub. L. 101–644, title V, § 502, Nov. 29, 1990, 104 Stat. 4668; Pub. L. 102–325, title XIII, § 1331(d), July 23, 1992, 106 Stat. 807.) Editorial Notes AMENDMENTS 1992—Subsec. (b). Pub. L. 102–325 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as fol- lows: ‘‘There shall be established within the Institute— ‘‘(1) a Center for Culture and Art Studies to be ad- ministered by a director (appointed by the President of the Institute, with the approval of the Board), which shall include (but not be limited to) Depart- ments of Arts and Sciences, Visual Arts, Performing Arts, Language, Literature, and Museology; ‘‘(2) a Center for Research and Cultural Exchange, administered by a director (appointed by the Presi- dent of the Institute, with the approval of the Board), which shall include— ‘‘(A) a learning resources center; ‘‘(B) programs of institutional support and devel- opment; ‘‘(C) research programs; ‘‘(D) fellowship programs; ‘‘(E) seminars; ‘‘(F) publications; ‘‘(G) scholar-in-residence and artist-in-residence programs; and ‘‘(H) inter-institutional programs of cooperation at national and international levels; and ‘‘(3) a Museum of American Indian and Alaska Na- tive Arts, which shall be under the direction of the President of the Institute.’’ 1990—Subsec. (b)(2). Pub. L. 101–644, § 502(1), redesig- nated subpars. (B) to (I) as (A) to (H), respectively, and struck out former subpar. (A) which related to a mu- seum of Indian arts. Subsec. (b)(3). Pub. L. 101–644, § 502(2)–(4), added par. (3). Statutory Notes and Related Subsidiaries 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. § 4418. Indian preference (a) In general Notwithstanding any other provision of Fed- eral or State law, the Institute is authorized to develop a policy or policies for the Institute to extend preference to Indians in— (1) admissions to, and enrollment in, pro- grams conducted by the Institute, (2) employment by the Institute, and (3) contracts, fellowships, and grants award- ed by the Institute. (b) Hiring preference In carrying out section 4416(b)(1) of this title, the President of the Institute shall, to the max- imum extent practicable, give preference in hir- ing to Indians.