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Title 20 — Education

Chapter 66 — Morris K. Udall and Stewart L. Udall Foundation

§ 5608. Administrative provisions

Statutory text

(a)

In general

In order to carry out the provisions of this chapter, the Foundation may—

(1)
(A)

appoint such personnel as may be necessary to carry out the provisions of this chapter, without regard to the provisions of title 5 governing appointments in the competitive service; and

(B)

fix the compensation of the personnel appointed under subparagraph (A) at a rate not to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5, except that up to 4 employees (in addition to the Executive Director under section 5603(f)(2) of this title) may be paid at a rate determined by the Board in accordance with section 5383 of title 5.

(2)

procure or fund the Center to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, but at rates not to exceed the rate specified at the time of such service for level IV of the Executive Schedule under section 5315 of title 5;

(3)

prescribe such regulations as the Foundation considers necessary governing the manner in which its functions shall be carried out;

(4)

accept, hold, solicit, administer, and utilize donations, grants, and gifts, both real and personal, for the purpose of aiding or facilitating the work of the Foundation;

(5)

accept and utilize the services of voluntary and noncompensated personnel and reimburse such personnel for travel expenses, including per diem, as authorized by section 5703 of title 5;

(6)

enter into contracts, grants, or other arrangements or modifications thereof, to carry out the provisions of this chapter, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board of Trustees, be entered into without performance or other bonds, and without regard to section 6101 of title 41;

(7)

to 1 rent office space in the District of Columbia and Tucson, Arizona, or their environs; and

(8)

make other necessary expenditures.

(b)

The Institute

The authorities set forth above shall apply to the National Center established pursuant to section 5607a of this title and to the activities of the Foundation under section 5604(7) of this title.

Footnotes

  1. 1 So in original. The word “to” probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992

    Pub. L. 102–259 § 12 · 106 Stat. 78

    Enacted · 20 U.S.C. § 5608

    Pub. L. 102–259, § 12, formerly § 10, Mar. 19, 1992, 106 Stat. 83

    Target inherited from the preceding amendment note.

    Source evidence

    Code source credit
    Pub. L. 102–259, § 12, formerly § 10, Mar. 19, 1992, 106 Stat. 83

    Enacted provision · exact public law section
    SEC. 10. ADMINISTRATIVE PROVISIONS. In General.—In order to carry out the provisions of this Act, the Foundation may— (1) appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this Act, except that in no case snail employees other than the Executive Director be compensated at a rate to exceed the maximum rate for employees in grade GS-15 of the General Schedule under section 5332 of title 5, United States Code; (2) procure or fund the Center to procure temporary and intermittent services of experts and consultants as are necessary to the extent authorized by section 3109 of title 5, United States Code, but at rates not to exceed the rate specified at the time of such service for level IV of the Executive Schedule under section 5315 of title 5, United States Code; (3) prescribe such regulations as the Foundation considers necessary governing the manner in which its functions shall be carried out; (4) accept, hold, administer, and utilize gifts, both real and personal, for the purpose of aiding or facilitating the work of the Foundation; (5) accept and utilize the services of voluntary and non compensated personnel and reimburse such personnel for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (6) enter into contracts, grants, or other arrangements or modifications thereof, to carry out the provisions of this Act, and such contracts or modifications thereof may, with the concurrence of two-thirds of the members of the Board of Trustees, be entered into without performance or other bonds, and without regard to section 3709 of the Revised Statutes (41 U.S.C. 5); and (7) make other necessary expenditures.

  2. Pub. L. 105–277 div. A § 101(h)(tV)(s517)(b) · 112 Stat. 2681

    1. Amended · 20 U.S.C. § 5608

      Pub. L. 105–277 designated existing provisions as subsec. (a)

    2. Added · 20 U.S.C. § 5608

      Pub. L. 105–277 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 105–277 designated existing provisions as subsec. (a) and added subsec. (b).

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

  3. Native American Laws Technical Corrections Act of 2000

    Pub. L. 106–568 title VIII § 817(b) · 114 Stat. 2868

    Inserted · 20 U.S.C. § 5608(b)

    Pub. L. 106–568 inserted before period at end “and to the activities of the Foundation under section 5604(7) of this title”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–568 inserted before period at end “and to the activities of the Foundation under section 5604(7) of this title”.

    Enacted provision · exact public law section
    (b) Administrative Provisions.— Section 12(b) of the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 (20 U.S.C. 5608(b)) is amended by inserting before the period at the end the following: “and to the activities of the Foundation under section 6(7)”.

  4. Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009

    Pub. L. 111–90 § 10(1) · 123 Stat. 2976

    1. Added · 20 U.S.C. § 5608(a)(1)

      Pub. L. 111–90, § 10(1), added par. (1)

    2. Struck · 20 U.S.C. § 5608(a)(1)

      Pub. L. 111–90, § 10(1), struck out former par. (1) which read as follows: “appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter, except that in no case shall employees other than the Executive Director be compensated at a rate to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5;”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–90, § 10(1), added par. (1) and struck out former par. (1) which read as follows: “appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter, except that in no case shall employees other than the Executive Director be compensated at a rate to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5;”.

    Enacted provision · exact public law section
    (1) by striking paragraph (1) and inserting the following: “(1) (A) appoint such personnel as may be necessary to carry out the provisions of this Act, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and “(B) fix the compensation of the personnel appointed under subparagraph (A) at a rate not to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, except that up to 4 employees (in addition to the Executive Director under section 5(f)(2)) may be paid at a rate determined by the Board in accordance with section 5383 of that title.” ;

  5. Morris K. Udall Scholarship and Excellence in National Environmental Policy Amendments Act of 2009

    Pub. L. 111–90 § 10(2) · 123 Stat. 2976

    1. Added · 20 U.S.C. § 5608(a)(7); 20 U.S.C. § 5608(a)(8)

      Pub. L. 111–90, § 10(2)–(4), added par. (7)

    2. Redesignated · 20 U.S.C. § 5608(a)(7); 20 U.S.C. § 5608(a)(8)

      Pub. L. 111–90, § 10(2)–(4), redesignated former par. (7) as (8)

    Source evidence

    Code amendment note
    Subsec. (a)(7), (8). Pub. L. 111–90, § 10(2)–(4), added par. (7) and redesignated former par. (7) as (8).

    Enacted provision · exact public law section
    (2) in paragraph (6), by striking “and” at the end;

  6. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 308(1)(A) · 133 Stat. 2534

    Substituted · 20 U.S.C. § 5608(a)(4)

    Pub. L. 116–94, § 308(1)(A), substituted “accept, hold, solicit, administer, and utilize donations, grants, and gifts” for “accept, hold, administer, and utilize gifts”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 116–94, § 308(1)(A), substituted “accept, hold, solicit, administer, and utilize donations, grants, and gifts” for “accept, hold, administer, and utilize gifts”.

    Enacted provision · exact public law section
    Sec. 308. (rescission) Of the unobligated balances available under the heading “Student Financial Assistance” for carrying out subpart 1 of part A of title IV of the HEA, $500,000,000 are hereby rescinded.

  7. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 308(1)(B) · 133 Stat. 2534

    Substituted · 20 U.S.C. § 5608(a)(7)

    Pub. L. 116–94, § 308(1)(B), substituted “in the District of Columbia and Tucson, Arizona, or their environs” for “in the District of Columbia or its environs”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 116–94, § 308(1)(B), substituted “in the District of Columbia and Tucson, Arizona, or their environs” for “in the District of Columbia or its environs”.

    Enacted provision · exact public law section
    Sec. 308. (rescission) Of the unobligated balances available under the heading “Student Financial Assistance” for carrying out subpart 1 of part A of title IV of the HEA, $500,000,000 are hereby rescinded.

  8. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 § 308(2) · 133 Stat. 2534

    Substituted · 20 U.S.C. § 5608(b)

    Pub. L. 116–94, § 308(2), substituted “apply to the National Center” for “, with the exception of paragraph (4), apply to the Institute”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–94, § 308(2), substituted “apply to the National Center” for “, with the exception of paragraph (4), apply to the Institute”.

    Enacted provision · exact public law section
    Sec. 308. (rescission) Of the unobligated balances available under the heading “Student Financial Assistance” for carrying out subpart 1 of part A of title IV of the HEA, $500,000,000 are hereby rescinded.

11 of 11 references resolved to an enrolled provision

Editorial Notes

Codification

In subsec. (a)(6), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111–350, § 6(c), , 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments1998–2019 · 4 rounds

2019

Subsec. (a)(4). Pub. L. 116–94, § 308(1)(A), substituted “accept, hold, solicit, administer, and utilize donations, grants, and gifts” for “accept, hold, administer, and utilize gifts”.

Subsec. (a)(7). Pub. L. 116–94, § 308(1)(B), substituted “in the District of Columbia and Tucson, Arizona, or their environs” for “in the District of Columbia or its environs”.

Subsec. (b). Pub. L. 116–94, § 308(2), substituted “apply to the National Center” for “, with the exception of paragraph (4), apply to the Institute”.

2009

Subsec. (a)(1). Pub. L. 111–90, § 10(1), added par. (1) and struck out former par. (1) which read as follows: “appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of this chapter, except that in no case shall employees other than the Executive Director be compensated at a rate to exceed the maximum rate for employees in grade GS–15 of the General Schedule under section 5332 of title 5;”.

Subsec. (a)(7), (8). Pub. L. 111–90, § 10(2)–(4), added par. (7) and redesignated former par. (7) as (8).

2000

Subsec. (b). Pub. L. 106–568 inserted before period at end “and to the activities of the Foundation under section 5604(7) of this title”.

1998

Pub. L. 105–277 designated existing provisions as subsec. (a) and added subsec. (b).

Credits

1992–2019 · 6 acts
  1. 1992Pub. L. 102–259, § 12, formerly § 10, , 106 Stat. 83
  2. 1998renumbered § 12, Pub. L. 105–156, § 6(a), , 112 Stat. 9
  3. 1998amended Pub. L. 105–277, div. A, § 101(h) [title V, § 517(b)], , 112 Stat. 2681–480, 2681–512
  4. 2000Pub. L. 106–568, title VIII, § 817(b), , 114 Stat. 2918
  5. 2009Pub. L. 111–90, § 10, , 123 Stat. 2978
  6. 2019Pub. L. 116–94, div. P, title III, § 308, , 133 Stat. 3190.
Show as published

(Pub. L. 102–259, § 12, formerly § 10, , 106 Stat. 83; renumbered § 12, Pub. L. 105–156, § 6(a), , 112 Stat. 9; amended Pub. L. 105–277, div. A, § 101(h) [title V, § 517(b)], , 112 Stat. 2681–480, 2681–512; Pub. L. 106–568, title VIII, § 817(b), , 114 Stat. 2918; Pub. L. 111–90, § 10, , 123 Stat. 2978; Pub. L. 116–94, div. P, title III, § 308, , 133 Stat. 3190.)

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