20 U.S.C. § 4451 — Authorization of appropriations

Page 1251 TITLE 20—EDUCATION § 4451 1 See References in Text note below. governing board which is required to be estab- lished under paragraph (1) shall— (A) include Alaska Natives and individuals widely recognized in the field of Alaska Native art and culture, (B) represent the Eskimo, Indian and Aleut cultures of Alaska, and (C) serve for a fixed term. (Pub. L. 99–498, title XV, § 1521, Oct. 17, 1986, 100 Stat. 1610; Pub. L. 103–239, title VII, § 722(2), May 4, 1994, 108 Stat. 606.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–239 amended section generally, sub- stituting provisions relating to development program for Native Hawaiian and Alaska Native culture and arts for provisions relating to development program for Native Hawaiian culture and arts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–239, § 801, May 4, 1994, 108 Stat. 607, pro- vided that: ‘‘This Act [see Short Title note set out under section 6101 of this title] shall take effect on the date of enactment of this Act [May 4, 1994].’’ § 4442. Administrative provisions (a) Payments The Secretary may award grants under this subchapter in installments, in advance, or by way of reimbursement and may make necessary adjustments in payments of grants on account of overpayments or underpayments. (b) Recovery of overpayments (1) If the Secretary or a court of competent ju- risdiction finds that— (A) any person— (i) has— (I) made, or has caused to be made by an- other, a false statement or representation of a material fact knowing it to be false, or (II) knowingly failed, or caused another to fail, to disclose a material fact; and (ii) as a result of such action, has received any funds under this subchapter which such person would not have otherwise received, or (B) any person misappropriates any funds paid by the Secretary under this subchapter, such person shall be liable to repay the amount of such funds to the United States. Any such finding by the Secretary may be made only after an opportunity for a fair hearing. (2) Any amount repaid under this subsection shall be returned to the general fund of the Treasury of the United States. (c) Penalties Whoever— (1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for such person or for any other person any payment of funds pro- vided under this subchapter, or (2) misappropriates any funds provided under this subchapter, shall be fined not more than $1,000 or imprisoned for not more than one year, or both. (Pub. L. 99–498, title XV, § 1522, Oct. 17, 1986, 100 Stat. 1611.) SUBCHAPTER III—AUTHORIZATION OF APPROPRIATIONS § 4451. Authorization of appropriations (a) Subchapter I (1) There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the provisions of subchapter I. (2) Funds appropriated under the authority of paragraph (1) shall remain available without fis- cal year limitation. (3) Except as provided for amounts subject to section 4425(d) 1 of this title, amounts appro- priated under the authority of this subsection for fiscal year 1989, and for each succeeding fis- cal year, shall be paid to the Institute at the later of— (A) the beginning of the fiscal year, or (B) upon enactment of such appropriation. (4) Funds appropriated under this subsection for the fiscal year 1992 and for each succeeding fiscal year shall be transferred by the Secretary of the Treasury through the most expeditious method available with the Institute being des- ignated as its own certifying agency. (5) Funds are authorized to be appropriated for programs for more than one fiscal year. For the purpose of affording adequate notice of funding available under this chapter,1 amounts appro- priated in an appropriations Act for any fiscal year to carry out this chapter 1 may, subject to the appropriation, become available for obliga- tions on July 1 of that fiscal year. (b) Subchapter II There are authorized to be appropriated for the purpose of carrying out the provisions of subchapter II of this chapter— (1) for fiscal year 1987, $1,000,000, and (2) for each succeeding fiscal year, such sums as may be necessary to carry out such provi- sions. (Pub. L. 99–498, title XV, § 1531, Oct. 17, 1986, 100 Stat. 1612; Pub. L. 100–297, title V, § 5406(c), Apr. 28, 1988, 102 Stat. 418; Pub. L. 101–644, title V, § 506, Nov. 29, 1990, 104 Stat. 4672.) Editorial Notes REFERENCES IN TEXT Section 4425 of this title, referred to in subsec. (a)(3), was amended generally by Pub. L. 101–644, title V, § 505, Nov. 29, 1990, 104 Stat. 4669, and, as so amended, provi- sions similar to subsec. (d) are contained in subsec. (a)(4). This chapter, referred to in subsec. (a)(5), was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’, meaning title XV of Pub. L. 99–498 to reflect the probable intent of Congress. AMENDMENTS 1990—Subsec. (a)(4), (5). Pub. L. 101–644 added pars. (4) and (5). 1988—Subsec. (a). Pub. L. 100–297 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- Page 1252 TITLE 20—EDUCATION § 4501 lows: ‘‘There are authorized to be appropriated for the purpose of carrying out the provisions of subchapter I of this chapter— ‘‘(1) for fiscal year 1987, $4,000,000, and ‘‘(2) for each succeeding fiscal year, such sums as may be necessary to carry out such provisions.’’ Statutory Notes and Related Subsidiaries 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. CHAPTER 57—JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM Sec. 4501. Purpose. 4502. Foundation. 4503. Fellowship recipients. 4504. Period for award. 4505. Recipient’s choice of institution. 4506. Recipient’s eligibility. 4507. Selection of fellowship recipients. 4508. Amount of fellowships. 4509. Fellowship conditions. 4510. James Madison Memorial Fellowship Trust Fund. 4511. Expenditures and audit. 4512. President and Executive Secretary of Foun- dation. 4513. Administrative provisions. 4514. Definitions. 4515. Appropriations. 4516. Constitutional Law Resource Centers. 4517. Appropriations for universities. § 4501. Purpose It is the purpose of this chapter to establish the James Madison Fellowship Program which is designed to encourage graduate study of the American Constitution, its roots, its formation, its principles, and its development. (Pub. L. 99–500, § 101(b) [title VIII, § 802], Oct. 18, 1986, 100 Stat. 1783–39, 1783–76, and Pub. L. 99–591, § 101(b) [title VIII, § 802], Oct. 30, 1986, 100 Stat. 3341–39, 3341–76.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 99–500, § 101(b) [title VIII, § 801], Oct. 18, 1986, 100 Stat. 1783–39, 1783–76, and Pub. L. 99–591, § 101(b) [title VIII, § 801], Oct. 30, 1986, 100 Stat. 3341–39, 3341–76, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘James Madison Memorial Fellowship Act’.’’ § 4502. Foundation (a) Establishment In order to commemorate the bicentennial of the Constitution, there is established, as an independent establishment of the executive branch, the James Madison Memorial Fellow- ship Foundation. (b) Board of Trustees; membership; term of office (1) The Foundation shall be subject to the su- pervision and direction of a Board of Trustees. The Board shall be composed of thirteen mem- bers, as follows: (A) Two Members of the Senate, of different political parties, shall be appointed by the President upon the recommendation of the President pro tempore of the Senate, in con- sultation with the Majority Leader and Minor- ity Leader of the Senate. (B) Two Members of the House of Represent- atives, of different political parties, shall be appointed by the President upon the rec- ommendation of the Speaker of the House, in consultation with the Minority Leader of the House of Representatives. (C) Two members of the Federal judiciary shall be appointed by the President upon the recommendation of the Chief Justice of the United States. (D) Six members, not more than three of whom shall be of the same political party, shall be appointed by the President with the advice and consent of the Senate, of whom one shall be a chief executive officer of a State, two shall be members of the general public, and three shall be members of the academic community, appointed upon the recommenda- tion of the Librarian of Congress. (E) The Secretary of Education or his des- ignate shall serve ex officio as a member of the Board, but shall not be eligible to serve as Chairman. (2) The term of office of each member of the Board shall be six years; except that (A) the members first taking office shall serve as des- ignated by the President, four for terms of two years, five for terms of four years, and four for terms of six years, and (B) any member ap- pointed to fill a vacancy shall serve for the re- mainder of the term for which his predecessor was appointed, and shall be appointed in the same manner as the original appointment for that vacancy was made. This provision shall not apply to members ex officio. (3) A member of the Board whose term has ex- pired may continue to serve until the earlier of— (A) the date on which a successor has taken office; or (B) the date on which the Congress adjourns sine die to end the session of Congress that commences after the date on which the mem- ber’s term expired. (c) Officers Members of the Board shall elect from the members of the Board a Chairman and such other officers as may be necessary to carry out the duties of the Foundation. (d) Reimbursement for expenses (1) Subject to paragraph (2), members of the Board shall serve without pay. (2) Members of the Board and the President, Executive Secretary, and other personnel of the Foundation shall be entitled to reimbursement for travel, subsistence, and other necessary ex- penses incurred in the performance of their du- ties at rates applicable to judges of the United States under section 456(a) of title 28. (Pub. L. 99–500, § 101(b) [title VIII, § 803], Oct. 18, 1986, 100 Stat. 1783–39, 1783–76, and Pub. L. 99–591,