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Title 20 — EducationRelease 119-73not60

§4421 Transfer of Functions

Title 20 › Chapter 56— AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN CULTURE AND ART DEVELOPMENT › Subchapter I— AMERICAN INDIANS AND ALASKA NATIVES › § 4421

Last updated Apr 5, 2026|Official source

Summary

The Institute of American Indian and Alaska Native Culture and Art Development will take over the jobs and work of the Institute of American Indian Arts that was set up in 1962. The Office of Management and Budget will decide which staff, debts, contracts, land (including the museum collections at the Santa Fe Indian School but not the museum building), equipment, money, and records are mainly used for that work and move them to the new Institute. Staff transfers must follow transfer rules and cannot be lowered in job grade or pay for one year. Existing laws and rules for the old Institute still apply when they fit, and legal mentions of the old Institute or its officers now mean the new Institute or its officers. The new Institute must pay for obligations it took on after June 2, 1988. The Secretary must pay for obligations from on or before June 2, 1988, including those that became payable within two years after that date. For federal programs, the Institute is only responsible for administrative, regulatory, or legal duties for events that happened after July 1, 1988. The United States cannot seek money or repayment for actions or failures that happened before June 2, 1988.

Full Legal Text

Title 20, §4421

Education — Source: USLM XML via OLRC

(a)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.
(b)(1)Subject to subsection (d), 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.
(c)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), 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.
(d)(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (b)(1). Pub. L. 102–325, § 1331(f)(1), substituted “Subject to subsection (d), 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.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment 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 AmendmentFor

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.

Reference

Citations & Metadata

Citation

20 U.S.C. § 4421

Title 20 — Education

Last Updated

Apr 5, 2026

Release point: 119-73not60