20 U.S.C. § 196 — Concessions, fees, and voluntary services

Page 94 TITLE 20—EDUCATION § 192 sai collections at the National Arboretum may be con- structed with funds accepted under the provisions of Public Law 94–129 (20 U.S.C. 195) and the limitation on construction contained in the Act of August 24, 1912 (40 U.S.C. 68) [now 40 U.S.C. 8106] shall not apply to the construction of such facilities’’. Similar provisions were contained in the following prior appropriations acts: Pub. L. 102–341, title I, Aug. 14, 1992, 106 Stat. 878. Pub. L. 102–142, title I, Oct. 28, 1991, 105 Stat. 883. Pub. L. 101–506, title I, Nov. 5, 1990, 104 Stat. 1320. Pub. L. 101–161, title I, Nov. 21, 1989, 103 Stat. 956. Pub. L. 100–460, title I, Oct. 1, 1988, 102 Stat. 2234. Pub. L. 100–202, § 101(k) [title I], Dec. 22, 1987, 101 Stat. 1329–322, 1329–327. Pub. L. 99–500, § 101(a) [title I], Oct. 18, 1986, 100 Stat. 1783, 1783–5, and Pub. L. 99–591, § 101(a) [title I], Oct. 30, 1986, 100 Stat. 3341, 3341–5. Executive Documents TRANSFER OF FUNCTIONS Functions of all officers, agencies and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Or- ganization and Employees. DELEGATION OF FUNCTIONS Authority of President under this section to transfer to jurisdiction of Secretary of Agriculture for purposes of this chapter any land belonging to United States within or adjacent to District of Columbia located along Anacostia River north of Benning Bridge dele- gated to Administrator of General Services, see section 1(18) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The Presi- dent. § 192. Omitted Editorial Notes CODIFICATION Section, act Mar. 4, 1927, ch. 505, § 2, 44 Stat. 1422, au- thorized appropriation of $300,000 to be expended for ac- quisition of land specified in section 191 of this title. § 193. Administration of arboretum In order to stimulate research and discovery the national arboretum established by the Sec- retary of Agriculture in accordance with the provisions of this chapter shall be under com- petent scientific direction. The arboretum shall be administered by the Secretary of Agriculture separately from the agricultural, horticultural, and forestry stations of the Department of Agri- culture, but it shall be so correlated with them as to bring about the most effective utilization of its facilities and discoveries. (Mar. 4, 1927, ch. 505, § 3, 44 Stat. 1422.) § 194. Advisory council The Secretary of Agriculture is authorized to create an advisory council in relation to the plan and development of the national arboretum to be established under this chapter, to include representatives of national organizations inter- ested in the work of the arboretum. (Mar. 4, 1927, ch. 505, § 4, 44 Stat. 1422.) Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COUNCILS Advisory councils in existence on Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod following Jan. 5, 1973, unless, in the case of a coun- cil established by the President or an officer of the Federal Government, such council is renewed by appro- priate action prior to the expiration of such 2-year pe- riod, or in the case of a council established by the Con- gress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organi- zation and Employees. § 195. Gifts, bequests, or devises for benefit of Na- tional Arboretum; separate fund in the Treasury Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to so- licit, accept, receive, hold, utilize, and admin- ister on behalf of the United States gifts, be- quests, or devises of real and personal property made for the benefit of the National Arboretum or for the carrying out of any of its functions. For the purposes of the Federal income, estate, and gift tax laws, property accepted under the authority of this section shall be considered as a gift, bequest, or devise to the United States. Any gift of money accepted pursuant to the au- thority granted in this section, or the net pro- ceeds from the liquidation of any property so ac- cepted, or the proceeds of any insurance on any gift property not used for its restoration shall be deposited in the Treasury of the United States for credit to a separate fund and shall be dis- bursed upon order of the Secretary of Agri- culture. (Mar. 4, 1927, ch. 505, § 5, as added Pub. L. 94–129, Nov. 13, 1975, 89 Stat. 683; amended Pub. L. 104–127, title VIII, § 890(a), Apr. 4, 1996, 110 Stat. 1181.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 inserted ‘‘solicit,’’ after ‘‘author- ized to’’ in first sentence. § 196. Concessions, fees, and voluntary services (a) In general Notwithstanding chapters 1 to 11 and section 1302 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary of Agri- culture, in furtherance of the mission of the Na- tional Arboretum, may— (1) negotiate concessions and agreements for the National Arboretum with nonprofit sci- entific or educational organizations, the inter- ests of which are complementary to the mis- sion of the National Arboretum, or nonprofit organizations that support the purpose of the National Arboretum, except that the net pro- ceeds of the organizations from the conces- sions or agreements, as applicable, shall be used exclusively for— (A) the research and educational work for the benefit of the National Arboretum; and (B) the operation and maintenance of the facilities of the National Arboretum, includ- ing enhancements, upgrades, restoration, and conservation; (2) provide by concession, on such terms as the Secretary of Agriculture considers appro- priate and necessary, for commercial services Page 95 TITLE 20—EDUCATION § 197 for food, drink, and nursery sales, if an agree- ment for a permanent concession under this paragraph is negotiated with a qualified per- son submitting a proposal after due consider- ation of all proposals received after the Sec- retary of Agriculture provides reasonable pub- lic notice of the intent of the Secretary to enter into such an agreement; (3) dispose of excess property, including ex- cess plants and fish, in a manner designed to maximize revenue from any sale of the prop- erty, including by way of public auction, ex- cept that this paragraph shall not apply to the free dissemination of new varieties of seeds and germ plasm in accordance with section 2201 of title 7; (4) charge such fees as the Secretary of Agri- culture considers reasonable for temporary use by individuals or groups of National Arbo- retum facilities and grounds for any purpose consistent with the mission of the National Arboretum; (5) charge such fees as the Secretary of Agri- culture considers reasonable for the use of the National Arboretum for commercial photog- raphy or cinematography; (6) publish, in print and electronically and without regard to laws relating to printing by the Federal Government, informational bro- chures, books, and other publications con- cerning the National Arboretum or the collec- tions of the Arboretum; and (7) license use of the National Arboretum name and logo for public service or commer- cial uses. (b) Use of funds Any funds received or collected by the Sec- retary of Agriculture as a result of activities de- scribed in subsection (a) shall be retained in a special fund in the Treasury. Amounts in the special fund shall be available to the Secretary of Agriculture, without further appropriation, for the use and benefit of the National Arbo- retum as the Secretary of Agriculture considers appropriate. (c) Acceptance of voluntary services The Secretary of Agriculture may accept the voluntary services of organizations described in subsection (a)(1), and the voluntary services of individuals (including employees of the National Arboretum), for the benefit of the National Ar- boretum. (d) Recognition of donors A nonprofit organization that entered into a concession or agreement under subsection (a)(1) may recognize donors if that recognition is ap- proved in advance by the Secretary of Agri- culture. In considering whether to approve such recognition, the Secretary shall broadly exercise the discretion of the Secretary to the fullest ex- tent allowed under Federal law. (Mar. 4, 1927, ch. 505, § 6, as added Pub. L. 104–127, title VIII, § 890(b), Apr. 4, 1996, 110 Stat. 1181; amended Pub. L. 105–185, title VI, § 601(b), June 23, 1998, 112 Stat. 585; Pub. L. 113–79, title VII, § 7602, Feb. 7, 2014, 128 Stat. 911.) Editorial Notes CODIFICATION In subsec. (a), ‘‘chapters 1 to 11 and section 1302 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ substituted for ‘‘the Federal Property and Administra- tive Services Act of 1949 (40 U.S.C. 471 et seq.) and sec- tion 321 of the Act of June 30, 1932 (40 U.S.C. 303b)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2014—Subsec. (a)(1). Pub. L. 113–79, § 7602(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘negotiate agreements granting concessions at the Na- tional Arboretum to nonprofit scientific or educational organizations the interests of which are complemen- tary to the mission of the National Arboretum, except that the net proceeds of the organizations from the concessions shall be used exclusively for research and educational work for the benefit of the National Arbo- retum;’’. Subsec. (d). Pub. L. 113–79, § 7602(2), added subsec. (d). 1998—Subsec. (b). Pub. L. 105–185 substituted ‘‘Treas- ury. Amounts in the special fund shall be available to the Secretary of Agriculture, without further appro- priation,’’ for ‘‘Treasury’’. § 197. Construction of Chinese Garden at the Na- tional Arboretum A Chinese Garden may be constructed at the National Arboretum established under this chapter with— (1) funds accepted under section 195 of this title; (2) authorities provided to the Secretary of Agriculture under section 196 of this title; and (3) appropriations provided for this purpose. (Mar. 4, 1927, ch. 505, § 7, as added Pub. L. 110–234, title VII, § 7415, May 22, 2008, 122 Stat. 1256, and Pub. L. 110–246, § 4(a), title VII, § 7415, June 18, 2008, 122 Stat. 1664, 2017.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. CHAPTER 12—FOREIGN AND EXCHANGE STUDENTS Sec. 221. Instructions of citizens from American repub- lics; Government maintained professional educational institutions. 221a. Instructions of citizens from American repub- lics; United States Military Academy; re- strictions; saving provision. 222 to 224. Repealed. 225. Fund for education of Iranian students in United States.