Title 20, EducationRelease 119-110
§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
Summary
The Institute of American Indian Arts created in 1962 is moved into and must be run by the Institute of American Indian and Alaska Native Culture and Art Development. The OMB Director will decide which people, debts, contracts, land, museum collections at the Santa Fe Indian School site (but not the museum building), equipment, money, and records mainly belong to the work being moved, and those items will go to the new Institute. Workers moved must follow transfer rules, and they cannot lose job grade or pay for one year after the move. Existing laws and rules about the old Institute still apply if they fit. The Institute must pay obligations it took on after June 2, 1988. The Secretary must pay obligations from on or before June 2, 1988, including amounts due within two years after that date. The Institute is only responsible for administrative or reporting duties for events after July 1, 1988. The United States cannot seek money for failures that happened before June 2, 1988.
Full Legal Text
Title 20, §4421
Education, Source: USLM XML via OLRC
(a)Institute of American Indian Arts
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)Certain matters relating to transferred functions
(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)References in other laws
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)Forgiveness of amounts owed; hold harmless
(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
Sep 22, 2026
Release point: 119-110