dreamproit/uscode huggingface dataset:
20 U.S.C. § 80q (EDUCATION)
§ 80q. Findings
The Congress finds that—
(1) there is no national museum devoted exclusively to the history and art of cultures indigenous to the Americas;
(2) although the Smithsonian Institution sponsors extensive Native American programs, none of its 19 museums, galleries, and major research facilities is devoted exclusively to Native American history and art;
(3) the Heye Museum in New York, New York, one of the largest Native American collections in the world, has more than 1,000,000 art objects and artifacts and a library of 40,000 volumes relating to the archaeology, ethnology, and history of Native American peoples;
(4) the Heye Museum is housed in facilities with a total area of 90,000 square feet, but requires a minimum of 400,000 square feet for exhibition, storage, and scholarly research;
(5) the bringing together of the Heye Museum collection and the Native American collection of the Smithsonian Institution would—
(A) create a national institution with un­rivaled capability for exhibition and research;
(B) give all Americans the opportunity to learn of the cultural legacy, historic grandeur, and contemporary culture of Native Americans;
(C) provide facilities for scholarly meetings and the performing arts;
(D) make available curatorial and other learning opportunities for Indians; and
(E) make possible traveling exhibitions to communities throughout the Nation;
(6) by order of the Surgeon General of the Army, approximately 4,000 Indian human remains from battlefields and burial sites were sent to the Army Medical Museum and were later transferred to the Smithsonian Institution;
(7) through archaeological excavations, individual donations, and museum donations, the Smithsonian Institution has acquired approximately 14,000 additional Indian human remains;
(8) the human remains referred to in paragraphs (6) and (7) have long been a matter of concern for many Indian tribes, including Alaska Native Villages, and Native Hawaiian communities which are determined to provide an appropriate resting place for their ancestors;
(9) identification of the origins of such human remains is essential to addressing that concern; and
(10) an extraordinary site on the National Mall in the District of Columbia (U.S. Government Reservation No. 6) is reserved for the use of the Smithsonian Institution and is available for construction of the National Museum of the American Indian.
(Pub. L. 101–185, § 2, Nov. 28, 1989, 103 Stat. 1336.)
heading: Short Title of 1996 Amendment
text: Pub. L. 104–278, § 1(a), Oct. 9, 1996, 110 Stat. 3355, provided that: “This Act [enacting section 80q–9a of this title and amending sections 80q–3, 80q–9, and 80q–10 of this title] may be cited as the ‘National Museum of the American Indian Act Amendments of 1996’.”
heading: Short Title
text: Pub. L. 101–185, § 1, Nov. 28, 1989, 103 Stat. 1336, provided that: “This Act [enacting this subchapter] may be cited as the ‘National Museum of the American Indian Act’.”
20 U.S.C. § 80q–1 (EDUCATION)
§ 80q–1. National Museum of the American Indian
(a) Establishment
There is established, within the Smithsonian Institution, a living memorial to Native Americans and their traditions which shall be known as the “National Museum of the American Indian”.
(b) Purposes
The purposes of the National Museum are to—
(1) advance the study of Native Americans, including the study of language, literature, history, art, anthropology, and life;
(2) collect, preserve, and exhibit Native American objects of artistic, historical, literary, anthropological, and scientific interest;
(3) provide for Native American research and study programs; and
(4) provide for the means of carrying out paragraphs (1), (2), and (3) in the District of Columbia, the State of New York, and other appropriate locations.
(Pub. L. 101–185, § 3, Nov. 28, 1989, 103 Stat. 1337.)
20 U.S.C. § 80q–2 (EDUCATION)
§ 80q–2. Authority of Board of Regents to enter into agreement providing for transfer of Heye Foundation assets to Smithsonian Institution
The Board of Regents is authorized to enter into an agreement with the Heye Foundation, to provide for the transfer to the Smithsonian Institution of title to the Heye Foundation assets. The agreement shall—
(1) require that the use of the assets be consistent with section 80q–1(b) of this title; and
(2) be governed by, and construed in accordance with, the law of the State of New York.
The United States District Court for the Southern District of New York shall have original and exclusive jurisdiction over any cause of action arising under the agreement.
(Pub. L. 101–185, § 4, Nov. 28, 1989, 103 Stat. 1337.)
20 U.S.C. § 80q–4 (EDUCATION)
§ 80q–4. Director and staff of National Museum
(a) In general
The Secretary of the Smithsonian Institution shall appoint—
(1) a Director who, subject to the policies of the Board of Trustees, shall manage the National Museum; and
(2) other employees of the National Museum, to serve under the Director.
(b) Offer of employment to Heye Foundation employees
Each employee of the Heye Museum on the day before the date of the transfer of the Heye Foundation assets to the Smithsonian Institution shall be offered employment with the Smithsonian Institution—
(1) under the usual terms of such employment; and
(2) at a rate of pay not less than the rate applicable to the employee on the day before the date of the transfer.
(c) Applicability of certain civil service laws
The Secretary may—
(1) appoint the Director, 2 employees under subsection (a)(2) of this section, and the employees under subsection (b) of this section without regard to the provisions of title 5, governing appointments in the competitive service;
(2) fix the pay of the Director and such 2 employees without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates; and
(3) fix the pay of the employees under subsection (b) of this section in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, subject to subsection (b)(2) of this section.
(Pub. L. 101–185, § 6, Nov. 28, 1989, 103 Stat. 1339.)
20 U.S.C. § 80q–6 (EDUCATION)
§ 80q–6. Custom House office space and auditorium
(a) Repairs and alterations
The Administrator of General Services shall make such repairs and alterations as may be necessary in the portion of the Old United States Custom House at One Bowling Green, New York, New York, which is not leased to the Board of Regents under section 80q–5(b) of this title and which, as of November 28, 1989, has not been altered.
(b) Authorization of appropriation
There is authorized to be appropriated to the Administrator of General Services $25,000,000 from the fund established pursuant to section 592 of title 40 to carry out this section and section 80q–5(b)(2)(B) of this title.
(Pub. L. 101–185, § 8, Nov. 28, 1989, 103 Stat. 1341.)
heading: Codification
text: “Section 592 of title 40” substituted in subsec. (b) for “section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f))” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
20 U.S.C. § 80q–7 (EDUCATION)
§ 80q–7. Audubon Terrace
(a) In general
The Board of Regents shall—
(1) assure that, on the date on which a qualified successor to the Heye Foundation at Audubon Terrace first takes possession of Audubon Terrace, an area of at least 2,000 square feet at that facility is accessible to the public and physically suitable for exhibition of museum objects and for related exhibition activities;
(2) upon written agreement between the Board and any qualified successor, lend objects from the collections of the Smithsonian Institution to the successor for exhibition at Audubon Terrace; and
(3) upon written agreement between the Board and any qualified successor, provide training, scholarship, technical, and other assistance (other than operating funds) with respect to the area referred to in paragraph (1) for the purposes described in that paragraph.
(b) Determination of charges
Any charge by the Board of Regents for activities pursuant to agreements under paragraph (2) or (3) of subsection (a) of this section shall be determined according to the ability of the successor to pay.
(c) Definition
As used in this section, the terms “qualified successor to the Heye Foundation at Audubon Terrace”, “qualified successor”, and,1 “successor” mean an organization described in section 501(c)(3) of title 26, and exempt from tax under section 501(a) of title 26, that, as determined by the Board of Regents—
(1) is a successor occupant to the Heye Foundation at Audubon Terrace, 3753 Broadway, New York, New York;
(2) is qualified to operate the area referred to in paragraph (1) for the purposes described in that paragraph; and
(3) is committed to making a good faith effort to respond to community cultural interests in such operation.
(Pub. L. 101–185, § 9, Nov. 28, 1989, 103 Stat. 1342.)
20 U.S.C. § 80q–8 (EDUCATION)
§ 80q–8. Board of Regents functions with respect to certain agreements and programs
(a) Priority to be given to Indian organizations with respect to certain agreements
In entering into agreements with museums and other educational and cultural organizations to—
(1) lend Native American artifacts and objects from any collection of the Smithsonian Institution;
(2) sponsor or coordinate traveling exhibitions of artifacts and objects; or
(3) provide training or technical assistance;
the Board of Regents shall give priority to agreements with Indian organizations, including Indian tribes, museums, cultural centers, educational institutions, libraries, and archives. Such agreements may provide that loans or services to such organizations may be furnished by the Smithsonian Institution at minimal or no cost.
(b) Indian programs
The Board of Regents may establish—
(1) programs to serve Indian tribes and communities; and
(2) in cooperation with educational institutions, including tribally controlled colleges or universities (as defined in section 1801(a) of title 25), programs to enhance the opportunities for Indians in the areas of museum studies, management, and research.
(c) Indian Museum Management Fellowships
The Board of Regents shall establish an Indian Museum Management Fellowship program to provide stipend support to Indians for training in museum development and management.
(d) Authorization of appropriations
There is authorized to be appropriated $2,000,000 for each fiscal year, beginning with fiscal year 1991, to carry out subsections (b) and (c) of this section.
(Pub. L. 101–185, § 10, Nov. 28, 1989, 103 Stat. 1342; Pub. L. 105–244, title IX, § 901(d), Oct. 7, 1998, 112 Stat. 1828; Pub. L. 110–315, title IX, § 941(k)(2)(B), Aug. 14, 2008, 122 Stat. 3465.)
heading: Amendments
text: 2008—Subsec. (b)(2). Pub. L. 110–315 substituted “tribally controlled colleges or universities (as defined in section 1801(a) of title 25)” for “tribally controlled community colleges (as defined in section 1801 of title 25)”.
1998—Subsec. (b)(2). Pub. L. 105–244 made technical amendment to reference in original act which appears in text as reference to section 1801 of title 25.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.
20 U.S.C. § 80q–11 (EDUCATION)
§ 80q–11. Inventory, identification, and return of Native Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution
(a) In general
The Secretary of the Smithsonian Institution shall—
(1) in conjunction with the inventory and identification under section 80q–9 of this title, inventory and identify the Native Hawaiian human remains and Native Hawaiian funerary objects in the possession of the Smithsonian Institution;
(2) enter into an agreement with appropriate Native Hawaiian organizations with expertise in Native Hawaiian affairs (which may include the Office of Hawaiian Affairs and the Malama I Na Kupuna O Hawai’i Nei) to provide for the return of such human remains nd 1 funerary objects; and
(3) to the greatest extent practicable, apply, with respect to such human remains and funerary objects, the principles and procedures set forth in sections 80q–9 and 80q–10 of this title with respect to the Indian human remains and Indian funerary objects in the possession of the Smithsonian Institution.
(b) Definitions
As used in this section—
(1) the term “Malama I Na Kupuna O Hawai’i Nei” means the nonprofit, Native Hawaiian organization, incorporated under the laws of the State of Hawaii by that name on April 17, 1989, the purpose of which is to provide guidance and expertise in decisions dealing with Native Hawaiian cultural issues, particularly burial issues; and
(2) the term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.
(Pub. L. 101–185, § 13, Nov. 28, 1989, 103 Stat. 1345.)
20 U.S.C. § 80q–12 (EDUCATION)
§ 80q–12. Grants by Secretary of the Interior to assist Indian tribes with respect to agreements for return of Indian human remains and Indian funerary objects
(a) In general
The Secretary of the Interior may make grants to Indian tribes to assist such tribes in reaching and carrying out agreements with—
(1) the Board of Regents for the return of Indian human remains and Indian funerary objects under section 80q–9 of this title; and
(2) other Federal and non-Federal entities for additional returns of Indian human remains and Indian funerary objects.
(b) Authorization of appropriations
There is authorized to be appropriated $1,000,000 for fiscal year 1991 and such sums as may be necessary for succeeding fiscal years for grants under subsection (a) of this section.
(Pub. L. 101–185, § 14, Nov. 28, 1989, 103 Stat. 1345.)
20 U.S.C. § 80q–14 (EDUCATION)
§ 80q–14. Definitions
As used in this subchapter—
(1) the term “Board of Regents” means the Board of Regents of the Smithsonian Institution;
(2) the term “Board of Trustees” means the Board of Trustees of the National Museum of the American Indian;
(3) the term “burial site” means a natural or prepared physical location, whether below, on, or above the surface of the earth, into which, as a part of a death rite or ceremony of a culture, individual human remains are deposited;
(4) the term “funerary object” means an object that, as part of a death rite or ceremony of a culture, is intentionally placed with individual human remains, either at the time of burial or later;
(5) the term “Heye Foundation assets” means the collections, endowment, and all other property of the Heye Foundation (other than the interest of the Heye Foundation in Audubon Terrace) described in the Memorandum of Understanding between the Smithsonian Institution and the Heye Foundation, dated May 8, 1989, and the schedules attached to such memorandum;
(6) the term “Heye Museum” means the Museum of the American Indian, Heye Foundation;
(7) the term “Indian” means a member of an Indian tribe;
(8) the term “Indian tribe” has the meaning given that term in section 450b of title 25;
(9) the term “National Museum” means the National Museum of the American Indian established by section 80q–1 of this title;
(10) the term “Native American” means an individual of a tribe, people, or culture that is indigenous to the Americas and such term includes a Native Hawaiian; and
(11) the term “Native Hawaiian” means a member or descendant of the aboriginal people who, before 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii.
(Pub. L. 101–185, § 16, Nov. 28, 1989, 103 Stat. 1346.)
20 U.S.C. § 80q–15 (EDUCATION)
§ 80q–15. Authorization of appropriations
(a) Funding
There is authorized to be appropriated to the Board of Regents to carry out this subchapter (other than as provided in sections 80q–5(b)(1)(B), 80q–6, 80q–8, 80q–9, 80q–10, 80q–12, and 80q–13(c)(5) of this title)—
(1) $10,000,000 for fiscal year 1990; and
(2) such sums as may be necessary for each succeeding fiscal year.
(b) Period of availability
Funds appropriated under subsection (a) of this section shall remain available without fiscal year limitation for any period prior to the availability of the facilities to be constructed under section 80q–5 of this title for administrative and planning expenses and for the care and custody of the collections of the National Museum.
(Pub. L. 101–185, § 17, Nov. 28, 1989, 103 Stat. 1347.)
20 U.S.C. § 80r (EDUCATION)
§ 80r. Findings
Congress finds that—
(1) since its founding, the United States has grown into a symbol of democracy and freedom around the world, and the legacy of African Americans is rooted in the very fabric of the democracy and freedom of the United States;
(2) there exists no national museum within the Smithsonian Institution that—
(A) is devoted to the documentation of African American life, art, history, and culture; and
(B) encompasses, on a national level—
(i) the period of slavery;
(ii) the era of Reconstruction;
(iii) the Harlem renaissance;
(iv) the civil rights movement; and
(v) other periods associated with African American life, art, history, and culture; and
(3) a National Museum of African American History and Culture would be dedicated to the collection, preservation, research, and exhibition of African American historical and cultural material reflecting the breadth and depth of the experiences of individuals of African descent living in the United States.
(Pub. L. 108–184, § 2, Dec. 16, 2003, 117 Stat. 2676.)
heading: Short Title
text: Pub. L. 108–184, § 1, Dec. 16, 2003, 117 Stat. 2676, provided that: “This Act [enacting this subchapter] may be cited as the ‘National Museum of African American History and Culture Act’.”
20 U.S.C. § 80r–1 (EDUCATION)
§ 80r–1. Definitions
In this subchapter:
(1) Board of Regents
The term “Board of Regents” means the Board of Regents of the Smithsonian Institution.
(2) Council
The term “Council” means the National Museum of African American History and Culture Council established by section 80r–3 of this title.
(3) Museum
The term “Museum” means the National Museum of African American History and Culture established by section 80r–2 of this title.
(4) Secretary
The term “Secretary” means the Secretary of the Smithsonian Institution.
(Pub. L. 108–184, § 3, Dec. 16, 2003, 117 Stat. 2676.)
20 U.S.C. § 80r–2 (EDUCATION)
§ 80r–2. Establishment of Museum
(a) Establishment
There is established within the Smithsonian Institution a museum to be known as the “National Museum of African American History and Culture”.
(b) Purpose
The purpose of the Museum shall be to provide for—
(1) the collection, study, and establishment of programs relating to African American life, art, history, and culture that encompass—
(A) the period of slavery;
(B) the era of Reconstruction;
(C) the Harlem renaissance;
(D) the civil rights movement; and
(E) other periods of the African American diaspora;
(2) the creation and maintenance of permanent and temporary exhibits documenting the history of slavery in America and African American life, art, history, and culture during the periods referred to in paragraph (1);
(3) the collection and study of artifacts and documents relating to African American life, art, history, and culture; and
(4) collaboration between the Museum and other museums, historically black colleges and universities, historical societies, educational institutions, and other organizations that promote the study or appreciation of African American life, art, history, or culture, including collaboration concerning—
(A) development of cooperative programs and exhibitions;
(B) identification, management, and care of collections; and
(C) training of museum professionals.
(Pub. L. 108–184, § 4, Dec. 16, 2003, 117 Stat. 2677.)
20 U.S.C. § 80r–4 (EDUCATION)
§ 80r–4. Director and staff of the Museum
(a) Director
(1) In general
The Museum shall have a Director who shall be appointed by the Secretary, taking into consideration individuals recommended by the Council.
(2) Duties
The Director shall manage the Museum subject to the policies of the Board of Regents.
(b) Staff
The Secretary may appoint two additional employees to serve under the Director, except that such additional employees may be appointed without regard to the provisions of title 5 governing appointments in the competitive service.
(c) Pay
The employees appointed by the Secretary under subsection (b) of this section may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates.
(Pub. L. 108–184, § 6, Dec. 16, 2003, 117 Stat. 2679.)
20 U.S.C. § 80r–5 (EDUCATION)
§ 80r–5. Educational and liaison programs
(a) In general
(1) Programs authorized
The Director of the Museum may carry out educational and liaison programs in support of the goals of the Museum.
(2) Specific activities described
In carrying out this section, the Director shall—
(A) carry out educational programs relating to African American life, art, history, and culture, including—
(i) programs using digital, electronic, and interactive technologies; and
(ii) programs carried out in collaboration with elementary schools, secondary schools, and postsecondary schools; and
(B) consult with the Director of the Institute of Museum and Library Services concerning the grant and scholarship programs carried out under subsection (b) of this section.
(b) Grant and scholarship programs
(1) In general
In consultation with the Council and the Director of the Museum, the Director of the Institute of Museum and Library Services shall establish—
(A) a grant program with the purpose of improving operations, care of collections, and development of professional management at African American museums;
(B) a grant program with the purpose of providing internship and fellowship opportunities at African American museums;
(C) a scholarship program with the purpose of assisting individuals who are pursuing careers or carrying out studies in the arts, humanities, and sciences in the study of African American life, art, history, and culture;
(D) in cooperation with other museums, historical societies, and educational institutions, a grant program with the purpose of promoting the understanding of modern-day practices of slavery throughout the world; and
(E) a grant program under which an African-American museum (including a nonprofit education organization the primary mission of which is to promote the study of African-American diaspora) may use the funds provided under the grant to increase an endowment fund established by the museum (or organization) as of May 1, 2003, for the purposes of—
(i) enhancing educational programming; and
(ii) maintaining and operating traveling educational exhibits.
(2) Authorization of appropriations
There are authorized to be appropriated to the Director of the Institute of Museum and Library Services to carry out this subsection—
(A) $15,000,000 for fiscal year 2004; and
(B) such sums as are necessary for each fiscal year thereafter.
(Pub. L. 108–184, § 7, Dec. 16, 2003, 117 Stat. 2679.)
20 U.S.C. § 80r–7 (EDUCATION)
§ 80r–7. Congressional Budget Act compliance
Authority under this subchapter to enter into contracts or to make payments shall be effective in any fiscal year only to the extent provided in advance in an appropriations Act, except as provided under section 80r–9(b) of this title.
(Pub. L. 108–184, § 9, Dec. 16, 2003, 117 Stat. 2682.)
heading: References in Text
text: The Congressional Budget Act, referred to in section catchline, probably means the Congressional Budget Act of 1974, which is titles I through IX of Pub. L. 93–344, July 12, 1974, 88 Stat. 297, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables.