20 U.S.C. § 3475

Contracts

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(a) Authorization of Secretary

Subject to the provisions of chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary is authorized to make, enter into, and perform such contracts, grants, leases, cooperative agreements, or other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and to make such payments, by way of advance or reimbursement, as the Secretary may determine necessary or appropriate to carry out functions of the Secretary or the Department.

(b) Limitations

Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subchapter shall be effective except to such extent or in such amounts as are provided in advance under appropriation Acts. This subsection shall not apply with respect to the authority granted under section 3481 of this title.

(Pub. L. 96–88, title IV, § 415, Oct. 17, 1979, 93 Stat. 685.)Editorial NotesCodification

In subsec. (a), “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Notes of Decisions

Cited in 2 cases, 1984–1985 · leading case: United States v. Bd. of Educ. of City of Chicago, 588 F. Supp. 132 (N.D. Ill. 1984).

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United States v. Bd. of Educ. of City of Chicago, 588 F. Supp. 132 (N.D. Ill. 1984). “20 U.S.C. § 3475 . Secretary has the authority to find that payments or grants to Board, deriving from a Title VI action instituted by Secretary, are appropriate to carry out an agency function.”

United States v. Bd. of Educ., 624 F. Supp. 842 (N.D. Ill. 1985). “One of “the provisions of this Chapter” is 20 U.S.C. § 3475 (a), which says: *849 We have carefully examined the Board’s arguments and the legislative history (which again is inconclusive) and conclude largely for the reasons stated above that these sections, like § 3413, do not…”

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