20 U.S.C. § 4421
Section 4421 · Transfer of functions
Amended 5 times on record
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
(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.
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.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
1992—Subsec. (b)(1). Pub. L. 102 325, §1331(f)(1), substituted “Subject to subsection (d) of this section, all personnel” for “All personnel”.
Subsec. (d)(2). Pub. L. 102 325, §1331(f)(2), substituted “monetary damages” for “monetary damage”.
1990—Subsec. (d). Pub. L. 101 644, §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, §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, §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, §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, §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 an Effective Date note under section 1201 of this title.