TITLE 20-EDUCATION § 11. Annual appropriations APPROPRIATIONS UNDER VOCATIONAL EDUCATION ACT OF 1963 Pub. L. 90-576, title I, § 104, Oct. 16, 1968, 82 Stat. 1091, as amended by Pub. L. 91-230, title VII, § 709, Apr. 13, 1970, 84 Stat. 189; Pub. L. 94-482, title II, § 203(c)(1), as added Pub. L. 95-40, § 1(29), June 3, 1977, 91 Stat. 207; Pub. L. 98-524, § 4(h), Oct. 19, 1984, 98 Stat. 2489, provided that: "Funds appropriated by the first section of the Smith-Hughes Act (that is the Act approved February 23, 1917, 39 Stat. 929, as amended (20 U.S.C. 11-15, 16-28)), shall be considered as funds appropriated pursuant to section 3 of the Carl D. Perkins Vocational Education Act [20 U.S.C. 2302]." Pub. L. 94-482, title II, § 203(c)(2), as added by Pub. L. 95-40, § 1(29), June 3, 1977, 91 Stat. 207, provided that: "The amendments made by this section [amending this note and sections 817, 952, and 953 of Title 29, Labor] shall be effective on and after October 1, 1977." CHAPTER 3-SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES SUBCHAPTER I-CHARTER PROVISIONS § 50. Reception and arrangement of specimens and objects of art CHARLES MCC. MATHIAS, Jr. LABORATORY FOR Pub. L. 99-617, § 1, Nov. 6, 1986, 100 Stat. 3488, provided that: "(a) CONSTRUCTION AUTHORIZATION.-The Board of Regents of the Smithsonian Institution is authorized to construct the Charles McC. Mathias, Jr. Laboratory | for Environmental Research. "(b) LOCATION.-The Charles McC. Mathias, Jr. Laboratory for Environmental Research shall be located at the Smithsonian Environmental Research Center, a bureau of the Smithsonian Institution, located at Edgewater, Maryland. "(c) AUTHORIZATION OF APPROPRIATIONS.-Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $1,000,000 to carry out the purposes of this section. "(d) TRANSFER OF FUNDS.-Any portion of the sums appropriated to carry out the purposes of this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes." AND SMITHSONIAN ASTROPHYSICAL OBSERVATORY SMITHSONIAN TROPICAL RESEARCH INSTITUTE; AUTHORIZATIOn of ConstRUCTION AND APPROPRIATIONS Pub. L. 99-423, Sept. 30, 1986, 100 Stat. 963, provided: "That the Board of Regents of the Smithsonian Institution is authorized to plan and construct facilities for the Smithsonian Astrophysical Observatory and the Smithsonian Tropical Research Institute. "SEC. 2. Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution: "(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and "(b) $11,100,000 for the Smithsonian Tropical Research Institute. "SEC. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes." FRED LAWRENCE WHIPPLE OBSERVATORY; PURCHASE OF LAND Pub. L. 98-73, Aug. 11, 1983, 97 Stat. 406, provided: "That the Smithsonian Institution is authorized to purchase land in Santa Cruz County, Arizona, for the permanent headquarters of the Fred Lawrence Whipple Observatory. "SEC. 2. Effective October 1, 1984, there is authorized to be appropriated $150,000 to carry out the purposes of this Act." Page 135 SUBCHAPTER II-NATIONAL GALLERY OF ART 8 71. Designation of site GENERAL POST OFFICE BUILDING; TRANSFER TO SMITHSONIAN INSTITUTION FOR USE AS ART GALLERIES; RELOCATION OF UNITED STATES INTERNATIONAL TRADE COMMISSION Pub. L. 98-523, Oct. 19, 1984, 98 Stat. 2433, provided: "That at such time as it is declared to be excess property pursuant to section 2(d) of this Act, the Administrator of General Services (hereinafter in this Act referred to as the 'Administrator') is authorized to transfer to the Smithsonian Institution, in accordance with section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483), without reimbursement, and for use by the Smithsonian Institution for certain art galleries and related functions, the General Post Office Building with any attached underground structures and the site of such building, located between Seventh and Eighth Streets Northwest and E and F Streets Northwest, in the District of Columbia. "SEC. 2. (a) The Administrator, at the earliest practicable date, shall relocate all operations of the United States International Trade Commission (hereinafter in this Act referred to as the 'Commission') to a building in downtown Washington, District of Columbia. The Administrator's determination as to such relocation shall be based on studies and investigations in which the Chairman of the Commission shall have full opportunity to consult and cooperate with the Administrator. Such consultation shall include opportunity for the Chairman to participate jointly with the Administrator in surveys of available buildings and to submit views and recommendations to the Administrator with respect to space suitable for the Commission's operations. The Administrator shall advise the Chairman in writing of the building to which the operations of the Commission are to be relocated. The Administrator's determination of such relocation shall not take effect for a period of at least sixty days after the date such determination is made and the Chairman is advised of the building to which the operations of the Commission are to be relocated. In the event the Chairman disagrees with the Administrator's determination of such relocation, the Chairman, within thirty days after the Chairman is advised of the building to which the operations of the Commission are to be relocated, may make a written request for review of such determination to the Administrator, and the Administrator shall conduct a formal review of such determination. "(b) The Administrator and the Chairman shall each report separately in writing to the Committees on Environment and Public Works, Finance, Rules and Administration, and Governmental Affairs of the Senate and to the Committees on Public Works and Transportation, Ways and Means, House Administration, and Government Operations of the House of Representatives not later than sixty days after the date of enactment of this Act [Oct. 19, 1984] and every thirty days thereafter on the status of the relocation required by this section. "(c) During the period in which the Commission and the United States Postal Service continue to occupy the General Post Office Building referred to in the first section of this Act, the Administrator shall maintain such building in order to prevent its deterioration and to assure that conditions therein are safe and the building is presentable and suitable to the normal operations of the Commission and such Service. "(d) Upon accomplishment of the relocation required by subsection (a) of this section, the Administrator shall declare the property referred to in the first section of this Act to be excess property as defined in section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472). "SEC. 3. There is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $40,000,000 for fiscal years beginning after September 30, 1984, for renovation and repair, after the transfer made under the first section of this Act, of the General Post Office Building referred to in such section. Any portion of the sums appropriated under this section may be transferred to the General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such renovation and repair. No contract for such renovation or repair shall be advertised or entered into before the end of the period of thirty days of continuous session of Congress beginning on the date the Smithsonian Institution submits to the Committees on Public Works and Transportation and House Administration of the House of Representatives and the Committees on Environment and Public Works and Rules and Administration of the Senate the plans and advanced engineering and design for such renovation and repair. For purposes of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session." SUBCHAPTER V-JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS § 76h. Bureau, board of trustees, and advisory committee SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-473, title I, § 101(c), Oct. 12, 1984, 98 Stat. 1837, 1876, provided that: "The following [amending section 760 of this title] may be cited as 'The John F. Kennedy Center Act Amendments of 1984'." § 76j. Presentations, programs, facilities for activities, and memorial in honor of the late President; restriction on additional memorials (a) The Board shall (1) present classical and contemporary music, opera, drama, dance, and poetry from this and other countries, (2) present lectures and other programs, (3) develop programs for children and youth and the elderly (and for other age groups as well) in such arts designed specifically for their participation, education, and recreation, (4) provide facilities for other civic activities at the John F. Kennedy Center for the Performing Arts, (5) provide within the John F. Kennedy Center for the Performing Arts a suitable memorial in honor of the late President. (b)(1) Except as provided in paragraph (2) of this subsection, the Board shall assure that after December 2, 1983, no additional memorials or plaques in the nature of memorials shall be designated or installed in the public areas of the John F. Kennedy Center for the Performing Arts. (2) Paragraph (1) of this subsection shall not apply to (A) any plaque acknowledging a gift from a foreign country; (B) any plaque on a theater chair or a theater box acknowledging the gift of such chair or box; and (C) any inscription on the marble walls in the north or south galleries, the Hall of States, or the Hall of Nations acknowledging a major contribution; which plaque or inscription is permitted under policies of the Board in effect on December 2, 1983. (3) For purposes of this subsection, testimonials and benefit performances shall not be construed to be memorials. (Pub. L. 85-874, § 4, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88-260, § 1(3), Jan. 23, 1964, 78 Stat. 4; Pub. L. 98-205, § 4, Dec. 2, 1983, 97 Stat. 1388.) AMENDMENTS 1983-Pub. L. 98-205 designated existing provisions as subsec. (a) and added subsec. (b). § 76m. Termination of provisions, offices, and appointments [See main edition for text] (As amended Pub. L. 99-514, § 2, Oct. 22, 1986, 100 Stat. 2095.) AMENDMENTS 1986-Subsec. (b). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. § 760. Borrowing authority to finance parking facilities (a) Revenue bonds To finance necessary parking facilities for the Center, the Board may issue revenue bonds to the Secretary of the Treasury payable from revenues accruing to the Board. The total face value of all bonds so issued shall not be greater than $20,400,000. Such obligations shall have maturities agreed upon by the Board and the Secretary of the Treasury but not in excess of fifty years. Such obligations may be redeemable at the option of the Board before maturity in such manner as may be stipulated in such obligations, but the obligations thus redeemed shall not be refinanced by the Board. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Board to be issued under this section and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31 and the purposes for which securities may be issued under chapter 31 of title 31 are extended to include any purchases of the Board's obligations under this section. (b) Interest Effective as of October 12, 1984, the obligations of the Board incurred under subsection (a) of this section shall bear no interest, and the requirement of the Board to pay the unpaid interest which has accrued on such obligations is terminated. (c) Kennedy Center Revenue Bond Sinking Fund There is hereby established in the Treasury of the United States a sinking fund, the Kennedy Center Revenue Bond Sinking Fund (hereinafter referred to as the "Fund"), which shall be used to retire the obligations of the Board incurred under subsection (a) of this section upon the respective maturities of such obligations. The Board shall pay into the Fund, beginning on January 1, 1987 and ending on January 1, 2016, the annual sum of $200,000 in amortization of the principal amount of the obligations. Such sums shall be invested by the Secretary of the Treasury in public debt securities with maturities suitable for the needs of the Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities. The interest on such investments shall be credited to and form a part of the Fund. Moneys in the Fund shall be used exclusively to retire the obligations of the Board incurred under subsection (a) of this section. Adjustments of not greater than plus or minus 5 per centum may be made from time to time in the annual payments to the Fund in order to correct any gains or deficiencies as a result of fluctuations in interest rates over the life of the investments: Provided, however, That a final adjustment shall be made between the Board and the Secretary of the Treasury at the end of the amortization period to correct any overall gain or deficiency in the Fund. The terms of this adjustment shall be covered by a memorandum of understanding between the Board and the Secretary of the Treasury to be consummated on or before the time the initial payment into the Fund is made. (As amended Pub. L. 98-473, title I, § 101(c), Oct. 12, 1984, 98 Stat. 1837, 1876.) AMENDMENTS 1984-Pub. L. 98-473 designated existing provisions as subsec. (a), struck out provisions relating to interest on bonds, and added subsecs. (b) and (c). SUBCHAPTER IX-CANAL ZONE BIOLOGICAL AREA § 79d. Deposit of receipts into Treasury; disbursements All moneys received by donation, subscription, fees, or otherwise, except the moneys appropriated pursuant to section 79e of this title, for carrying out the purposes of this subchapter shall be deposited into the Treasury as trust funds and are appropriated for such purposes. Disbursements of such funds shall be made by the Secretary of the Treasury through the Fiscal Service on requisitions or vouchers signed by or on authority of the Smithsonian Institution. (July 2, 1940, ch. 516, § 6, 54 Stat. 725; 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.) TRANSFER OF FUNCTIONS The Division of Disbursements in the Treasury Department was consolidated in the Fiscal Service of that Department by Reorg. Plan No. III of 1940, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees. See section 306 of Title 31, Money and Finance. § 79e. Authorization of appropriations There are authorized to be appropriated annually, from money in the Treasury of the United States not otherwise appropriated, such sums as are necessary for the administration of this subchapter and for the maintenance of laboratory or other facilities provided for carrying out the purposes of this subchapter. (July 2, 1940, ch. 516, § 7, 54 Stat. 725; Oct. 20, 1965, Pub. L. 89-280, § 1, 79 Stat. 1012; Oct. 19, 1979, Pub. L. 96-89, § 1, 93 Stat. 697; July 22, 1983, Pub. L. 98-57, § 1, 97 Stat. 293.) AMENDMENTS 1983-Pub. L. 98-57 struck out ", not to exceed $750,000" after “such sums". EFFECTIVE DATE OF 1983 AMENDMENT Section 2 of Pub. L. 98-57 provided that: "The provision in the first section of this Act [amending this section] shall take effect on October 1, 1983." CHAPTER 6-AMERICAN PRINTING HOUSE FOR THE BLIND § 101. Permanent trust fund; annual appropriations LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1982, 1983, AND 1984 Pub. L. 97-35, title VI, § 605(a), Aug. 13, 1981, 95 Stat. 485, as amended by Pub. L. 98-199, § 16(b), Dec. 2, 1983, 97 Stat. 1374, provided that: "The total amount of appropriations to carry out the Act of March 3, 1979 [1879] (20 Stat. 468) [this chapter], relating to the American Printing House for the Blind, shall not exceed $5,000,000 for each of the fiscal years 1982 and 1983, and $5,500,000 for fiscal year 1984." Sec. 130aa-3. Withdrawals and expenditures. (a) Defrayment of expenses; restrictions on use of income or corpus; limits on withdrawals or expenditures. (b) Authority of Secretary; withdrawal or expenditure beyond limits; circumstances demonstrating necessi ty. (c) Repayment of Federal share of 130aa-4. Enforcement. SUBCHAPTER I-GENERAL PROVISIONS CODIFICATION Sections 121 to 130 of this title have been editorially designated as subchapter I of this chapter. § 123. Annual appropriations; inspection by Secretary of Education Annual appropriations are authorized to aid in the construction, development, improvement, endowment, and maintenance of the university, no part of which shall be used for religious instruction. The university shall at all times be open to inspection by the Secretary of Education and shall be inspected by the said Secretary at least once each year. (As amended Oct. 17, 1984, Pub. L. 98-480, title II, § 208, 98 Stat. 2247.) AMENDMENTS 1984-Pub. L. 98-480 inserted "endowment," after "improvement,". EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-480 effective Oct. 1, 1984, see section 209 of Pub. L. 98-480, set out as an Effective Date note under section 130aa of this title. LIMITATION ON AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1982, 1983, AND 1984 Pub. L. 97-35, title V, § 503, Aug. 13, 1981, 95 Stat. 442, as amended by Pub. L. 98-95, § 4(b), Sept. 26, 1983, 97 Stat. 711, provided that: "The total amount of appropriations to carry out the Act of March 2, 1867 (14 Stat. 439) [only section 8 of that Act (this section) is classified to the Code], shall not exceed $145,200,000 for each of the fiscal years 1982 and 1983 and $159,700,000 for fiscal year 1984." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1063 of this title. § 125. Employees of hospital [See main edition for text] (As amended Pub. L. 99-514, § 2, Oct. 22, 1986, 100 Stat. 2095.) AMENDMENTS 1986-Subsec. (c). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. § 130. Purchases through the General Services Administration CODIFICATION Section is from the Second Supplemental Appropriations Act, 1978, and contained additional provisions relating to purchases by the American Printing House for the Blind, Gallaudet University, and the National Technical Institute for the Deaf, which are set out in sections 106 and 4362 of this title. SUBCHAPTER II-ENDOWMENT § 130aa. Definitions For purposes of this subchapter (1) the term "endowment fund" means a fund, or a tax exempt foundation, established and maintained by Howard University for the purpose of generating income for its support, but which shall not include real estate; (2) the term "endowment fund corpus" means an amount equal to the grants awarded under this subchapter plus an amount equal to such grants provided by Howard University; (3) the term "endowment fund income" means an amount equal to the total value of the endowment fund established under this subchapter minus the endowment fund corpus; (4) the term "Secretary" means the Secretary of Education; and (5) the term "University" means the Howard University established by the Act of March 2, 1867. (Pub. L. 98-480, title II, § 202, Oct. 17, 1984, 98 Stat. 2245.) REFERENCES IN TEXT The Act of March 2, 1867, referred to in par. (5), is act Mar. 2, 1867, ch. 162, 14 Stat. 438, as amended. Section 8 of this Act is classified to section 123 of this title. For complete classification of this Act to the Code, see Tables. EFFECTIVE DATE Section 209 of title II of Pub. L. 98-480 provided that: "This title [enacting this subchapter, amending section 123 of this title, and enacting provisions set out as a note under this section] shall take effect on October 1, 1984." SHORT TITLE Section 201 of title II of Pub. L. 98-480 provided that: "This title [enacting this subchapter, amending section 123 of this title, and enacting provisions set out as a note under this section] may be cited as the 'Howard University Endowment Act'." § 130aa-1. Program authorized (a) The Secretary is authorized to establish an endowment program, in accordance with the provisions of this subchapter, for the purpose of establishing or increasing endowment funds, providing additional incentives to promote fundraising activities, and encouraging independence and self-sufficiency at the University. (b)(1) From the funds appropriated pursuant to this subchapter for endowments in any fiscal year for the University, the Secretary is authorized to make grants to Howard University. The Secretary may enter into agreements with the University and include in any agreement made pursuant to this subchapter such provisions deemed necessary by the Secretary to assure that the purposes of this subchapter will be achieved. (2) The University may receive a grant under this section only if it has deposited in the endowment fund established under this subchapter an amount equal to such grant and has adequately assured the Secretary that it will administer the endowment fund in accordance with the requirements of this subchapter. The source of funds for this institutional match shall not include Federal funds or funds derived from an existing endowment fund. (3) The period of any grant under this section shall not exceed twenty years, and during such period the University shall not withdraw or expend any of its endowment fund corpus. Upon the expiration of any grant period, the University may use the endowment fund corpus plus any endowment fund income for any educational purpose. (Pub. L. 98-480, title II, § 203, Oct. 17, 1984, 98 Stat. 2245.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 130aa-5 of this title. § 130aa-2. Investments (a) The University shall invest its endowment fund corpus and endowment fund income in those low-risk instruments and securities in which a regulated insurance company may invest under the law of the District of Columbia, such as federally insured bank savings account or comparable interest bearing account, certificate of deposit, money market fund, mutual fund, or obligations of the United States. (b) The University, in investing its endowment fund corpus and income, shall exercise the judgment and care, under circumstances then prevailing, which a person of prudence, discretion, and intelligence would exercise in the management of his own business affairs. (Pub. L. 98-480, title II, § 204, Oct. 17, 1984, 98 Stat. 2246.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 130aa-4 of this title. § 130aa-3. Withdrawals and expenditures (a) Defrayment of expenses; restrictions on use of income or corpus; limits on withdrawals or expenditures The University may withdraw and expend its endowment fund income to defray any expenses necessary to its operation, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, technical assistance, and research. No endowment fund income or corpus may be used for any type of support of the executive officers of the University or for any commercial enterprise or endeavor entered |