US (United States) Code. Title 20. Chapter 57: James Madison Memorial Fellowship Program

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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-CITE-

20 USC CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP

PROGRAM 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

.

-HEAD-

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-MISC1-

Sec.

4501. Purpose.

4502. Foundation.

(a) Establishment.

(b) Board of Trustees; membership; term of office.

(c) Officers.

(d) Reimbursement for expenses.

4503. Fellowship recipients.

4504. Period for award.

4505. Recipient's choice of institution.

4506. Recipient's eligibility.

4507. Selection of fellowship recipients.

(a) Criteria for selection.

(b) Competition for selection; application.

(c) Regional selection of recipients.

4508. Amount of fellowships.

4509. Fellowship conditions.

4510. James Madison Memorial Fellowship Trust Fund.

(a) Establishment.

(b) Investment of amounts appropriated.

(c) Sale of obligations acquired by fund.

(d) Interest and proceeds from sale or redemption of

obligations credited to fund.

4511. Expenditures and audit.

4512. President and Executive Secretary of Foundation.

4513. Administrative provisions.

(a) General powers.

(b) Annual report.

(c) Detailing of agency personnel to Foundation.

4514. Definitions.

4515. Appropriations.

4516. Constitutional Law Resource Centers.

(a) Establishment.

(b) Endowments.

(c) Chair for Professor of Constitutional Law.

(d) Investment of endowment.

(e) Application for grant of endowment.

(f) Amount of grant of endowment; recipients of

offer.

4517. Appropriations for universities.

-CITE-

20 USC Sec. 4501 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4501. Purpose

-STATUTE-

It is the purpose of this chapter to establish the James Madison

Fellowship Program which is designed to encourage graduate study of

the American Constitution, its roots, its formation, its

principles, and its development.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 802), Oct. 18, 1986,

100 Stat. 1783-39, 1783-76, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 802), Oct. 30, 1986, 100 Stat. 3341-39, 3341-76.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

SHORT TITLE

Section 101(b) (title VIII, Sec. 801) of Pub. L. 99-500 and Pub.

L. 99-591 provided that: ''This title (enacting this chapter) may

be cited as the 'James Madison Memorial Fellowship Act'.''

-CITE-

20 USC Sec. 4502 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4502. Foundation

-STATUTE-

(a) Establishment

In order to commemorate the bicentennial of the Constitution,

there is established, as an independent establishment of the

executive branch, the James Madison Memorial Fellowship Foundation.

(b) Board of Trustees; membership; term of office

(1) The Foundation shall be subject to the supervision and

direction of a Board of Trustees. The Board shall be composed of

thirteen members, as follows:

(A) Two Members of the Senate, of different political parties,

shall be appointed by the President upon the recommendation of

the President pro tempore of the Senate, in consultation with the

Majority Leader and Minority Leader of the Senate.

(B) Two Members of the House of Representatives, of different

political parties, shall be appointed by the President upon the

recommendation of the Speaker of the House, in consultation with

the Minority Leader of the House of Representatives.

(C) Two members of the Federal judiciary shall be appointed by

the President upon the recommendation of the Chief Justice of the

United States.

(D) Six members, not more than three of whom shall be of the

same political party, shall be appointed by the President with

the advice and consent of the Senate, of whom one shall be a

chief executive officer of a State, two shall be members of the

general public, and three shall be members of the academic

community, appointed upon the recommendation of the Librarian of

Congress.

(E) The Secretary of Education or his designate shall serve ex

officio as a member of the Board, but shall not be eligible to

serve as Chairman.

(2) The term of office of each member of the Board shall be six

years; except that (A) the members first taking office shall serve

as designated by the President, four for terms of two years, five

for terms of four years, and four for terms of six years, and (B)

any member appointed to fill a vacancy shall serve for the

remainder of the term for which his predecessor was appointed, and

shall be appointed in the same manner as the original appointment

for that vacancy was made. This provision shall not apply to

members ex officio.

(3) A member of the Board whose term has expired may continue to

serve until the earlier of -

(A) the date on which a successor has taken office; or

(B) the date on which the Congress adjourns sine die to end the

session of Congress that commences after the date on which the

member's term expired.

(c) Officers

Members of the Board shall elect from the members of the Board a

Chairman and such other officers as may be necessary to carry out

the duties of the Foundation.

(d) Reimbursement for expenses

(1) Subject to paragraph (2), members of the Board shall serve

without pay.

(2) Members of the Board and the President, Executive Secretary,

and other personnel of the Foundation shall be entitled to

reimbursement for travel, subsistence, and other necessary expenses

incurred in the performance of their duties at rates applicable to

judges of the United States under section 456(a) of title 28.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 803), Oct. 18, 1986,

100 Stat. 1783-39, 1783-76, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 803), Oct. 30, 1986, 100 Stat. 3341-39, 3341-76; Pub. L.

101-208, Sec. 1, Dec. 7, 1989, 103 Stat. 1836; Pub. L. 102-221,

Sec. 1(1), Dec. 11, 1991, 105 Stat. 1676.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

1991 - Subsec. (b)(3). Pub. L. 102-221 added par. (3).

1989 - Subsec. (d). Pub. L. 101-208 amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows:

''Members of the Board shall serve without pay, but shall be

entitled to reimbursement for travel, subsistence, and other

necessary expenses incurred in the performance of their duties.''

-CITE-

20 USC Sec. 4503 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4503. Fellowship recipients

-STATUTE-

(a) The Foundation is authorized to award fellowships to

outstanding students and teachers who will pursue graduate study

leading to the degree of Master of Arts in teaching or other

appropriate masters degree for teachers, with a major in social

studies or American history. Each recipient must take at least

twelve semester hours, or its equivalent in topics directly related

to the Constitution of the United States, as determined by the

Board.

(b)(1) James Madison fellowships shall be awarded to individuals

who are, or who desire to become, social studies and American

history teachers in accordance with paragraphs (2) and (3).

(2) Junior fellowships shall be awarded to graduate students who

are about to complete or have recently completed their

undergraduate course of study, and plan to begin graduate work on a

relatively full-time basis.

(3) Senior fellowships shall be awarded to experienced teachers

who wish to undertake work for a graduate degree on a part-time

basis during summers or in evening programs.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 804), Oct. 18, 1986,

100 Stat. 1783-39, 1783-77, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 804), Oct. 30, 1986, 100 Stat. 3341-39, 3341-77.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-

20 USC Sec. 4504 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4504. Period for award

-STATUTE-

Junior fellowships shall be granted for such periods as the

Foundation may prescribe but not to exceed two academic years.

Senior fellowship shall be granted for such periods as the

Foundation may prescribe, but not to exceed five calendar years.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 805), Oct. 18, 1986,

100 Stat. 1783-39, 1783-77, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 805), Oct. 30, 1986, 100 Stat. 3341-39, 3341-77.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-

20 USC Sec. 4505 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4505. Recipient's choice of institution

-STATUTE-

Fellowship recipients may attend any institution of higher

education in the United States with an accredited graduate program

which offers courses of study or training which emphasize the

origins of the Constitution of the United States, its principles,

its development, and its comparison with other forms of government,

as determined according to criteria established by the Foundation.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 806), Oct. 18, 1986,

100 Stat. 1783-39, 1783-77, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 806), Oct. 30, 1986, 100 Stat. 3341-39, 3341-77.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-

20 USC Sec. 4506 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4506. Recipient's eligibility

-STATUTE-

Each student awarded a fellowship under this chapter shall

demonstrate the potential, and a serious intention, to follow a

career of educating students in secondary schools. Each

institution of higher education at which such a student is in

attendance shall make reasonable efforts to encourage such a

student to meet the objectives of this section.

Each student receiving a Fellowship under this chapter (FOOTNOTE

1) shall enter into an agreement under which the recipient shall:

(FOOTNOTE 1) See References in Text note below.

(a) within a 5-year period after completing the education for

which the fellowship was awarded, teach on a full-time basis

students in secondary school for a period of not less than one

year for each year for which asistance (FOOTNOTE 2) was received;

(FOOTNOTE 2) So in original. Probably should be ''assistance''.

(b) repay all of the Fellowship assistance received plus

interest at the rate of 6% per annum and, if applicable,

reasonable collection fees for each school year for which

assistance was received for which such recipient failed to teach

as provided in paragraph (a); and

(c) not be considered to be in violation of the agreement

entered into during any period during which the recipient:

(1) is pursuing a full-time course of study related to the

field of teaching at an eligible institution;

(2) is serving, not in excess of 3 years, as a member of the

armed services of the United States;

(3) is temporarily totally disabled for a period of time not

to exceed 3 years as established by sworn affidavit of a

qualified physician;

(4) is unable to secure employment for a period not to exceed

12 months by reason of the care required by a spouse who is

disabled;

(5) is seeking and unable to find full-time employment for a

single period not to exceed 12 months; or

(6) is seeking and unable to find full-time employment as a

teacher.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 807), Oct. 18, 1986,

100 Stat. 1783-39, 1783-77, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 807), Oct. 30, 1986, 100 Stat. 3341-39, 3341-77.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in provisions preceding par. (a), was

in the original ''this Act'' and was translated as reading ''this

title'' meaning title VIII of section 101(b) of Pub. L. 99-500 and

Pub. L. 99-591 which enacted this chapter, to reflect the probable

intent of Congress.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-

20 USC Sec. 4507 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4507. Selection of fellowship recipients

-STATUTE-

(a) Criteria for selection

Madison Fellows shall be selected for their academic achievements

and their potential to become secondary school teachers of social

studies and American history.

(b) Competition for selection; application

(1) The Foundation is authorized, either directly or by contract,

to provide for the conduct of a nationwide competition for the

selection of fellowship recipients. Each applicant must have a

demonstrated interest in pursuing a course of study which

emphasizes the Constitution, its principles, and its history, and

have a demonstrated record of willingness to devote themselves to

civil responsibility.

(2) Each application shall be accompanied by an essay explaining

the importance of the study of the Constitution both to the

applicant's career aspirations and contributions to public service,

and to citizenship generally in a constitutional regime.

(3)(A) Each application shall include a description of a program

of study for the graduate program, designating the courses to be

taken, and the proposed Master's thesis, where appropriate.

(B) For the purpose of this paragraph, the Board of Trustees of

the Foundation shall establish general criteria for programs in

constitutional studies.

(c) Regional selection of recipients

The Foundation shall adopt selection procedures which shall

assure that at least one Madison Fellow shall be selected each year

from each State, the District of Columbia, and the Commonwealth of

Puerto Rico, and considered as a single entity, Guam, the Virgin

Islands, American Samoa, the Trust Territories of the Pacific

Islands, and the Commonwealth of the Northern Marianas in which

there are at least two resident applicants who meet the minimum

criteria established by the Foundation; and, if sufficient funding

is available, to invite applications from scholars overseas for

study in the United States.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 808), Oct. 18, 1986,

100 Stat. 1783-39, 1783-78, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 808), Oct. 30, 1986, 100 Stat. 3341-39, 3341-78.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

20 USC Sec. 4508 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4508. Amount of fellowships

-STATUTE-

Each student awarded a fellowship shall receive a stipend which

shall not exceed the cost to the student for tuition, fees, books,

room and board, or $12,000, whichever is less, for each academic

year of study.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 809), Oct. 18, 1986,

100 Stat. 1783-39, 1783-78, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 809), Oct. 30, 1986, 100 Stat. 3341-39, 3341-78.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-

20 USC Sec. 4509 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4509. Fellowship conditions

-STATUTE-

(a) A student awarded a Madison Fellowship shall continue to

receive payments only during such periods as the Foundation finds

that the student is maintaining satisfactory progress in an

approved program of study or research. Recipients of junior

fellowships shall devote essentially full time to their program of

study.

(b) The Foundation is authorized to require reports from any

fellowship recipient containing such information, in such form, and

to be filed at such times as the Foundation determines to be

necessary. Such reports shall be accompanied by a certificate from

an appropriate official at the institution of higher education,

approved by the Foundation, stating that such student is making

satisfactory progress in a program of study or research, with such

exceptions as the Foundation may establish.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 810), Oct. 18, 1986,

100 Stat. 1783-39, 1783-79, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 810), Oct. 30, 1986, 100 Stat. 3341-39, 3341-79.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-

20 USC Sec. 4510 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4510. James Madison Memorial Fellowship Trust Fund

-STATUTE-

(a) Establishment

There shall be established in the Treasury of the United States a

trust fund consisting of appropriations and amounts contributed by

the Foundation for the Commemoration of the Constitution and other

private sources to be available, in accordance with the provisions

of this chapter, to carry out the provisions of this chapter.

(b) Investment of amounts appropriated

It shall be the duty of the Secretary of the Treasury to invest

in full the amounts appropriated and contributed to the fund. Such

investments may be made only in interest-bearing obligations of the

United States or in obligations guaranteed as to both principal and

interest by the United States. For such purpose, such obligations

may be acquired (1) on original issue at the issue price, or (2) by

purchase of outstanding obligations at the market price. The

purposes for which obligations of the United States may be issued

under chapter 31 of title 31 are hereby extended to authorize the

issuance at par of special obligations exclusively to the fund.

Such special obligations shall bear interest at a rate equal to the

average rate of interest, computed as to the end of the calendar

month next preceding the date of such issue, borne by all

marketable interest-bearing obligations of the United States then

forming a part of the public debt; except that where such average

rate is not a multiple of one-eighth of 1 per centum, the rate of

interest of such special obligations shall be the multiple of

one-eighth of 1 per centum next lower than such average rate. Such

special obligations shall be issued only if the Secretary

determines that the purchase of other obligations of the United

States, or of obligations guaranteed as to both principal and

interest by the United States or original issue at the market

price, is not in the public interest.

(c) Sale of obligations acquired by fund

Any obligations acquired by the fund (except special obligations

issued exclusively to the fund) may be sold by the Secretary at the

market price, and such special obligations may be redeemed at par

plus accrued interest.

(d) Interest and proceeds from sale or redemption of obligations

credited to fund

The interest on, and the proceeds from, the sale or redemption of

any obligations held in the fund shall be credited to and form a

part of the fund.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 811), Oct. 18, 1986,

100 Stat. 1783-39, 1783-79, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 811), Oct. 30, 1986, 100 Stat. 3341-39, 3341-79; Pub. L.

102-221, Sec. 1(2), Dec. 11, 1991, 105 Stat. 1676.)

-COD-

CODIFICATION

In subsec. (b), ''chapter 31 of title 31'' substituted for ''the

Second Liberty Bond Act, as amended,'' on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-221 struck out ''(1)'' before

''There shall be'', substituted ''and other'' for ''an other''

after ''Constitution'', and struck out par. (2) which read as

follows: ''No funds in the Trust Fund may be available for

fellowships until the contributions from private sources are equal

to $10,000,000.''

-CITE-

20 USC Sec. 4511 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4511. Expenditures and audit

-STATUTE-

(a) The Secretary of the Treasury is authorized to pay to the

Foundation from the interest and earnings of the fund such sums as

the Board determines are necessary and appropriate to enable the

Foundation to carry out the provisions of this chapter.

(b) The activities of the Foundation under this chapter may be

audited by the General Accounting Office under such rules and

regulations as may be prescribed by the Comptroller General of the

United States. The representatives of the General Accounting Office

shall have access to all books, accounts, records, reports, and

files and all other papers, things, or property belonging to or in

use by the Foundation, pertaining to such activities and necessary

to facilitate the audit.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 812), Oct. 18, 1986,

100 Stat. 1783-39, 1783-80, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 812), Oct. 30, 1986, 100 Stat. 3341-39, 3341-80.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-

20 USC Sec. 4512 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4512. President and Executive Secretary of Foundation

-STATUTE-

(a)(1) The Board may appoint a President of the Foundation to

serve full-time or part-time and for such a term as the Board shall

determine.

(2) The President shall carry out such of the functions and

duties of the Foundation as the Board may determine, subject to the

supervision and direction of the Board.

(3) The President shall be compensated at a rate to be determined

by the Board without regard to subchapter III of chapter 53 of

title 5, not to exceed the rate for level III of the Executive

Schedule under section 5314 of that title.

(4) Sections 5532, (FOOTNOTE 1) 8344, and 8468 of title 5 shall

not apply to a person while such person is serving as President of

the Foundation.

(FOOTNOTE 1) See References in Text note below.

(b)(1) There shall be an Executive Secretary of the Foundation

who shall be appointed by the Board.

(2) The Executive Secretary shall be the chief operating officer

of the Foundation and shall carry out the functions of the

Foundation subject to the supervision and direction of the Board or

the President, as determined by the Board.

(3) The Executive Secretary shall be compensated at the rate

specified for employees placed in grade GS-18 of the General

Schedule set forth in section 5332 of title 5.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 813), Oct. 18, 1986,

100 Stat. 1783-39, 1783-80, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 813), Oct. 30, 1986, 100 Stat. 3341-39, 3341-80; Pub. L.

101-208, Sec. 2, Dec. 7, 1989, 103 Stat. 1836; Pub. L. 101-557,

title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2771; Pub. L. 101-589,

title II, Sec. 253, Nov. 16, 1990, 104 Stat. 2895.)

-REFTEXT-

REFERENCES IN TEXT

Section 5532 of title 5, referred to in subsec. (a)(4), was

repealed by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct.

5, 1999, 113 Stat. 664.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

1990 - Subsec. (a)(4). Pub. L. 101-557 and Pub. L. 101-589

amended par. (4) identically, striking out at end ''The first

sentence of this paragraph shall not, in the case of any

individual, apply longer than December 31, 1990.''

1989 - Pub. L. 101-208 amended section generally. Prior to

amendment, section read as follows:

''(a) There shall be an Executive Secretary of the Foundation who

shall be appointed by the Board. The Executive Secretary shall be

the chief executive officer of the Foundation and shall carry out

the functions of the Foundation subject to the supervision and

direction of the Board.

''(b) The Executive Secretary of the Foundation shall be

compensated at the rate specified for employees placed in grade

GS-18 of the General Schedule set forth in section 5332 of title

5.''

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-CITE-

20 USC Sec. 4513 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4513. Administrative provisions

-STATUTE-

(a) General powers

The Foundation is authorized -

(1) to appoint and fix the compensation of such personnel as

may be necessary to carry out this chapter, (FOOTNOTE 1) without

regard to the provisions of title 5 governing appointments in the

competitive service, but at General Schedule pay rates not in

excess of the maximum rate for grade GS-15 of the General

Schedule under section 5332 of that title;

(FOOTNOTE 1) See References in Text note below.

(2) to procure temporary and intermittent services of such

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 grade GS-18 in section

5332 of such title;

(3) to prescribe such regulations as it deems necessary

governing the manner in which its functions shall be carried out;

(4) to receive money and other property donated, bequeathed, or

devised, without condition or restriction other than it be used

for the purposes of the Foundation; and to use, sell, or

otherwise dispose of such property for the purpose of carrying

out its functions;

(5) to accept and utilize the services of voluntary and

noncompensated personnel and reimburse them for travel expenses,

including per diem, as authorized by section 5703 of title 5;

(6) to 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, be

entered into without performance or other bonds, and without

regard to section 5 of title 41;

(7) to make advances, progress, and other payments which the

Board deems necessary under this chapter without regard to the

provisions of section 3324(a) and (b) of title 31;

(8) to rent office space in the District of Columbia or its

environs;

(9) to conduct programs in addition to or in conjunction with

the Fellowship program which shall further the Foundation's

purpose of encouraging research and study of constitutionalism in

America;

(10) to expend not more than 5 percent of its annual operating

budget to pay the costs of fundraising activities, including

public and private gatherings; and

(11) to make other necessary expenditures.

(b) Annual report

The foundation (FOOTNOTE 2) shall submit to the President and to

the Congress an annual report of its operations under this chapter.

(FOOTNOTE 2) So in original. Probably should be capitalized.

(c) Detailing of agency personnel to Foundation

On request of the Chairman of the Foundation, the head of a

Federal agency may detail personnel of the agency to the Foundation

to assist the Foundation in carrying out this chapter. (FOOTNOTE 1)

Details under this subsection shall be without reimbursement by the

Foundation to the agency from which personnel are detailed.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 814), Oct. 18, 1986,

100 Stat. 1783-39, 1783-80, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 814), Oct. 30, 1986, 100 Stat. 3341-39, 3341-80; Pub. L.

101-208, Sec. 3, Dec. 7, 1989, 103 Stat. 1837.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(1) and (c), was in the

original ''this Act'' and was translated as reading ''this title''

meaning title VIII of section 101(b) of Pub. L. 99-500 and Pub. L.

99-591 which enacted this chapter, to reflect the probable intent

of Congress.

Provisions of title 5 governing appointments in the competitive

service, referred to in subsec. (a)(1), are classified generally to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-COD-

CODIFICATION

In subsec. (a)(7), ''section 3324(a) and (b) of title 31''

substituted for ''section 529 of title 31'' on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

1989 - Subsec. (a)(1). Pub. L. 101-208, Sec. 3(1)(A), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''to 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 Secretary be

compensated at a rate to exceed the rate provided for employees in

grade GS-15 of the General Schedule set forth in section 5332 of

title 5;''.

Subsec. (a)(8). Pub. L. 101-208, Sec. 3(1)(B), amended par. (8)

generally. Prior to amendment, par. (8) read as follows: ''to rent

office space;''.

Subsec. (a)(10), (11). Pub. L. 101-208, Sec. 3(1)(C)-(E), added

par. (10) and redesignated former par. (10) as (11).

Subsec. (c). Pub. L. 101-208, Sec. 3(2), added subsec. (c).

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to submitting an annual report to

Congress, see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance, and

page 176 of House Document No. 103-7.

-CITE-

20 USC Sec. 4514 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4514. Definitions

-STATUTE-

As used in this chapter -

(1) the term ''Board'' means the Board of Trustees of the James

Madison Memorial Fellowship Foundation;

(2) the term ''Foundation'' means the James Madison Memorial

Fellowship Foundation;

(3) the term ''institution of higher education'' has the same

meaning given that term by section 1001 of this title; and

(4) the term ''secondary school'' has the same meaning given

that term by section 7801 of this title.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 815), Oct. 18, 1986,

100 Stat. 1783-39, 1783-81, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 815), Oct. 30, 1986, 100 Stat. 3341-39, 3341-81; Pub. L.

105-244, title I, Sec. 102(a)(6)(G), Oct. 7, 1998, 112 Stat. 1618;

Pub. L. 107-110, title X, Sec. 1076(m), Jan. 8, 2002, 115 Stat.

2092.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

AMENDMENTS

2002 - Par. (4). Pub. L. 107-110 substituted ''7801'' for

''8801''.

1998 - Par. (3). Pub. L. 105-244, Sec. 102(a)(6)(G)(i),

substituted ''section 1001'' for ''section 1141(a)''.

Par. (4). Pub. L. 105-244, Sec. 102(a)(6)(G)(ii), substituted

''section 8801'' for ''section 1141(d)''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

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.

-CITE-

20 USC Sec. 4515 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4515. Appropriations

-STATUTE-

There are appropriated to the James Madison Memorial Trust Fund

$20,000,000 to carry out the provisions of this chapter,

$10,000,000 of which shall be available on November 1, 1987, and to

remain available until expended; and $10,000,000 of which shall be

available on November 1, 1988, and to remain available until

expended.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 816), Oct. 18, 1986,

100 Stat. 1783-39, 1783-81, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 816), Oct. 30, 1986, 100 Stat. 3341-39, 3341-81.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-

20 USC Sec. 4516 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4516. Constitutional Law Resource Centers

-STATUTE-

(a) Establishment

It is the purpose of this section to establish four centers where

nationally recognized distinguished experts in Constitutional law

will produce, on a periodic basis, articles of current interest

relating to the Constitution of the United States which are

suitable for use by James Madison scholars, educational

institutions, law school reviews, bar associations, and the news

media.

(b) Endowments

In order to encourage recipient universities to provide such a

continuing service, four endowments shall be established with funds

from appropriations provided herein and such other amounts as may

be contributed from other sources.

(c) Chair for Professor of Constitutional Law

The income from each endowment shall be used to help support a

chair for a Professor of Constitutional law. (FOOTNOTE 1) Each

endowment shall be held in trust with the income from the portion

provided herein used exclusively to contribute toward the salary

and related costs of the professor filling the chair and for

services directly related to the support of such professor such as

secretarial and research services. The recipient university shall

from sources other than that portion of the endowment funded herein

furnish the office, classroom and related services suitable to such

a member of the faculty.

(FOOTNOTE 1) So in original. Probably should be capitalized.

The professor holding each chair shall file a copy of such

articles with the Library of Congress, which shall make them

available to libraries in the usual manner and the recipient of the

endowment shall also make a copy available upon request by

accredited educational institutions, bar associations, and general

news media without royalty or charge other than the costs

associated with printing or reprinting, handling and distribution.

(d) Investment of endowment

That portion of each endowment provided by this chapter (FOOTNOTE

2) and any accumulations attributable to such grant shall be

invested by the recipient university in interest bearing

obligations of the United States or in obligations guaranteed both

as to principal and interest by the United States and shall be

subject to audit by the General Accounting Office for the sole

purpose of determining that such funds are accounted for or have

been used as provided herein. If a grantee university elects to

discontinue such chair and support services, the corpus of the

endowment attributable to the Federal grant shall revert to the

Treasury of the United States.

(FOOTNOTE 2) See References in Text note below.

(e) Application for grant of endowment

The application for the grant for an endowment shall require only

such information and supporting material as is reasonably necessary

to assure that the funds will be used for the purposes described

herein. Acceptance of the grant by each university shall

constitute an agreement and obligation of that university to

fulfill the obligations set forth in this section.

(f) Amount of grant of endowment; recipients of offer

The grants for each endowment shall be for $800,000 and shall be

offered to Howard University School of Law in Washington, D.C.,

Drake University School of Law in Des Moines, Iowa, the University

of Akron School of Law in Akron, Ohio, and the University of South

Carolina School of Law at Columbia, South Carolina.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 817), Oct. 18, 1986,

100 Stat. 1783-39, 1783-81, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 817), Oct. 30, 1986, 100 Stat. 3341-39, 3341-81.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d), was in the original

''this Act'' and was translated as reading ''this title'' meaning

title VIII of section 101(b) of Pub. L. 99-500 and Pub. L. 99-591

which enacted this chapter, to reflect the probable intent of

Congress.

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-MISC3-

TEMPORARY AUTHORITY TO RECEIVE, REVIEW, AND CERTIFY FOR PAYMENT

GRANT APPLICATIONS

Pub. L. 100-202, Sec. 101(a) (title V, Sec. 501), Dec. 22, 1987,

101 Stat. 1329, 1329-29, provided in part: ''That until the Board

of Trustees of the James Madison Memorial Fellowship Foundation is

appointed, the Commission on the Bicentennial of the United States

Constitution is authorized to receive, review and certify for

payment the applications for grants of endowment funds for the

establishment of Constitutional Law Resource Centers as provided

and appropriated under the James Madison Memorial Fellowship Act,

title VIII, sections 817 and 818, Public Law 99-500 and Public Law

99-591 (20 U.S.C. 4516, 4517)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4517 of this title.

-CITE-

20 USC Sec. 4517 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 57 - JAMES MADISON MEMORIAL FELLOWSHIP PROGRAM

-HEAD-

Sec. 4517. Appropriations for universities

-STATUTE-

There is hereby appropriated to each recipient University named

above or to the trustee of the fund designated by the President of

the University the sum of $800,000 to carry out the provisions of

section 4516 of this title, to be available on November 1, 1987,

and to remain available until expended.

-SOURCE-

(Pub. L. 99-500, Sec. 101(b) (title VIII, Sec. 818), Oct. 18, 1986,

100 Stat. 1783-39, 1783-82, and Pub. L. 99-591, Sec. 101(b) (title

VIII, Sec. 818), Oct. 30, 1986, 100 Stat. 3341-39, 3341-82.)

-COD-

CODIFICATION

Pub. L. 99-591 is a corrected version of Pub. L. 99-500.

-CITE-