US (United States) Code. Title 20. Chapter 3: Smithsonian Institution, national museums and art galleries

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

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 184 páginas
publicidad

-CITE-

20 USC CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL

MUSEUMS AND ART GALLERIES 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

.

-HEAD-

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

-MISC1-

SUBCHAPTER I - CHARTER PROVISIONS

Sec.

41. Incorporation of institution.

42. Board of Regents; members.

43. Appointment of regents; terms of office; vacancies.

44. Organization of board; expenses; gratuitous services.

45. Special meetings of members.

46. Duties of Secretary.

46a. Employment of aliens by Secretary.

47. Acting Secretary.

48. Salary and removal of Secretary and assistants.

49. Omitted.

50. Reception and arrangement of specimens and objects of art.

50a. Gellatly art collection; estimates of sums needed for

preservation and maintenance.

51. Library.

52. Evidence of title to site and buildings.

53. Protection of property.

53a. Authorization of appropriations.

54. Appropriation of interest.

55. Acceptance of other sums.

56. Disposal of unappropriated money.

57. Disbursements.

58. Omitted.

59. Collections of National Ocean Survey, United States Geological

Survey, and others deposited in National Museum.

60. Army articles furnished to National Museum.

61 to 65. Repealed.

65a. Director of the National Museum.

(a) Duties; programs and studies; annual report to

Congress.

(b) Authorization of appropriations.

66. Repealed.

67. Right of repeal.

68. Repealed.

69. Anthropological researches; cooperation of Institution with

States, educational institutions, or scientific organizations.

70. Authorization of appropriations; cooperative work.

SUBCHAPTER II - NATIONAL GALLERY OF ART

71. Designation of site.

71a. Additions; payment of construction costs from trust funds.

71b. Status of completed addition.

72. Board of Trustees.

(a) Establishment.

(b) Method of selection; term of office.

73. Acceptance of gift from A. W. Mellon.

74. Maintenance.

(a) Pledge of funds for upkeep; authorization of

appropriations.

(b) Acceptance of gifts and other property;

investment of funds.

(c) Appointment and compensation of officers and

employees.

(d) Review of actions of board.

74a. Permanent loan of funds by Board of Trustees to Treasury;

semiannual interest payments to Board.

75. Authority and functions of the board.

(a) Official seal; bylaws, rules, and regulations;

quorum.

(b) Quality of works of art.

(c) Powers and obligations.

(d) Annual reports.

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

75a. Definitions.

75b. Establishment of National Portrait Gallery; functions.

75c. Creation of National Portrait Gallery Commission; members;

functions; powers.

75d. Acceptance of gifts; title to property.

75e. Powers of Board.

75f. Director; appointment and compensation; officers and

employees.

75g. Authorization of appropriations.

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

76, 76a. Omitted.

76b. Functions of Regents.

(a) Solicitation of construction funds.

(b) Construction of building.

(c) Name of building; supervision and control.

76c. Policy to foster appreciation of past and contemporary art.

(a) Solicitations of private donations.

(b) Solicitation of funds to acquire and sell works

of art; employ artists, award scholarships,

etc.

76d. Donations of works of art from Government agencies.

76e. Housing or exhibiting objects of art possessed by Smithsonian

Institution.

76f. Appointment, compensation, and duties of Director of Gallery;

personnel.

76g. Authorization of appropriations.

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

76h. Board of Trustees.

(a) Establishment.

(b) General trustees.

(c) Advisory Committee on the Arts.

76i. John F. Kennedy Center for the Performing Arts.

(a) In general.

(b) Parking garage additions and site improvements.

76j. Duties of Board.

(a) Programs, activities, and goals.

(b) Restriction on additional memorials.

76k. Powers of Board.

(a) Solicitation and acceptance of gifts.

(b) Appointment of officers and employees.

(c) Transfer of property.

(d) Transfer of personnel.

(e) Review of Board actions.

(f) Collective bargaining.

(g) Pedestrian and vehicular access.

76l. Official seal, Board vacancies and quorum, trustee powers and

obligations, reports, support services, and review and audit.

(a) Adoption of seal; Board function notwithstanding

vacancies; quorum.

(b) Powers and obligations of Board in respect of

trust funds.

(c) Annual report of operations and finances.

(d) Inspector General.

(e) Property and personnel compensation.

76m, 76n. Repealed.

76o. Borrowing authority to finance parking facilities.

(a) Revenue bonds.

(b) Interest.

(c) Kennedy Center Revenue Bond Sinking Fund.

76p. Acceptance and disposition of gifts to the United States

contributed in honor or memory of the late President John F.

Kennedy.

76q. Sole national memorial to the late John F. Kennedy within the

city of Washington and environs.

76q-1. John F. Kennedy Center Plaza.

(a) Definitions.

(b) Responsibilities of the Secretary.

(c) Responsibilities of the Board.

(d) Responsibilities of the District of Columbia.

(e) Ownership.

(f) National highway boundaries.

76r. Authorization of appropriations.

(a) Maintenance, repair, and security.

(b) Capital projects.

(c) John F. Kennedy Center Plaza.

(d) Limitation on use of funds.

76s. Definitions.

SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

76aa. Site for museum and sculpture garden.

(a) Appropriation and availability.

(b) Powers and duties of Board of Regents.

76bb. Joseph H. Hirshhorn Museum and Sculpture Garden.

(a) Designation; administration by Board of Regents;

cooperation of Board with Secretary of the

Interior.

(b) Federal funds.

(c) Uses.

76cc. Board of Trustees.

(a) Establishment; powers and duties.

(b) Membership; appointment; terms of office;

vacancies.

76dd. Director, administrator, curators, and other personnel;

appointment, compensation, and duties.

76ee. Authorization of appropriations.

SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM

77. National Air and Space Museum.

(a) Establishment; board; administration;

reimbursement of expenses.

(b) Appointment and compensation of head of museum.

77a. Functions of museum.

77b. Repealed.

77c. Museum board.

(a) Seal; regulations; vacancies.

(b) Annual report.

77d. Transfer or loan of aeronautical or space flight equipment to

museum.

SUBCHAPTER VIII - PALEONTOLOGICAL INVESTIGATIONS

78. Cooperation of Smithsonian Institution with State institutions

for continuing paleontological investigations.

78a. Authorization of appropriations; availability of funds; limit

on use of funds during fiscal year; supervision; rules and

regulations.

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

79. Barro Colorado Island in Gatun Lake to be set aside.

79a. Preservation of natural features for scientific observation

and investigation.

79b. Functions of Smithsonian Institution.

79c. Resident manager; powers and duties; compensation.

79d. Deposit of receipts into Treasury; disbursements.

79e. Authorization of appropriations.

SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

80. National Armed Forces Museum Advisory Board.

(a) Establishment; functions.

(b) Membership.

(c) Term of office; vacancies.

(d) Quorum.

(e) Compensation, travel and other expenses.

(f) Biennial organization; rules and regulations.

80a. Display of contributions of Armed Forces.

(a) Study center; historical collections.

(b) National Air and Space Museum provisions

unaffected.

80b. Selection of site.

(a) Authorization of Board of Regents; submission of

recommendations to Congress.

(b) Public exhibits and study collections; exhibits

of military and naval operations.

80c. Transfer or loan of objects, equipment and records to

Smithsonian Institution.

80d. Authorization of appropriations.

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

80e. Congressional declaration of policy.

80f. Woodrow Wilson International Center for Scholars; Board of

Trustees of the Center.

(a) Establishment.

(b) Composition of Board.

(c) Appointment of alternate members by members of

Board.

(d) Terms of office; vacancies; reappointment.

(e) Chairman and Vice Chairman of Board.

80g. Powers and duties of Board.

(a) Appointment of scholars; gifts, bequests, etc.;

grants; location of Center; physical

facilities; compensation of officers; plans and

specifications for Center.

(b) Relocation assistance and programs.

80g-1. Hubert H. Humphrey Fellowship in Social and Political

Thought.

(a) Establishment in Center.

(b) Selection of Humphrey Fellow; term; compensation.

(c) Functions of Humphrey Fellow; publication and

dissemination by Board of Memorial Lectures.

(d) Hubert H. Humphrey Fellowship Trust Fund;

establishment, composition, investments, etc.

(e) Payments to Board from investments for

implementation of Fellowship purposes.

(f) Authorization of appropriations.

80h. Administration; quorum.

80i. Authorization of appropriations; limitations.

80j. Audit of accounts.

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

80k. Donation and transfer of lands and improvements, works of art,

and other assets and property of Museum of African Art to

Smithsonian Institution.

80l. Establishment of Museum of African Art; functions.

80m. Powers of Board.

(a) Acquisition, retention, and disposition of

property; research and education programs.

(b) Recommendations of Commission.

80n. Commission for the Museum of African Art.

(a) Establishment; duties.

(b) Membership.

(c) Terms of office.

(d) Quorum; vacancies.

(e) Travel, subsistence, and other expenses.

(f) Selection of officers; bylaws.

80o. Director, officers, and employees; appointment, compensation,

and duties.

80p. Funding.

(a) Federal funds for Museum.

(b) Authorization of appropriations.

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

80q. Findings.

80q-1. National Museum of the American Indian.

(a) Establishment.

(b) Purposes.

80q-2. Authority of Board of Regents to enter into agreement

providing for transfer of Heye Foundation assets to Smithsonian

Institution.

80q-3. Board of Trustees of National Museum of the American Indian.

(a) In general.

(b) General duties and powers.

(c) Sole authority.

(d) Authority.

(e) Initial appointments to Board of Trustees.

(f) Subsequent appointments to Board of Trustees.

(g) Quorum.

(h) Expenses.

80q-4. Director and staff of National Museum.

(a) In general.

(b) Offer of employment to Heye Foundation employees.

(c) Applicability of certain civil service laws.

80q-5. Museum facilities.

(a) National Museum mall facility.

(b) National Museum Heye Center facility.

(c) Museum Support Center facility.

(d) Minimum square footage.

(e) Authority to contract with GSA.

(f) Limitation on obligation of Federal funds.

80q-6. Custom House office space and auditorium.

(a) Repairs and alterations.

(b) Authorization of appropriation.

80q-7. Audubon Terrace.

(a) In general.

(b) Determination of charges.

(c) Definition.

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.

(b) Indian programs.

(c) Indian Museum Management Fellowships.

(d) Authorization of appropriations.

80q-9. Inventory, identification, and return of Indian human

remains and Indian funerary objects in possession of Smithsonian

Institution.

(a) Inventory and identification.

(b) Notice in case of identification of tribal

origin.

(c) Return of Indian human remains and associated

Indian funerary objects.

(d) Return of Indian funerary objects not associated

with Indian human remains.

(e) Interpretation.

(f) Authorization of appropriations.

80q-9a. Summary and repatriation of unassociated funerary objects,

sacred objects, and cultural patrimony.

(a) Summary.

(b) Repatriation.

(c) Standard of repatriation.

(d) Museum obligation.

(e) Statutory construction.

(f) ''Native Hawaiian organization'' defined.

80q-10. Special committee to review inventory, identification, and

return of Indian human remains and Indian funerary objects.

(a) Establishment; duties.

(b) Membership.

(c) Access.

(d) Pay and expenses of members.

(e) Rules and administrative support.

(f) Report and termination.

(g) Nonapplicability of Federal Advisory Committee

Act.

(h) Authorization of appropriations.

80q-11. Inventory, identification, and return of Native Hawaiian

human remains and Native Hawaiian funerary objects in possession

of Smithsonian Institution.

(a) In general.

(b) Definitions.

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.

(b) Authorization of appropriations.

80q-13. Grants by Secretary of the Interior to assist Indian

organizations with respect to renovation and repair of museum

facilities and exhibit facilities.

(a) Grants.

(b) Indian organization contribution.

(c) Tribal Museum Endowment Fund.

80q-14. Definitions.

80q-15. Authorization of appropriations.

(a) Funding.

(b) Period of availability.

-CITE-

20 USC SUBCHAPTER I - CHARTER PROVISIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

.

-HEAD-

SUBCHAPTER I - CHARTER PROVISIONS

-CITE-

20 USC Sec. 41 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 41. Incorporation of institution

-STATUTE-

The President, the Vice President, the Chief Justice, and the

heads of executive departments are constituted an establishment by

the name of the Smithsonian Institution for the increase and

diffusion of knowledge among men, and by that name shall be known

and have perpetual succession with the powers, limitations, and

restrictions hereinafter contained, and no other.

-SOURCE-

(R.S. Sec. 5579; Feb. 27, 1877, ch. 69, 19 Stat. 253; Mar. 12,

1894, ch. 36, 28 Stat. 41.)

-COD-

CODIFICATION

R.S. Sec. 5579 derived from acts Aug. 10, 1846, ch. 178, Sec. 1,

9 Stat. 102; Mar. 20, 1871, ch. 1, 17 Stat. 1.

R.S. Sec. 5579 to 5594 (codified as sections 41 to 46, 48, 50, 51

to 53, 54 to 57, and 67 of this title) constituted Title 73 of the

Revised Statutes, entitled ''The Smithsonian Institution.'' A

preamble to these sections was as follows: ''James Smithson,

esquire, of London, in the kingdom of Great Britain, having by his

last will and testament given the whole of his property to the

United States of America, to found, at Washington, under the name

of the 'Smithsonian Institution,' an establishment for the increase

and diffusion of knowledge among men; and the United States having,

by an act of Congress, received said property and accepted said

trust; therefore, for the faithful execution of said trust,

according to the will of the liberal and enlightened donor.''

R.S. Sec. 5579, as originally enacted, constituted the President,

the Vice-President, the Secretaries of State, the Treasury, War,

and the Navy, the Postmaster-General, the Attorney-General, the

Chief Justice, the Commissioner of the Patent Office, and the

Governor of the District of Columbia, and such persons as they

might elect honorary members, an establishment by the name of the

''Smithsonian Institution,'' for the purposes and with the powers

specified in the section as set forth here.

-MISC3-

AMENDMENTS

1894 - Act Mar. 12, 1894, substituted ''the Chief Justice, and

heads of executive departments'' for ''the Secretary of State, the

Secretary of the Treasury, the Secretary of War, the Secretary of

the Navy, the Postmaster-General, the Attorney General, the Chief

Justice, the Commissioner of Patents, the governor of the District

of Columbia, and other such persons as they may elect honorary

members''.

1877 - Act Feb. 27, 1877, substituted ''Patents'' for ''Patent

Office''.

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-674, Sec. 1, Oct. 15, 1966, 80 Stat. 953, provided:

''That this Act (enacting section 65a of this title and repealing

section 65 of this title) may be cited as the 'National Museum Act

of 1966'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 42 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 42. Board of Regents; members

-STATUTE-

(a) The business of the Institution shall be conducted at the

city of Washington by a Board of Regents, named the Regents of the

Smithsonian Institution, to be composed of the Vice President, the

Chief Justice of the United States, three Members of the Senate,

three Members of the House of Representatives, and nine other

persons, other than Members of Congress, two of whom shall be

resident in the city of Washington, and seven of whom shall be

inhabitants of some State, but no two of them of the same State.

(b) Notwithstanding any other provision of law, the Board of

Regents of the Smithsonian Institution may modify the number of

members, manner of appointment of members, or tenure of members, of

the boards or commissions under the jurisdiction of the Smithsonian

Institution, other than -

(1) the Board of Regents of the Smithsonian Institution; and

(2) the boards or commissions of the National Gallery of Art,

the John F. Kennedy Center for the Performing Arts, and the

Woodrow Wilson International Center for Scholars.

-SOURCE-

(R.S. Sec. 5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Pub. L.

91-551, Sec. 1(a), Dec. 15, 1970, 84 Stat. 1439; Pub. L. 105-277,

div. A, Sec. 101(e) (title III, Sec. 355), Oct. 21, 1998, 112

Stat. 2681-231, 2681-303.)

-COD-

CODIFICATION

R.S. Sec. 5580 derived from acts Aug. 10, 1846, ch. 178, Sec. 3,

9 Stat. 103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871,

ch. 1, 17 Stat. 1.

-MISC3-

AMENDMENTS

1998 - Pub. L. 105-277 designated existing provisions as subsec.

(a) and added subsec. (b).

1970 - Pub. L. 91-551 authorized three additional persons on the

Board of Regents.

1894 - Act Mar. 12, 1894, struck out ''the governor of the

District of Columbia'' after ''the Chief Justice of the United

States,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 43 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 43. Appointment of regents; terms of office; vacancies

-STATUTE-

The regents to be selected shall be appointed as follows: The

Members of the Senate by the President thereof; the Members of the

House by the Speaker thereof; and the nine other persons by joint

resolution of the Congress. The Members of the House so appointed

shall serve for the term of two years; and on every alternate

fourth Wednesday of December a like number shall be appointed in

the same manner to serve until the fourth Wednesday in December, in

the second year succeeding their appointment. The Senators so

appointed shall serve during the term for which they shall hold,

without re-election, their office as Senators. Vacancies,

occasioned by death, resignation, or otherwise, shall be filled as

vacancies in committees are filled. The regular term of service

for the other nine members shall be six years; and new elections

thereof shall be made by joint resolutions of Congress. Vacancies

occasioned by death, resignation, or otherwise may be filled in

like manner by joint resolution of Congress.

-SOURCE-

(R.S. Sec. 5581; Pub. L. 91-551, Sec. 1(b), (c), Dec. 15, 1970, 84

Stat. 1440.)

-COD-

CODIFICATION

R.S. Sec. 5581 derived from act Aug. 10, 1846, ch. 178, Sec. 3, 9

Stat. 103.

-MISC3-

AMENDMENTS

1970 - Pub. L. 91-551 authorized appointment of three additional

members of the board by joint resolution of Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 44 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 44. Organization of board; expenses; gratuitous services

-STATUTE-

The Board of Regents shall meet in the city of Washington and

elect one of their number as chancellor, who shall be the presiding

officer of the Board of Regents, and called the chancellor of the

Smithsonian Institution, and a suitable person as Secretary of the

institution, who shall also be the secretary of the Board of

Regents. The board shall also elect three of their own body as an

executive committee, and shall fix the time for the regular

meetings of the board; and, on application of any three of the

regents to the Secretary of the institution, it shall be his duty

to appoint a special meeting of the Board of Regents, of which he

shall give notice, by letter, to each of the members; and, at any

meeting of the board, eight shall constitute a quorum to do

business. Each member of the board shall be paid his necessary

traveling and other actual expenses, in attending meetings of the

board, which shall be audited by the executive committee, and

recorded by the Secretary of the board; but his service as regent

shall be gratuitous.

-SOURCE-

(R.S. Sec. 5582; Pub. L. 91-551, Sec. 1(d), Dec. 15, 1970, 84 Stat.

1440.)

-COD-

CODIFICATION

R.S. Sec. 5582 derived from act Aug. 10, 1846, ch. 178, Sec. 3, 9

Stat. 103.

-MISC3-

AMENDMENTS

1970 - Pub. L. 91-551 increased number of members required to

constitute a quorum from five to eight.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 45 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 45. Special meetings of members

-STATUTE-

The members of the institution may hold stated and special

meetings, for the supervision of the affairs of the institution and

the advice and instruction of the Board of Regents, to be called in

the manner provided for in the by-laws of the institution, at which

the President, and in his absence the Vice President, shall

preside.

-SOURCE-

(R.S. Sec. 5585.)

-COD-

CODIFICATION

R.S. Sec. 5585 derived from act Aug. 10, 1846, ch. 178, Sec. 8, 9

Stat. 103.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 46 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 46. Duties of Secretary

-STATUTE-

The Secretary of the Board of Regents shall take charge of the

building and property of the institution, and shall, under their

direction, make a fair and accurate record of all their

proceedings, to be preserved in the institution until no longer

needed in conducting current business; and shall also discharge the

duties of librarian and of keeper of the museum, and may, with the

consent of the Board of Regents, employ assistants.

-SOURCE-

(R.S. Sec. 5583; Oct. 25, 1951, ch. 562, Sec. 2(4), 65 Stat. 639.)

-COD-

CODIFICATION

R.S. Sec. 5583 derived from act Aug. 10, 1846, ch. 178, Sec. 7, 9

Stat. 105.

-MISC3-

AMENDMENTS

1951 - Act Oct. 25, 1951, inserted ''until no longer needed in

conducting current business''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 46a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 46a. Employment of aliens by Secretary

-STATUTE-

The Secretary of the Smithsonian Institution, subject to adequate

security and other investigations as he may determine to be

appropriate, and subject further to a prior determination by him

that no qualified United States citizen is available for the

particular position involved, is authorized to employ and

compensate aliens in a scientific or technical capacity at

authorized rates of compensation without regard to statutory

provisions prohibiting payment of compensation to aliens.

-SOURCE-

(Pub. L. 88-549, Aug. 31, 1964, 78 Stat. 754.)

-CITE-

20 USC Sec. 47 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 47. Acting Secretary

-STATUTE-

The chancellor of the Smithsonian Institution may, by an

instrument in writing filed in the office of the Secretary thereof,

designate and appoint a suitable person to act as Secretary of the

Institution when there shall be a vacancy in said office, and

whenever the Secretary shall be unable from illness, absence, or

other cause to perform the duties of his office; and in such case

the person so appointed may perform all the duties imposed on the

Secretary by law until the vacancy shall be filled or such

inability shall cease. The said chancellor may change such

designation and appointment from time to time as the interests of

the Institution may in his judgment require.

-SOURCE-

(May 13, 1884, ch. 44, 23 Stat. 21.)

-MISC1-

PRIOR PROVISIONS

Similar prior provisions were contained in act Jan. 24, 1879, ch.

21, 20 Stat. 264.

-CITE-

20 USC Sec. 48 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 48. Salary and removal of Secretary and assistants

-STATUTE-

The Secretary and his assistants shall, respectively, receive for

their services such sum as may be allowed by the Board of Regents;

and shall be removable by the Board of Regents whenever, in their

judgment, the interests of the institution require such removal.

-SOURCE-

(R.S. Sec. 5584.)

-COD-

CODIFICATION

R.S. Sec. 5584 derived from act Aug. 10, 1846, ch. 178, Sec. 7, 9

Stat. 105.

Provisions which related to semi-annual payments on the first day

of January and July have been omitted.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 49 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 49. Omitted

-COD-

CODIFICATION

Section, act Oct. 2, 1888, ch. 1069, 25 Stat. 529, which required

the Secretary of the Smithsonian Institution to submit to Congress

annually a detailed statement of expenditures under appropriations

for ''International Exchanges,'' ''North American Ethnology,'' and

the ''National Museum,'', terminated, effective May 15, 2000,

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as

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

also, page 192 of House Document No. 103-7.

-CITE-

20 USC Sec. 50 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 50. Reception and arrangement of specimens and objects of art

-STATUTE-

Whenever suitable arrangements can be made from time to time for

their reception, all objects of art and of foreign and curious

research, and all objects of natural history, plants, and

geological and mineralogical specimens belonging to the United

States, which may be in the city of Washington, in whosesoever

custody they may be, shall be delivered to such persons as may be

authorized by the Board of Regents to receive them, and shall be so

arranged and classified in the building erected for the institution

as best to facilitate the examination and study of them; and

whenever new specimens in natural history, geology, or mineralogy

are obtained for the museum of the institution, by exchanges of

duplicate specimens, which the Regents may in their discretion

make, or by donation, which they may receive, or otherwise, the

Regents shall cause such new specimens to be appropriately classed

and arranged. The minerals, books, manuscripts, and other property

of James Smithson, which have been received by the Government of

the United States, shall be preserved separate and apart from other

property of the institution.

-SOURCE-

(R.S. Sec. 5586.)

-COD-

CODIFICATION

R.S. Sec. 5586 derived from act Aug. 10, 1846, ch. 178, Sec. 6, 9

Stat. 105.

-MISC3-

COLLECTION AND PRESERVATION OF ARTIFACTS RELATING TO SEPTEMBER 11TH

ATTACKS

Pub. L. 107-117, div. B, Sec. 701, Jan. 10, 2002, 115 Stat.

2311, provided that:

''(a) In General. - The Secretary of the Smithsonian Institution

shall collect and preserve in the National Museum of American

History artifacts relating to the September 11th attacks on the

World Trade Center and the Pentagon.

''(b) Types of Artifacts. - In carrying out subsection (a), the

Secretary of the Smithsonian Institution shall consider collecting

and preserving -

''(1) pieces of the World Trade Center and the Pentagon;

''(2) still and video images made by private individuals and

the media;

''(3) personal narratives of survivors, rescuers, and

government officials; and

''(4) other artifacts, recordings, and testimonials that the

Secretary of the Smithsonian Institution determines have lasting

historical significance.

''(c) Authorization of Appropriations. - There is authorized to

be appropriated to the Smithsonian Institution $5,000,000 to carry

out this section.''

SMITHSONIAN ASTROPHYSICAL OBSERVATORY SUBMILLIMETER ARRAY;

AUTHORIZATION OF CONSTRUCTION AND APPROPRIATIONS

Pub. L. 106-383, Oct. 27, 2000, 114 Stat. 1459, provided that:

''SECTION 1. FACILITY AUTHORIZED.

''The Board of Regents of the Smithsonian Institution is

authorized to plan, design, construct, and equip laboratory,

administrative, and support space to house base operations for the

Smithsonian Astrophysical Observatory Submillimeter Array located

on Mauna Kea at Hilo, Hawaii.

''SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated to the Board of Regents

of the Smithsonian Institution to carry out this Act, $2,000,000

for fiscal year 2001, and $2,500,000 for fiscal year 2002, which

shall remain available until expended.''

SMITHSONIAN INSTITUTION TRANSPORTATION PROGRAM

Pub. L. 105-178, title I, Sec. 1214(b), June 9, 1998, 112 Stat.

204, provided that:

''(1) In general. - The Secretary (of Transportation) shall

allocate amounts made available by this subsection for obligation

at the discretion of the Secretary of the Smithsonian Institution,

in consultation with the Secretary, to carry out projects and

activities described in paragraph (2).

''(2) Eligible uses. - Amounts allocated under paragraph (1) may

be obligated only -

''(A) for transportation-related exhibitions, exhibits, and

educational outreach programs;

''(B) to enhance the care and protection of the Nation's

collection of transportation-related artifacts;

''(C) to acquire historically significant

transportation-related artifacts; and

''(D) to support research programs within the Smithsonian

Institution that document the history and evolution of

transportation, in cooperation with other museums in the United

States.

''(3) Authorization of appropriations. - There is authorized to

be appropriated out of the Highway Trust Fund (other than the Mass

Transit Account) $1,000,000 for each of fiscal years 1998 through

2003 to carry out this subsection.

''(4) Applicability of title 23. - Funds authorized by this

subsection shall be available for obligation in the same manner as

if such funds were apportioned under chapter 1 of title 23, United

States Code; except that the Federal share of the cost of any

project or activity under this subsection shall be 100 percent and

such funds shall remain available until expended.''

NATIONAL HEALTH MUSEUM

Pub. L. 105-78, title VII, Nov. 13, 1997, 111 Stat. 1524, known

as the National Health Museum Development Act, which provided that

the National Health Museum would be located on or near the Mall,

established the National Health Museum Commission and its duties,

including submission of a report to the President and Congress,

provided that all Commission activities would be administered in

accordance with the Federal Advisory Committee Act, provided for

compensation of Commission members who were not officers or

employees of the U.S., appropriated funds, and specified the

Commission would terminate 60 days after submission of the report,

was repealed, except for section 702, by Pub. L. 107-303, title

III, Sec. 303, Nov. 27, 2002, 116 Stat. 2361. Section 702 of Pub.

L. 105-78 amended section 1067 of Pub. L. 103-337, set out as a

note under section 176 of Title 10, Armed Forces.

WEST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING

Pub. L. 103-151, Nov. 24, 1993, 107 Stat. 1515, provided that:

''SECTION 1. PLANNING, DESIGN, AND CONSTRUCTION OF WEST COURT OF

NATIONAL MUSEUM OF NATURAL HISTORY BUILDING.

''The Board of Regents of the Smithsonian Institution is

authorized to plan, design, and construct the West Court of the

National Museum of Natural History building.

''SEC. 2. FUNDING.

''No appropriated funds may be used to pay any expense of the

planning, design, and construction authorized by section 1.''

EAST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING

Pub. L. 101-455, Oct. 24, 1990, 104 Stat. 1067, as amended by

Pub. L. 103-98, Sec. 1(a), Oct. 6, 1993, 107 Stat. 1015, provided

that:

''SECTION 1. ADDITIONAL SPACE IN NATIONAL MUSEUM OF NATURAL

HISTORY.

''The Board of Regents of the Smithsonian Institution is

authorized to plan, design, construct, and equip approximately

80,000 square feet of space in the East Court of the National

Museum of Natural History building.

''SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

''There is authorized to be appropriated to the Smithsonian

Institution for fiscal year 1991 and succeeding fiscal years not to

exceed $30,000,000 to carry out this Act.''

(Section 1(b) of Pub. L. 103-98 provided that: ''The amendment

made by subsection (a) (amending section 2 of Pub. L. 101-455, set

out above) shall take effect as of October 24, 1990.'')

CHARLES MCC. MATHIAS, JR. LABORATORY FOR ENVIRONMENTAL RESEARCH

Pub. L. 99-617, Sec. 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.''

SMITHSONIAN ASTROPHYSICAL OBSERVATORY AND 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.''

CONSTRUCTION OF NATIONAL MUSEUM OF AFRICAN ART, CENTER FOR EASTERN

ART, AND STRUCTURES FOR RELATED EDUCATIONAL FACILITIES

Pub. L. 97-203, June 24, 1982, 96 Stat. 129, provided: ''That the

Board of Regents of the Smithsonian Institution is authorized to

construct a building for the National Museum of African Art and a

center for Eastern art together with structures for related

educational activities in the area south of the original

Smithsonian Institution Building adjacent to Independence Avenue at

Tenth Street Southwest, in the city of Washington.

''Sec. 2. Effective October 1, 1982, there is authorized to be

appropriated to the Board of Regents of the Smithsonian Institution

$36,500,000 to carry out the purposes of this Act (this note).

Except for funds obligated or expended for planning,

administration, and management expenses, and architectural or other

consulting services, no funds appropriated pursuant to this section

shall be obligated or expended until such time as there is

available to such Board, from private donations or from other

non-Federal sources, a sum which, when combined with the funds so

appropriated, is sufficient to carry out the purposes of this Act.

''Sec. 3. Any portion of the sums appropriated to carry out the

purposes of this Act (this note) 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.''

SMITHSONIAN INSTITUTION; DEVELOPMENT OF PROPERTY ADJACENT TO

ORIGINAL BUILDING

Pub. L. 96-36, July 20, 1979, 93 Stat. 94, provided: ''That the

Board of Regents of the Smithsonian Institution is authorized to

plan for the development of the area south of the original

Smithsonian Institution Building adjacent to Independence Avenue at

Tenth Street, Southwest, in the city of Washington.

''Sec. 2. Effective October 1, 1979, there is authorized to be

appropriated to the Board of Regents of the Smithsonian Institution

$500,000 to carry out the purposes of this Act.

''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.''

SMITHSONIAN INSTITUTION PLANS FOR AND CONSTRUCTION OF MUSEUM

SUPPORT FACILITIES; APPROVAL OF PLANS AND SPECIFICATIONS; SITUS;

TRANSFER OF LAND; APPROPRIATIONS; CONTRACTS BY GENERAL SERVICES

ADMINISTRATION

Pub. L. 94-98, Sept. 19, 1975, 89 Stat. 480, as amended by Pub.

L. 95-569, Nov. 2, 1978, 92 Stat. 2444, provided: ''The Regents of

the Smithsonian Institution are authorized to prepare plans for,

and to construct, museum support facilities to be used for (1) the

care, curation, conservation, deposit, preparation, and study of

the national collections of scientific, historic, and artistic

objects, specimens, and artifacts; (2) the related documentation of

such collections of the Smithsonian Institution; and (3) the

training of museum conservators. No appropriation shall be made to

construct the facilities authorized by this Act until the Committee

on Public Works and Transportation of the House of Representatives

and the Committee on Rules and Administration of the Senate, by

resolution approve the final plans and specifications of such

facilities.

''Sec. 2. The museum support facilities referred to in section 1

shall be located on federally owned land within the metropolitan

area of Washington, District of Columbia. Any Federal agency is

authorized to transfer land under its jurisdiction to the

Smithsonian Institution for such purposes without reimbursement.

''Sec. 3. There is authorized to be appropriated to the

Smithsonian Institution $21,500,000 to carry out the purposes of

this Act. Any portion of the sums appropriated for such purposes

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.''

(Amendment of section 3 of this Act effective Oct. 1, 1979.)

NATIONAL MUSEUM

The National Museum was not created by any express statutory

provision for that purpose. It was first mentioned in an

appropriation for postage for ''the National Museum in the

Smithsonian Institution,'' contained in act June 20, 1874, ch. 328,

Sec. 1, 18 Stat. 103. An appropriation for a building for the use

of the National Museum was made by act Mar. 3, 1879, ch. 182, Sec.

1, 20 Stat. 397, and annual appropriations have continuously been

made for expenses of heating, etc., such building.

NATIONAL MUSEUM EXHIBIT

Res. Feb. 28, 1922, ch. 86, 42 Stat. 399, authorized Secretary of

State to transfer to custody of Secretary of Institution for

safekeeping and exhibition in National Museum the sword of George

Washington and the staff of Benjamin Franklin, presented by Samuel

T. Washington, and the sword of Andrew Jackson, presented by family

of General Robert Armstrong.

TRANSPORTATION OF PROPERTY

Quartermaster-General and his officers were required to receive

and transport property for National Museum by a provision of act

July 5, 1884, ch. 217, 23 Stat. 107.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 50a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 50a. Gellatly art collection; estimates of sums needed for

preservation and maintenance

-STATUTE-

The Smithsonian Institution is authorized to include in its

estimates of appropriations such sums as may be needful for the

preservation and maintenance of the John Gellatly art collection.

-SOURCE-

(June 5, 1929, ch. 9, 46 Stat. 5.)

-CITE-

20 USC Sec. 51 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 51. Library

-STATUTE-

The Regents shall make, from the interest of the fund, an

appropriation, not exceeding an average of $25,000 annually, for

the gradual formation of a library composed of valuable works

pertaining to all departments of human knowledge.

-SOURCE-

(R.S. Sec. 5587.)

-COD-

CODIFICATION

R.S. Sec. 5587 derived from act Aug. 10, 1846, ch. 178, Sec. 8, 9

Stat. 105.

-MISC3-

PUBLIC USE OF RESEARCH AND STUDY FACILITIES OF CERTAIN INSTITUTIONS

Under provisions of R.S. Sec. 94 and act Mar. 3, 1875, ch. 179,

18 Stat. 512, the Joint Committee on the Library of Congress was

authorized to extend the use of the Library to the Regents of the

Smithsonian Institution. These provisions were not classified to

the Code, being rendered superfluous by a general declaration of

public policy by Congress, by a joint resolution adopted Apr. 12,

1892, 27 Stat. 395, to the effect that facilities for study and

research in the Library of Congress, the National Museum, and

similar institutions shall be afforded investigators, students,

etc., in the several states and territories as well as in the

District of Columbia.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 52 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 52. Evidence of title to site and buildings

-STATUTE-

The site and lands selected for buildings for the Smithsonian

Institution shall be deemed appropriated to the institution, and

the record of the description of such site and lands, or a copy

thereof, certified by the chancellor and Secretary of the Board of

Regents, shall be received as evidence in all courts of the extent

and boundaries of the lands appropriated to the institution.

-SOURCE-

(R.S. Sec. 5588.)

-COD-

CODIFICATION

R.S. Sec. 5588 derived from act Aug. 10, 1846, ch. 178, Sec. 4, 9

Stat. 104.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 53 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 53. Protection of property

-STATUTE-

All laws for the protection of public property in the city of

Washington shall apply to, and be in force for, the protection of

the lands, buildings, and other property of the Smithsonian

Institution. All moneys recovered by or accruing to, the

institution shall be paid into the Treasury of the United States,

to the credit of the Smithsonian bequest, and separately accounted

for.

-SOURCE-

(R.S. Sec. 5589.)

-COD-

CODIFICATION

R.S. Sec. 5589 derived from act Aug. 10, 1846, ch. 178, Sec. 5, 9

Stat. 104.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 53a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 53a. Authorization of appropriations

-STATUTE-

Appropriations are authorized for the maintenance of the

Astrophysical Observatory and the making of solar observations at

high altitudes; for repairs and alterations of buildings and

grounds occupied by the Smithsonian Institution in the District of

Columbia and elsewhere; and for preparation of manuscripts,

drawings, and illustrations for publications.

-SOURCE-

(Aug. 22, 1949, ch. 494, Sec. 2, 63 Stat. 623.)

-CITE-

20 USC Sec. 54 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 54. Appropriation of interest

-STATUTE-

So much of the property of James Smithson as has been received in

money, and paid into the Treasury of the United States, being the

sum of $541,379.63, shall be lent to the United States Treasury and

invested in public debt securities with maturities requested by the

Smithsonian Institution bearing interest at rates determined by the

Secretary of the Treasury, based upon current market yields on

outstanding marketable obligations of the United States of

comparable maturities, and this interest is hereby appropriated for

the perpetual maintenance and support of the Smithsonian

Institution; and all expenditures and appropriations to be made,

from time to time, to the purposes of the Institution shall be

exclusively from the accruing interest, and not from the principal

of the fund. All the moneys and stocks which have been, or may

hereafter be, received into the Treasury of the United States, on

account of the fund bequeathed by James Smithson, are hereby

pledged to refund to the Treasury of the United States the sums

hereby appropriated.

-SOURCE-

(R.S. Sec. 5590; Pub. L. 97-199, Sec. 1, June 22, 1982, 96 Stat.

121.)

-COD-

CODIFICATION

R.S. Sec. 5590 derived from acts Aug. 10, 1846, ch. 178, Sec. 2,

9 Stat. 102; Feb. 5, 1867, ch. 34, Sec. 2, 14 Stat. 391.

-MISC3-

AMENDMENTS

1982 - Pub. L. 97-199 substituted ''and invested in public debt

securities with maturities requested by the Smithsonian Institution

bearing interest at rates determined by the Secretary of the

Treasury, based upon current market yields on outstanding

marketable obligations of the United States of comparable

maturities, and this interest is hereby'' for '', at 6 per centum

per annum interest; and 6 per centum interest on the trust-fund and

residuary legacy received into the United States Treasury, payable

in half-yearly payments, on the first of January and July in each

year, is'', substituted ''purposes of the Institution'' for

''purposes of the institution'', and substituted ''are hereby

pledged'' for ''are pledged''.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 2 of Pub. L. 97-199 provided that: ''The amendment made

by the first section (amending this section) shall apply with

respect to fiscal years beginning after September 30, 1982.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title;

title 31 section 1305.

-CITE-

20 USC Sec. 55 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 55. Acceptance of other sums

-STATUTE-

The Secretary of the Treasury is authorized and directed to

receive into the Treasury, on the same terms as the original

bequest of James Smithson, such sums as the Regents may, from time

to time, see fit to deposit, not exceeding, with the original

bequest, the sum of $1,000,000. This shall not operate as a

limitation on the power of the Smithsonian Institution to receive

money or other property by gift, bequest, or devise, and to hold

and dispose of the same in promotion of the purposes thereof.

-SOURCE-

(R.S. Sec. 5591; Mar. 12, 1894, ch. 36, 28 Stat. 41.)

-COD-

CODIFICATION

R.S. Sec. 5591 derived from act Feb. 5, 1867, ch. 34, Sec. 1, 14

Stat. 391.

-MISC3-

AMENDMENTS

1894 - Act Mar. 12, 1894, made limitation on deposits into the

Treasury inapplicable to receipt of gifts, bequests and devises and

dispositions of money or other property.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 56 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 56. Disposal of unappropriated money

-STATUTE-

The Regents are authorized to make such disposal of any other

moneys which have accrued, or shall hereafter accrue, as interest

upon the Smithsonian fund, not herein appropriated, or not required

for the purposes herein provided, as they shall deem best suited

for the promotion of the purpose of the testator.

-SOURCE-

(R.S. Sec. 5592.)

-COD-

CODIFICATION

R.S. Sec. 5592 derived from act Aug. 10, 1846, ch. 178, Sec. 9, 9

Stat. 105.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

-CITE-

20 USC Sec. 57 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 57. Disbursements

-STATUTE-

Whenever money is required for the payment of the debts or

performance of the contracts of the institution, incurred or

entered into in conformity with the provisions of sections 41 to

46, 48, 50, 51 to 53, 54 to 57, and 67 of this title, or for making

the purchases and executing the objects authorized by said

sections, the Board of Regents, or the executive committee thereof,

may certify to the chancellor and secretary of the board that such

sum of money is required, whereupon they shall examine the same,

and, if they shall approve thereof, shall certify the same to the

proper officer of the Treasury for payment. The board shall submit

to Congress, at each session thereof, a report of the operations,

expenditures, and condition of the institution.

-SOURCE-

(R.S. Sec. 5593.)

-COD-

CODIFICATION

R.S. Sec. 5593 derived from act Aug. 10, 1846, ch. 178, Sec. 3, 9

Stat. 103.

-MISC3-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in this

section relating to submitting a report to Congress at each session

of 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 192 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 67 of this title.

-CITE-

20 USC Sec. 58 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 58. Omitted

-COD-

CODIFICATION

Section, act Mar. 3, 1899, ch. 424, Sec. 1, 30 Stat. 1085, which

required that the salaries of officers and employees paid from

appropriations under the Smithsonian Institution be reported to

Congress annually, terminated, effective May 15, 2000, pursuant to

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance. See, also, page 192 of

House Document No. 103-7.

-CITE-

20 USC Sec. 59 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 59. Collections of National Ocean Survey, United States

Geological Survey, and others deposited in National Museum

-STATUTE-

All collections of rocks, minerals, soils, fossils, and objects

of natural history, archaeology, and ethnology, made by the

National Ocean Survey, the United States Geological Survey, or by

any other parties for the Government of the United States, when no

longer needed for investigations in progress shall be deposited in

the National Museum.

-SOURCE-

(Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 394; 1965 Reorg. Plan No.

2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg.

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub.

L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000.)

-COD-

CODIFICATION

Words ''Coast and Interior Survey'' appearing in act Mar. 3,

1879, were in prior editions of the Code changed to ''Coast and

Geodetic Survey.'' Congress never created a Coast and Interior

Survey. In a communication dated Nov. 6, 1940, the Director of the

Geological Survey explained that the words ''Coast and Interior

Survey'' were inadvertently incorporated upon authority of report

contained in Senate Misc. Doc. No. 9, 45th Congress, 3d Session,

which recommended the ''Coast and Geodetic Survey'' be changed to

''United States Coast and Interior Survey'' and an organization be

created in the Interior Department to be known as the ''United

States Geological Survey.'' Congress adopted only the latter

suggestion.

Coast and Geodetic Survey consolidated with National Weather

Bureau in 1965 to form Environmental Science Services

Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965,

30 F.R. 8819, 79 Stat. 1318. Environmental Science Services

Administration abolished in 1970 and its personnel, property,

records, etc., transferred to National Oceanic and Atmospheric

Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35

F.R. 15627, 84 Stat. 2090. By order of Acting Associate

Administrator of National Oceanic and Atmospheric Administration,

35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey

redesignated National Ocean Survey. See notes set out under section

311 of Title 15, Commerce and Trade.

-CHANGE-

CHANGE OF NAME

''United States Geological Survey'' substituted in text for

''Geological Survey'' pursuant to provision of title I of Pub. L.

102-154, set out as a note under section 31 of Title 43, Public

Lands.

-MISC4-

NATIONAL MUSEUM

Establishment of the National Museum, see note set out under

section 50 of this title.

NATIONAL MUSEUM OF AMERICAN HISTORY

Pub. L. 96-441, Sec. 2, Oct. 13, 1980, 94 Stat. 1884, provided

that: ''The bureau of the Smithsonian Institution known as the

Museum of History and Technology and so referred to in the Act

entitled 'An Act to authorize the construction of a building for a

Museum of History and Technology for the Smithsonian Institution,

including the preparation of plans and specifications, and all

other work incidental thereto', approved June 28, 1955 (20 U.S.C.

59 note), shall be known as the 'National Museum of American

History'.''

For provision deeming references to the Museum of History and

Technology in laws and regulations to be references to the National

Museum of American History, see section of 3 of Pub. L. 96-441, set

out as a note under section 71 of this title.

MUSEUM OF HISTORY AND TECHNOLOGY FOR THE SMITHSONIAN INSTITUTION

Act June 28, 1955, ch. 201, 69 Stat. 189, authorized construction

of a building for a Museum of History and Technology, which was

redesignated the National Museum of American History, for the use

of the Smithsonian Institution, at a cost not to exceed

$36,000,000.

-CITE-

20 USC Sec. 60 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 60. Army articles furnished to National Museum

-STATUTE-

The Secretary of the Army is authorized to furnish to the

National Museum, for exhibition, upon request therefor by the

administrative head thereof, such articles of arms, materiel,

equipment, or clothing as have been issued from time to time to the

United States Army, or which have been or may hereafter be produced

for the United States Army, and which are objects of general

interest or of foreign or curious research, provided that such

articles can be spared.

-SOURCE-

(Mar. 4, 1921, ch. 166, Sec. 1, 41 Stat. 1438; July 26, 1947, ch.

343, title II, Sec. 205(a), 61 Stat. 501; Oct. 31, 1951, ch. 654,

Sec. 3(4), 65 Stat. 708.)

-MISC1-

AMENDMENTS

1951 - Act Oct. 31, 1951, struck out ''are surplus or'' after

''articles''.

-CHANGE-

CHANGE OF NAME

Department of War designated Department of the Army and title of

Secretary of War changed to Secretary of the Army by section 205(a)

of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section

205(a) of act July 26, 1947, was repealed by section 53 of act Aug.

10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956,

enacted ''Title 10, Armed Forces'' which in sections 3010 to 3013

continued Department of the Army under administrative supervision

of Secretary of the Army.

-TRANS-

SECRETARY OF AIR FORCE

For transfer of certain personal property and personal property

functions, insofar as they pertain to the Air Force, from Secretary

of the Army to Secretary of the Air Force, see Secretary of Defense

Transfer Order No. 39 (Sec. 2vv), eff. May 18, 1949.

-CITE-

20 USC Sec. 61 to 64 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 61 to 64. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(37)-(40),

65 Stat. 702

-MISC1-

Section 61, act Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 397,

required archives, records and materials relating to Indians of

North America to be turned over from Geographical and Geological

Survey to Smithsonian Institution for purposes of completion of

collection of information and its publication.

Section 62, act Aug. 1, 1914, ch. 223, Sec. 1, 38 Stat. 661,

authorized Secretary of Commerce to transfer instruments of

historical value of the Coast and Geodetic Survey (the National

Ocean Survey) to Smithsonian Institution.

Section 63, act June 5, 1920, ch. 235, Sec. 1, 41 Stat. 930,

related to transfer, by Secretary of Commerce, of Coast and

Geodetic Survey (the National Ocean Survey) instruments of

historical value, to educational institutions and museums.

Section 64, act Mar. 3, 1883, ch. 143, 22 Stat. 629, related to

distribution of specimens of National Museum and Bureau of

Fisheries to schools and colleges.

-CITE-

20 USC Sec. 65 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 65. Repealed. Pub. L. 89-674, Sec. 3, Oct. 15, 1966, 80 Stat.

953

-MISC1-

Section, act July 7, 1884, ch. 332, 23 Stat. 214, required

Director of National Museum to report annually to Congress on

progress of the Museum during the year and its present condition.

See section 65a of this title.

-CITE-

20 USC Sec. 65a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 65a. Director of the National Museum

-STATUTE-

(a) Duties; programs and studies; annual report to Congress

The Director of the National Museum under the direction of the

Secretary of the Smithsonian Institution shall -

(1) cooperate with museums and their professional organizations

in a continuing study of museum problems and opportunities, both

in the United States and abroad;

(2) prepare and carry out programs by grant, contract, or

directly for training career employees in museum practices in

cooperation with museums, their professional organizations, and

institutions of higher education either at the Smithsonian

Institution or at the cooperating museum, organization, or

institutions;

(3) prepare and distribute significant museum publications;

(4) perform research on, and otherwise contribute to, the

development of museum techniques, with emphasis on museum

conservation and the development of a national institute for

museum conservation;

(5) cooperate with departments and agencies of the Government

of the United States operating, assisting, or otherwise concerned

with museums; and

(6) report annually to the Congress on progress in these

activities.

(b) Authorization of appropriations

There are hereby authorized to be appropriated to the Smithsonian

Institution for the fiscal year 1981, the sum of $803,000, and for

the fiscal year 1982, the sum of $1,000,000.

-SOURCE-

(Pub. L. 89-674, Sec. 2, Oct. 15, 1966, 80 Stat. 953; Pub. L.

91-629, Sec. 1, 2 Dec. 31, 1970, 84 Stat. 1875; Pub. L. 93-345,

Sec. 1, 2, July 12, 1974, 88 Stat. 339; Pub. L. 94-336, July 1,

1976, 90 Stat. 795; Pub. L. 96-268, June 13, 1980, 94 Stat. 485.)

-MISC1-

AMENDMENTS

1980 - Subsec. (b). Pub. L. 96-268 substituted provisions

authorizing appropriations of $803,000 for fiscal year 1981 and

$1,000,000 for fiscal year 1982 for provisions which had authorized

appropriations of $1,000,000 each year for fiscal years 1978, 1979,

and 1980.

1976 - Subsec. (b). Pub. L. 94-336 substituted provisions

authorizing the appropriation of $1,000,000 each year for fiscal

years 1978, 1979, and 1980, for provisions under which there had

been authorized to be appropriated whatever sums as might be

necessary to carry out the purposes of the section, with a proviso

that no more than $1,000,000 could be appropriated annually through

fiscal year 1977, of which no less than $200,000, was to be

allocated and used to carry out subsec. (a)(4) of this section.

1974 - Subsec. (a)(4). Pub. L. 93-345, Sec. 1, inserted '', with

emphasis on museum conservation and the development of a national

institute for museum conservation'' after ''museum techniques''.

Subsec. (b). Pub. L. 93-345, Sec. 2, substituted provisions

limiting to $1,000,000 the amount which may be appropriated

annually through fiscal year 1977, with no less than $200,000

annually to be allocated and used to carry out the purposes of

subsection (a)(4) of this section for provisions limiting to

$1,000,000 the amount which could be appropriated annually through

fiscal year 1974, of which $300,000 annually had to be allocated

and used according to the formula of 33 1/3 per centum for purposes

of subsec. (a)(2), 33 1/3 per centum for assistance to museums

under section 954(c) of this title, and 33 1/3 per centum for

assistance to museums under section 956(c) of this title.

1970 - Subsec. (a)(2). Pub. L. 91-629, Sec. 2, inserted

provisions that programs be prepared and carried out by grant,

contract, or directly and which authorized the training of career

employees in museum practices in cooperation with institutions of

higher education, and substituted provisions which authorized

training programs to be conducted either at the Smithsonian

Institution, or at the cooperating museum, organization, or

institutions, for provisions which authorized such programs to be

conducted at the best locations.

Subsec. (b). Pub. L. 91-629, Sec. 1, substituted provisions which

authorized to be appropriated such sums as necessary to carry out

the purposes of this section, with no more than $1,000,000 to be

appropriated annually through fiscal year 1974, of which $300,000,

annually, to be allocated in the enumerated manner, for provisions

which authorized to be appropriated to carry out this section, not

to exceed $200,000 for the fiscal year ending June 30, 1968,

$250,000 for the fiscal years ending June 30, 1969, and June 30,

1970, and $300,000 for the fiscal year ending June 30, 1971, and in

each subsequent fiscal year, only such sums as the Congress

hereafter authorizes by law.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (a)(6) of this section, 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 192 of House Document No. 103-7.

-CITE-

20 USC Sec. 66 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 66. Repealed. June 30, 1949, ch. 288, title VI, Sec.

602(a)(19), 63 Stat. 400, eff. July 1, 1949; renumbered Sept.

5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583

-MISC1-

Section, act Mar. 3, 1915, ch. 75, Sec. 1, 38 Stat. 839, related

to exchange of typewriters and adding machines.

-CITE-

20 USC Sec. 67 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 67. Right of repeal

-STATUTE-

Congress may alter, amend, add to, or repeal any of the

provisions of sections 41 to 46, 48, 50, 51 to 53, and 54 to 57, of

this title; but no contract or individual right made or acquired

under such provisions shall be thereby divested or impaired.

-SOURCE-

(R.S. Sec. 5594.)

-COD-

CODIFICATION

R.S. Sec. 5594 derived from act Aug. 10, 1846, ch. 178, Sec. 11,

9 Stat. 106.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 57 of this title.

-CITE-

20 USC Sec. 68 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 68. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111

-MISC1-

Section, act Feb. 11, 1927, ch. 104, Sec. 1, 44 Stat. 1081,

related to advertisements for proposals for purchases and

services. See section 5 of Title 41, Public Contracts.

-CITE-

20 USC Sec. 69 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 69. Anthropological researches; cooperation of Institution

with States, educational institutions, or scientific

organizations

-STATUTE-

The Secretary of the Smithsonian Institution is hereby authorized

to cooperate with any State, educational institution, or scientific

organization in the United States to continue independently or in

cooperation anthropological researches among the American Indians

and the natives of lands under the jurisdiction or protection of

the United States and the excavation and preservation of

archaeological remains.

-SOURCE-

(Apr. 10, 1928, ch. 335, Sec. 1, 45 Stat. 413; Aug. 22, 1949, ch.

494, Sec. 1, 63 Stat. 623.)

-MISC1-

AMENDMENTS

1949 - Act Aug. 22, 1949, substituted ''to continue independently

or in cooperation anthropological'' for ''for continuing

ethnological'' and inserted ''and the natives of lands under the

jurisdiction or protection of the United States''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70 of this title.

-CITE-

20 USC Sec. 70 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER I - CHARTER PROVISIONS

-HEAD-

Sec. 70. Authorization of appropriations; cooperative work

-STATUTE-

There is authorized to be appropriated, out of any money in the

Treasury not otherwise appropriated, the sum of $20,000, which

shall be available until expended for the purposes stated in

section 69 of this title: Provided, That at such time as the

Smithsonian Institution is satisfied that any State, educational

institution, or scientific organization in any of the United States

is prepared to contribute to such investigation and when, in its

judgment such investigation shall appear meritorious, the Secretary

of the Smithsonian Institution may direct that an amount from this

sum equal to that contributed by such State, educational

institution, or scientific organization, not to exceed $2,000, to

be expended from such sum in any one State during any calendar

year, be made available for cooperative investigation: Provided

further, That all such cooperative work and division of the result

thereof shall be under the direction of the Secretary of the

Smithsonian Institution: Provided further, That where lands are

involved which are under the jurisdiction of the Bureau of Indian

Affairs or the National Park Service, cooperative work thereon

shall be under such regulations and conditions as the Secretary of

the Interior may provide.

-SOURCE-

(Apr. 10, 1928, ch. 335, Sec. 2, 45 Stat. 413.)

-CITE-

20 USC SUBCHAPTER II - NATIONAL GALLERY OF ART 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

.

-HEAD-

SUBCHAPTER II - NATIONAL GALLERY OF ART

-CITE-

20 USC Sec. 71 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

-HEAD-

Sec. 71. Designation of site

-STATUTE-

The area bounded by Seventh Street, Constitution Avenue, Fourth

Street, and North Mall Drive, Northwest, in the District of

Columbia, is appropriated to the Smithsonian Institution as a site

for a National Gallery of Art. The Smithsonian Institution is

authorized to permit the A. W. Mellon Educational and Charitable

Trust (hereinafter referred to as the donor) to construct on said

site for the Smithsonian Institution a building to be designated

the National Gallery of Art, and to remove any existing structure

and landscape the grounds within said area. The adjoining area

bounded by Fourth Street, Pennsylvania Avenue, Third Street, and

North Mall Drive, Northwest, in the District of Columbia, is

reserved as a site for future additions to the National Gallery of

Art. The project shall be in accordance with plans and

specifications approved by the Commission of Fine Arts.

-SOURCE-

(Mar. 24, 1937, ch. 50, Sec. 1, 50 Stat. 51.)

-MISC1-

SMITHSONIAN AMERICAN ART MUSEUM

Pub. L. 106-385, Oct. 27, 2000, 114 Stat. 1463, provided that:

''SECTION 1. RENAMING OF NATIONAL MUSEUM OF AMERICAN ART.

''(a) In General. - The National Museum of American Art, as

designated under section 1 of Public Law 96-441 (20 U.S.C. 71

note), shall be known as the 'Smithsonian American Art Museum'.

''(b) References in Law. - Any reference in any law, regulation,

document, or paper to the National Museum of American Art shall be

considered to be a reference to the Smithsonian American Art

Museum.

''SEC. 2. EFFECTIVE DATE.

''Section 1 shall take effect on the day after the date of

enactment of this Act (Oct. 27, 2000).''

Pub. L. 96-441, Sec. 1, 3, 4, Oct. 13, 1980, 94 Stat. 1884,

provided: ''That the bureau of the Smithsonian Institution

designated as the National Collection of Fine Arts by section 6(c)

of the joint resolution entitled 'Joint Resolution providing for

the construction and maintenance of a National Gallery of Art',

approved March 24, 1937 (20 U.S.C. 71 note), shall be known as the

'National Museum of American Art'.

''Sec. 3. Any reference in any law, regulation, document, or

paper to the National Collection of Fine Arts or the Museum of

History and Technology shall on and after the effective date of

this Act (Oct. 13, 1980) be considered to be a reference to the

National Museum of American Art and the National Museum of American

History, respectively.

''Sec. 4. This Act shall take effect on the day after the date of

the enactment of this Act (Oct. 13, 1980).''

Act Mar. 24, 1937, ch. 50, 50 Stat. 51, sections 1 to 5 of which

are incorporated as sections 71, 72 to 74, and 75 of this title,

provided in section 6(c) that: ''The existing bureau of the

Smithsonian Institution now designated as a national gallery of art

shall hereafter be known as the National Collection of Fine Arts.''

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) (now 40 U.S.C.

521-527, 529), 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) (now 40 U.S.C.

102).

''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.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 71a of this title.

-CITE-

20 USC Sec. 71a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

-HEAD-

Sec. 71a. Additions; payment of construction costs from trust funds

-STATUTE-

The Trustees of the National Gallery of Art are authorized to

construct within the area reserved as a site for future additions

by the third sentence of section 71 of this title one or more

buildings to serve as additions to the National Gallery of Art. The

cost of constructing any such building shall be paid from trust

funds administered by such Trustees. The plans and specifications

for any such building shall be approved by the Commission of Fine

Arts and the National Capital Planning Commission.

-SOURCE-

(Pub. L. 90-376, Sec. 1, July 5, 1968, 82 Stat. 286.)

-COD-

CODIFICATION

Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50

Stat. 51, which comprises this subchapter.

-MISC3-

TRANSFER OF JURISDICTION

Section 4 of Pub. L. 90-376 provided that: ''The Commissioner

(Mayor) of the District of Columbia is authorized to transfer to

the United States such jurisdiction as the District of Columbia may

have over any of the property within the area referred to in the

first section of this Act (this section).''

PUBLIC UTILITY: PAYMENT OF COST OF RELOCATION OR PROTECTION FROM

TRUST FUNDS

Section 5 of Pub. L. 90-376 provided that: ''If any public

utility (whether privately or publicly owned) located within the

area referred to in the first section of this Act (this section) is

required to be relocated or protected by reason of the construction

within such area of any addition to the National Gallery of Art,

the cost of such relocation or protection shall be paid from trust

funds administered by the Trustees of the National Gallery of

Art.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 71b of this title.

-CITE-

20 USC Sec. 71b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

-HEAD-

Sec. 71b. Status of completed addition

-STATUTE-

Any building constructed under authority of section 71a of this

title shall, upon completion, be a part of the National Gallery of

Art.

-SOURCE-

(Pub. L. 90-376, Sec. 2, July 5, 1968, 82 Stat. 286.)

-COD-

CODIFICATION

Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50

Stat. 51, which comprises this subchapter.

-CITE-

20 USC Sec. 72 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

-HEAD-

Sec. 72. Board of Trustees

-STATUTE-

(a) Establishment

There is established in the Smithsonian Institution a bureau,

which shall be directed by a board to be known as the Trustees of

the National Gallery of Art, whose duty it shall be to maintain and

administer the National Gallery of Art and site thereof and to

execute such other functions as are vested in the board by this

subchapter. The board shall be composed as follows: The Chief

Justice of the United States, the Secretary of State, the Secretary

of the Treasury, and the Secretary of the Smithsonian Institution,

ex officio; and five general trustees who shall be citizens of the

United States, to be chosen as hereinafter provided. No officer or

employee of the Federal Government shall be eligible to be chosen

as a general trustee.

(b) Method of selection; term of office

The general trustees first taking office shall be chosen by the

Board of Regents of the Smithsonian Institution, subject to the

approval of the donor, and shall have terms expiring one each on

July 1 of 1939, 1941, 1943, 1945, and 1947, as designated by the

Board of Regents. A successor shall be chosen by a majority vote of

the general trustees and shall have a term expiring ten years from

the date of the expiration of the term for which his predecessor

was chosen, except that a successor chosen to fill a vacancy

occurring prior to the expiration of such term shall be chosen only

for the remainder of such term.

-SOURCE-

(Mar. 24, 1937, ch. 50, Sec. 2, 50 Stat. 52.)

-TRANS-

DELEGATION OF FUNCTIONS BY SECRETARY OF STATE TO DIRECTOR OF UNITED

STATES INFORMATION AGENCY

Pub. L. 95-426, title II, Sec. 205, Oct. 7, 1978, 92 Stat. 975,

as amended by Pub. L. 97-241, title III, Sec. 303(b), Aug. 24,

1982, 96 Stat. 291, provided that: ''The Secretary of State may

delegate to the Director of the United States Information Agency,

with the consent of the Director, the functions vested in the

Secretary by section 2(a) of the joint resolution entitled 'Joint

Resolution providing for the construction and maintenance of a

National Gallery of Art', approved March 24, 1937 (20 U.S.C.

72(a)).''

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

-CITE-

20 USC Sec. 73 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

-HEAD-

Sec. 73. Acceptance of gift from A. W. Mellon

-STATUTE-

Upon completion of the National Gallery of Art, the board shall

accept for the Smithsonian Institution as a gift from the donor a

collection of works of art which shall be housed and exhibited in

the National Gallery of Art.

-SOURCE-

(Mar. 24, 1937, ch. 50, Sec. 3, 50 Stat. 52.)

-CITE-

20 USC Sec. 74 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

-HEAD-

Sec. 74. Maintenance

-STATUTE-

(a) Pledge of funds for upkeep; authorization of appropriations

The faith of the United States is pledged that, on completion of

the National Gallery of Art by the donor in accordance with the

terms of this subchapter and the acquisition from the donor of the

collection of works of art, the United States will provide such

funds as may be necessary for the upkeep of the National Gallery of

Art and the administrative expenses and costs of operation thereof,

including the protection and care of works of art acquired by the

board, so that the National Gallery of Art shall be at all times

properly maintained and the works of art contained therein shall be

exhibited regularly to the general public free of charge. For

these purposes, and to provide, prior to the completion of the

National Gallery of Art, for the protection and care of the works

of art in said Gallery and for administrative and operating

expenses and equipment preparatory to the opening of the Gallery to

the public, there are authorized to be appropriated such sums as

may be necessary.

(b) Acceptance of gifts and other property; investment of funds

The board is authorized to accept for the Smithsonian Institution

and to hold and administer gifts, bequests, or devises of money,

securities, or other property of whatsoever character for the

benefit of the National Gallery of Art. Unless otherwise restricted

by the terms of the gift, bequest, or devise, the board is

authorized to sell or exchange and to invest or reinvest in such

investments as it may determine from time to time the moneys,

securities, or other property composing trust funds given,

bequeathed, or devised to or for the benefit of the National

Gallery of Art. The income as and when collected shall be placed in

such depositaries as the board shall determine and shall be subject

to expenditure by the board.

(c) Appointment and compensation of officers and employees

The board shall appoint and fix the compensation and duties of a

director, an assistant director, a secretary, and a chief curator

of the National Gallery of Art, and of such other officers and

employees of the National Gallery of Art as may be necessary for

the efficient administration of the functions of the board. Such

director, assistant director, secretary, and chief curator shall be

compensated from trust funds available to the board for the

purpose, and their appointment and salaries shall not be subject to

the civil-service laws or chapter 51 and subchapter III of chapter

53 of title 5. The director, assistant director, secretary, and

chief curator shall be well qualified by experience and training to

perform the duties of their office and the original appointment to

each such office shall be subject to the approval of the donor.

(d) Review of actions of board

The actions of the board, including any payment made or directed

to be made by it from any trust funds, shall not be subject to

review by any officer or agency other than a court of law.

-SOURCE-

(Mar. 24, 1937, ch. 50, Sec. 4, 50 Stat. 52; Apr. 13, 1939, ch. 61,

53 Stat. 577; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63

Stat. 972.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (c), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (c), ''chapter 51 and subchapter III of chapter 53 of

title 5'' substituted for ''the Classification Act of 1949, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-MISC3-

AMENDMENTS

1949 - Act Oct. 28, 1949, substituted ''Classification Act of

1949'' for ''Classification Act of 1923''.

1939 - Subsec. (a). Act Apr. 13, 1939, inserted in last sentence

''and to provide, prior to the completion of the National Gallery

of Art, for the protection and care of the works of art in said

Gallery and for administrative and operating expenses and equipment

preparatory to the opening of the Gallery to the public''.

REPEALS

Act Oct. 28, 1949, ch. 782, cited as a credit to this section,

was repealed (subject to a savings clause) by Pub. L. 89-554, Sept.

6, 1966, Sec. 8, 80 Stat. 632, 655.

-CITE-

20 USC Sec. 74a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

-HEAD-

Sec. 74a. Permanent loan of funds by Board of Trustees to Treasury;

semiannual interest payments to Board

-STATUTE-

The Secretary of the Treasury is authorized and directed to

receive into the Treasury from time to time as a permanent loan by

the Board of Trustees of the National Gallery of Art to the United

States sums in cash of not to exceed $5,000,000 in the aggregate,

and to pay interest on the principal amount of such loan at a rate

which is the higher of the rate of 4 per centum per annum or a rate

which is .25 percentage points less than a rate determined by the

Secretary of the Treasury, taking into consideration the current

average market yield on outstanding long-term marketable

obligations of the United States, adjusted to the nearest

one-eighth of 1 per centum, payable semiannually. Such interest is

permanently appropriated for payment to the Board of Trustees of

the National Gallery of Art.

-SOURCE-

(Apr. 10, 1943, ch. 46, 57 Stat. 62; Pub. L. 94-418, Sept. 21,

1976, 90 Stat. 1278.)

-COD-

CODIFICATION

Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50

Stat. 51, which comprises this subchapter.

-MISC3-

AMENDMENTS

1976 - Pub. L. 94-418 inserted provision authorizing alternate

interest rate to existing interest rate of 4 per centum per annum.

-CITE-

20 USC Sec. 75 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER II - NATIONAL GALLERY OF ART

-HEAD-

Sec. 75. Authority and functions of the board

-STATUTE-

(a) Official seal; bylaws, rules, and regulations; quorum

The board is authorized to adopt an official seal which shall be

judicially noticed and to make such bylaws, rules, and regulations,

as it deems necessary for the administration of its functions under

this subchapter, including, among other matters, bylaws, rules, and

regulations relating to the acquisition, exhibition, and loan of

works of art, the administration of its trust funds, and the

organization and procedure of the board. The board may function

notwithstanding vacancies, and three members of the board shall

constitute a quorum for the transaction of business.

(b) Quality of works of art

In order that the collection of the National Gallery of Art shall

always be maintained at a high standard and in order to prevent the

introduction therein of inferior works of art, no work of art shall

be included in the permanent collection of the National Gallery of

Art unless it be of similar high standard of quality to those in

the collection acquired from the donor.

(c) Powers and obligations

The board shall have all the usual powers and obligations of a

trustee in respect of all trust funds administered by it and all

works of art acquired by it.

(d) Annual reports

The board shall submit to the Smithsonian Institution an annual

report of its operations under this subchapter, including a

detailed statement of all acquisitions and loans of works of art

and of all public and private moneys received and disbursed.

-SOURCE-

(Mar. 24, 1937, ch. 50, Sec. 5, 50 Stat. 53.)

-CITE-

20 USC SUBCHAPTER III - NATIONAL PORTRAIT GALLERY 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

.

-HEAD-

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

-CITE-

20 USC Sec. 75a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

-HEAD-

Sec. 75a. Definitions

-STATUTE-

For the purposes of this subchapter -

(a) The term ''Board'' means the Board of Regents of the

Smithsonian Institution.

(b) The term ''Commission'' means the National Portrait Gallery

Commission as provided for in this subchapter.

(c) The term ''Gallery'' means the National Portrait Gallery

established by this subchapter.

(d) The term ''gift'' includes a gift, bequest, or devise,

whether outright or in trust, and any legal instrument by which the

gift is effected.

(e) The term ''portraiture'' includes portraits and reproductions

thereof made by any means or process, whether invented or developed

heretofore or hereafter.

-SOURCE-

(Pub. L. 87-443, Sec. 2, Apr. 27, 1962, 76 Stat. 62; Pub. L.

94-209, Feb. 5, 1976, 90 Stat. 30.)

-MISC1-

AMENDMENTS

1976 - Subsec. (e). Pub. L. 94-209 substituted ''includes

portraits and reproductions thereof made by any means or process,

whether invented or developed heretofore or hereafter'' for ''for

purposes of this subchapter shall mean painted or sculptured

likenesses''.

SHORT TITLE

Pub. L. 87-443, Sec. 1, provided: ''That this Act (enacting this

subchapter) may be cited as the 'National Portrait Gallery Act'.''

-CITE-

20 USC Sec. 75b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

-HEAD-

Sec. 75b. Establishment of National Portrait Gallery; functions

-STATUTE-

(a) There is established in the Smithsonian Institution a bureau

which shall be known as the National Portrait Gallery. The

functions of such bureau shall be those authorized by this

subchapter. The use for the purposes of the Gallery of any part of

the building transferred to the Smithsonian Institution pursuant to

the Act of March 28, 1958 (72 Stat. 68), is authorized.

(b) The Gallery shall function as a free public museum for the

exhibition and study of portraiture and statuary depicting men and

women who have made significant contributions to the history,

development, and culture of the people of the United States and of

the artists who created such portraiture and statuary.

-SOURCE-

(Pub. L. 87-443, Sec. 3, Apr. 27, 1962, 76 Stat. 62.)

-REFTEXT-

REFERENCES IN TEXT

Act of March 28, 1958, referred to in subsec. (a), is act Mar.

28, 1958, Pub. L. 85-357, 72 Stat. 68, which was not classified to

the Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 75e of this title.

-CITE-

20 USC Sec. 75c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

-HEAD-

Sec. 75c. Creation of National Portrait Gallery Commission;

members; functions; powers

-STATUTE-

There is created the National Portrait Gallery Commission. The

number, manner of appointment and tenure of the members of the

Commission shall be such as the Board may from time to time

prescribe. The Board may delegate to the Commission any function

of the Gallery or any function of the Board with respect to the

Gallery. The Board may make rules and regulations for the conduct

of the affairs of the Commission and the operation of the Gallery,

and to the extent and under such limitations as the Board deems

advisable, the Board may delegate to the Commission the power to

make such rules and regulations.

-SOURCE-

(Pub. L. 87-443, Sec. 4, Apr. 27, 1962, 76 Stat. 62.)

-CITE-

20 USC Sec. 75d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

-HEAD-

Sec. 75d. Acceptance of gifts; title to property

-STATUTE-

(a) The Board is authorized to accept for the Smithsonian

Institution gifts of any property for the benefit of the Gallery.

(b) Legal title to all property (except property of the United

States) held for the use or benefit of the Gallery shall be vested

in the Smithsonian Institution. Subject to any limitations

otherwise expressly provided by law, and, in the case of any gift,

subject to any applicable restrictions under the terms of such

gift, the Board is authorized to sell, exchange, or otherwise

dispose of any property of whatsoever nature held by it, and to

invest in, reinvest in, or purchase any property of whatsoever

nature for the benefit of the National Portrait Gallery.

-SOURCE-

(Pub. L. 87-443, Sec. 5, Apr. 27, 1962, 76 Stat. 62.)

-CITE-

20 USC Sec. 75e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

-HEAD-

Sec. 75e. Powers of Board

-STATUTE-

For the purpose of carrying out any function authorized by

section 75b of this title, the Board may -

(1) purchase, accept, borrow, or otherwise acquire portraiture,

statuary, and other items for preservation, exhibition, or

study. The Board may acquire any such item on the basis of its

general historical interest, its artistic merit, or the

historical significance of the individual to which it relates, or

any combination of any such factors. The Board may acquire

period furniture and other items to enhance its displays of

portraiture and statuary.

(2) preserve or restore any item acquired pursuant to paragraph

(1).

(3) display, loan, store, or otherwise hold any such item.

(4) sell, exchange, donate, return, or otherwise dispose of any

such item.

-SOURCE-

(Pub. L. 87-443, Sec. 6, Apr. 27, 1962, 76 Stat. 63.)

-CITE-

20 USC Sec. 75f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

-HEAD-

Sec. 75f. Director; appointment and compensation; officers and

employees

-STATUTE-

(a) The Board may appoint and fix the compensation and duties of

a director of the Gallery, and his appointment and salary shall not

be subject to the civil-service laws or chapter 51 and subchapter

III of chapter 53 of title 5. The Board may employ such other

officers and employees as may be necessary for the efficient

administration, operation, and maintenance of the Gallery.

(b) The Board may delegate to the Secretary of the Smithsonian

Institution, as well as to the Commission, any of its functions

pursuant to subsection (a) of this section.

-SOURCE-

(Pub. L. 87-443, Sec. 7, Apr. 27, 1962, 76 Stat. 63.)

-REFTEXT-

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (a), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (a), ''chapter 51 and subchapter III of chapter 53 of

title 5'' substituted for ''the Classification Act of 1949, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b) Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-CITE-

20 USC Sec. 75g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER III - NATIONAL PORTRAIT GALLERY

-HEAD-

Sec. 75g. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated such sums as may be

necessary to carry out the purposes of this subchapter.

-SOURCE-

(Pub. L. 87-443, Sec. 8, Apr. 27, 1962, 76 Stat. 63.)

-CITE-

20 USC SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

.

-HEAD-

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

-CITE-

20 USC Sec. 76, 76a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

-HEAD-

Sec. 76, 76a. Omitted

-COD-

CODIFICATION

Section 76, act May 17, 1938, ch. 238, Sec. 1, 52 Stat. 399,

directed National Capital Park and Planning Commission to designate

and President to assign a site for a building to house and display

national collections of fine arts, portraits of eminent Americans,

and works of artists deserving of recognition.

Section 76a, act May 17, 1938, ch. 238, Sec. 2, 52 Stat. 399,

created Smithsonian Gallery of Art Commission which terminated upon

approval by Regents of Smithsonian Institution of design for

buildings and grounds.

-CITE-

20 USC Sec. 76b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

-HEAD-

Sec. 76b. Functions of Regents

-STATUTE-

(a) Solicitation of construction funds

The Regents are authorized to solicit and receive subscriptions

of funds from private sources for the purposes specified in this

subsection. Funds so received shall be placed in a special deposit

account with the Treasurer of the United States, and may be

expended by the Regents to meet the cost of the construction of the

building, including furnishings and equipment thereof, to obtain

necessary drawings and specifications, make necessary surveys and

estimates of cost, defray necessary administrative expenses, and

secure other needful services.

(b) Construction of building

The Regents may, subject to the approval of the President,

authorize the preparation of the site and the construction of the

building, including approaches and landscaping of the grounds:

Provided, That the Administrator of General Services shall

supervise the preparation of the plans and specifications, make all

necessary contracts, and supervise construction.

(c) Name of building; supervision and control

The name of the building shall be the Smithsonian Gallery of Art

(hereinafter referred to as the ''Gallery''), and it shall be under

the supervision and control of the Regents and the Secretary of the

Smithsonian Institution.

-SOURCE-

(May 17, 1938, ch. 238, Sec. 3, 52 Stat. 400; 1939 Reorg. Plan No.

I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426,

1427; June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Works Agency and of all agencies thereof,

together with functions of Federal Works Administrator, transferred

to Administrator of General Services, and Federal Works Agency and

office of Federal Works Administrator abolished by section 103 of

act June 30, 1949. See text of, and Historical and Revision Notes

under, section 303(b) of Title 40, Public Buildings, Property, and

Works.

Functions of Director of Procurement relating to selection of

location and sites of public buildings transferred to Federal Works

Administrator by Reorg. Plan No. I of 1939, set out in the Appendix

to Title 5, Government Organization and Employees.

-CITE-

20 USC Sec. 76c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

-HEAD-

Sec. 76c. Policy to foster appreciation of past and contemporary

art

-STATUTE-

(a) Solicitations of private donations

It shall be the policy of the Regents to maintain a worthy

standard for the acceptance of art objects for exhibition in the

Gallery, and to foster by public exhibitions from time to time in

Washington, and other parts of the United States a growing

appreciation of art, both of past and contemporary time; and the

Regents are authorized to solicit and receive private donations of

works of art and contributions of funds from private sources for

the purchase of works of art. Funds so received shall be placed in

a special deposit account with the Treasurer of the United States

and may be expended by the Regents for the purchase of works of

art.

(b) Solicitation of funds to acquire and sell works of art, employ

artists, award scholarships, etc.

In order to encourage the development of contemporary art and to

effect the widest distribution and cultivation in matters of such

art, the Regents are authorized to solicit and receive funds from

private sources, to acquire (by purchase or otherwise) and sell

contemporary works of art or copies thereof, to employ artists and

other personnel, award scholarships, conduct exhibitions, and

generally to do such things and have such other powers as will

effectuate the purposes of this subsection. Funds received by the

Regents under this subsection shall be placed in a special deposit

account with the Treasurer of the United States and may be expended

by the Regents for the purposes enumerated in this subsection and

for no other purposes: Provided, That the Regents shall not incur

any obligations under this subsection in excess of the funds

available therefor.

-SOURCE-

(May 17, 1938, ch. 238, Sec. 4, 52 Stat. 400.)

-CITE-

20 USC Sec. 76d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

-HEAD-

Sec. 76d. Donations of works of art from Government agencies

-STATUTE-

The Administrator of General Services and other agencies of the

Government are authorized to donate to the Gallery any works of art

now or hereafter under their control.

-SOURCE-

(May 17, 1938, ch. 238, Sec. 5, 52 Stat. 401; 1939 Reorg. Plan No.

I, Sec. 301, 303, eff. July 1, 1939, 4 FR 2729, 53 Stat. 1426,

1427; June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Works Agency and of all agencies thereof,

together with functions of Federal Works Administrator, transferred

to Administrator of General Services, and Federal Works Agency and

office of Federal Works Administrator abolished by section 103 of

act June 30, 1949. See text of, and Historical and Revision Notes

under, section 303(b) of Title 40, Public Buildings, Property, and

Works.

Public Buildings Branch of Procurement Division in Treasury

Department and Public Works Administration and other agencies were

consolidated into Federal Works Agency, and functions transferred

to Federal Works Administrator, by Reorg. Plan No. I of 1939, set

out in the Appendix to Title 5, Government Organization and

Employees.

-CITE-

20 USC Sec. 76e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

-HEAD-

Sec. 76e. Housing or exhibiting objects of art possessed by

Smithsonian Institution

-STATUTE-

Such objects of art as the Government or the Smithsonian

Institution now possess, or such as may hereafter be acquired, may

be housed or exhibited in the Gallery, with the approval of and

under such regulations as the Regents and Secretary of the

Smithsonian Institution may prescribe.

-SOURCE-

(May 17, 1938, ch. 238, Sec. 6, 52 Stat. 401.)

-CITE-

20 USC Sec. 76f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

-HEAD-

Sec. 76f. Appointment, compensation, and duties of Director of

Gallery; personnel

-STATUTE-

The Regents may appoint and fix the compensation and duties of a

Director of the Gallery and may employ such other officers and

employees as may be necessary for the efficient operation and

administration of the Gallery.

-SOURCE-

(May 17, 1938, ch. 238, Sec. 7, 52 Stat. 401.)

-CITE-

20 USC Sec. 76g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IV - SMITHSONIAN GALLERY OF ART

-HEAD-

Sec. 76g. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated annually such sums as may

be necessary to maintain and administer the Gallery, including the

salaries of the Director and of other necessary officers and

employees, and for special public exhibitions at Washington and

elsewhere.

-SOURCE-

(May 17, 1938, ch. 238, Sec. 8, 52 Stat. 401.)

-CITE-

20 USC SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE

PERFORMING ARTS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

.

-HEAD-

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-CITE-

20 USC Sec. 76h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76h. Board of Trustees

-STATUTE-

(a) Establishment

(1) In general

There is established in the Smithsonian Institution a bureau,

which shall be directed by a board to be known as the Trustees of

the John F. Kennedy Center for the Performing Arts (hereafter in

this subchapter referred to as the ''Board''), whose duty it

shall be to maintain and administer the John F. Kennedy Center

for the Performing Arts and site thereof as the National Center

for the Performing Arts, a living memorial to John Fitzgerald

Kennedy, and to execute such other functions as are vested in the

Board by this subchapter.

(2) Membership

The Board shall be composed of -

(A) the Secretary of Health and Human Services;

(B) the Librarian of Congress;

(C) the Secretary of State;

(D) the Chairman of the Commission of Fine Arts;

(E) the Mayor of the District of Columbia;

(F) the Superintendent of Schools of the District of

Columbia;

(G) the Director of the National Park Service;

(H) the Secretary of Education;

(I) the Secretary of the Smithsonian Institution;

(J)(i) the Speaker and the Minority Leader of the House of

Representatives;

(ii) the chairman and ranking minority member of the

Committee on Public Works and Transportation of the House of

Representatives; and

(iii) three additional Members of the House of

Representatives appointed by the Speaker of the House of

Representatives;

(K)(i) the Majority Leader and the Minority Leader of the

Senate;

(ii) the chairman and ranking minority member of the

Committee on Environment and Public Works of the Senate; and

(iii) three additional Members of the Senate appointed by the

President of the Senate; and

(L) thirty-six general trustees, who shall be citizens of the

United States, to be appointed in accordance with subsection

(b) of this section.

(b) General trustees

The general trustees shall be appointed by the President of the

United States. Each trustee shall hold office as a member of the

Board for a term of 6 years, except that -

(1) any member appointed to fill a vacancy occurring before the

expiration of the term for which the predecessor of the member

was appointed shall be appointed for the remainder of the term;

(2) a member shall continue to serve until the successor of the

member has been appointed; and

(3) the term of office of a member appointed before July 21,

1994, shall expire as designated at the time of appointment.

(c) Advisory Committee on the Arts

There shall be an Advisory Committee on the Arts composed of such

members as the President of the United States may designate, to

serve at the pleasure of the President. Persons appointed to the

Advisory Committee on the Arts, including officers or employees of

the United States, shall be persons who are recognized for their

knowledge of, or experience or interest in, one or more of the arts

in the fields covered by the John F. Kennedy Center for the

Performing Arts. The President shall designate the Chairman of the

Advisory Committee on the Arts. In making such appointments the

President shall give consideration to such recommendations as may

from time to time be submitted to him by leading national

organizations in the appropriate art fields. The Advisory

Committee on the Arts shall advise and consult with the Board and

make recommendations to the Board regarding existing and

prospective cultural activities to be carried out by the John F.

Kennedy Center for the Performing Arts. The Advisory Committee on

the Arts shall assist the Board in carrying out section 76k(a) of

this title. Members of the Advisory Committee on the Arts shall

serve without compensation.

-SOURCE-

(Pub. L. 85-874, Sec. 2, Sept. 2, 1958, 72 Stat. 1698; Pub. L.

88-100, Sec. 1, 2, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88-260,

Sec. 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103-279, Sec.

2(b)(1), (c), (d), July 21, 1994, 108 Stat. 1409, 1410; Pub. L.

107-117, div. D, title II, Sec. 201(a), Jan. 10, 2002, 115 Stat.

2353.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-117 designated existing

provisions as par. (1), inserted par. heading, struck out

''hereby'' before ''established'', struck out second sentence, and

added par. (2). Prior to amendment, second sentence read as

follows: ''The Board shall be composed as follows: The Secretary of

Health and Human Services, the Librarian of Congress, the Director

of the United States Information Agency, the Chairman of the

Commission of Fine Arts, the Mayor of the District of Columbia, the

Superintendent of Schools of the District of Columbia, the Director

of the National Park Service, the Secretary of Education, the

Secretary of the Smithsonian Institution, the chairman and ranking

minority member of the Committee on Public Works and Transportation

of the House of Representatives and 3 additional Members of the

House of Representatives appointed by the Speaker of the House of

Representatives, and the chairman and ranking minority member of

the Committee on Environment and Public Works of the Senate and 3

additional Members of the Senate appointed by the President of the

Senate ex officio; and thirty general trustees who shall be

citizens of the United States, to be chosen as hereinafter

provided.''

1994 - Pub. L. 103-279, Sec. 2(b)(1)(A), substituted section

catchline for former section catchline.

Subsec. (a). Pub. L. 103-279, Sec. 2(b)(1)(A), inserted heading,

in first sentence inserted ''as the National Center for the

Performing Arts, a living memorial to John Fitzgerald Kennedy,''

after ''and site thereof'', and in second sentence substituted

''Superintendent of Schools of the District of Columbia'' for

''Chairman of the District of Columbia Recreation Board'' and ''the

chairman and ranking minority member of the Committee on Public

Works and Transportation of the House of Representatives and 3

additional Members of the House of Representatives appointed by the

Speaker of the House of Representatives, and the chairman and

ranking minority member of the Committee on Environment and Public

Works of the Senate and 3 additional Members of the Senate

appointed by the President of the Senate'' for ''three Members of

the Senate appointed by the President of the Senate, and three

Members of the House of Representatives appointed by the Speaker of

the House of Representatives''.

Subsec. (b). Pub. L. 103-279, Sec. 2(c), inserted heading and

amended text generally. Prior to amendment, text read as follows:

''The general trustees shall be appointed by the President of the

United States and each such trustee shall hold office as a member

of the Board for a term of ten years, except that (1) any member

appointed to fill a vacancy occurring prior to the expiration of

the term for which his predecessor was appointed shall be appointed

for the remainder of such term, (2) the terms of any members

appointed prior to August 19, 1963, shall expire as designated by

the President at the time of appointment, and (3) the terms of the

first fifteen members appointed to the Board pursuant to the

amendments made by the National Cultural Center Amendments Act of

1963 shall expire, as designated by the President at the time of

appointment, three on September 1, 1964, three on September 1,

1966, three on September 1, 1968, three on September 1, 1970, and

three on September 1, 1972.''

Subsec. (c). Pub. L. 103-279, Sec. 2(d), inserted heading,

inserted ''of the United States'' before ''may designate'' in first

sentence, substituted ''carried out by the John'' for ''carried on

in the John'' in fifth sentence, and struck out before period at

end of last sentence '', but each member of such Committee shall be

reimbursed for travel, subsistence, and other necessary expenses

incurred by him in connection with the work of such Committee''.

1964 - Subsecs. (a), (c). Pub. L. 88-260 substituted ''John F.

Kennedy Center for the Performing Arts'' for ''National Cultural

Center'' wherever appearing.

1963 - Subsec. (a). Pub. L. 88-100, Sec. 1, substituted

''thirty'' for ''fifteen'' after ''ex officio; and''.

Subsec. (b). Pub. L. 88-100, Sec. 2, inserted provisions

governing the terms of the additional fifteen general trustees

added to the Board by section 1 of Pub. L. 88-100.

-CHANGE-

CHANGE OF NAME

Committee on Public Works and Transportation of House of

Representatives treated as referring to Committee on Transportation

and Infrastructure of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress.

-MISC4-

EFFECTIVE DATE OF 1994 AMENDMENT

Section 2(b)(2) of Pub. L. 103-279 provided that:

''(A) Superintendent of schools of the district of columbia. -

The amendment made by paragraph (1)(C)(i) (amending this section)

shall take effect on the date of expiration of the term of the

Chairman of the District of Columbia Recreation Board serving as a

trustee of the John F. Kennedy Center for the Performing Arts on

the date of enactment of this Act (July 21, 1994).

''(B) Members of congress. - The amendment made by paragraph

(1)(C)(ii) (amending this section) shall take effect on the date of

enactment of this Act.''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-224, Sec. 1, Sept. 18, 2002, 116 Stat. 1340, provided

that: ''This Act (enacting section 76q-1 of this title and amending

sections 76j, 76r, and 76s of this title) may be cited as the 'John

F. Kennedy Center Plaza Authorization Act of 2002'.''

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-226, Sec. 1, Aug. 12, 1998, 112 Stat. 1513, provided

that: ''This Act (amending sections 76j, 76l, and 76r of this

title) may be cited as the 'John F. Kennedy Center for the

Performing Arts Authorization Act of 1998'.''

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-95, Sec. 1, Nov. 19, 1997, 111 Stat. 2148, provided

that: ''This Act (amending sections 76i to 76k and 76s of this

title and section 193v of former Title 40, Public Buildings,

Property, and Works) may be cited as the 'John F. Kennedy Center

Parking Improvement Act of 1997'.''

SHORT TITLE OF 1994 AMENDMENT

Section 1 of Pub. L. 103-279 provided that: ''This Act (enacting

sections 76r and 76s of this title, amending this section, sections

76j, 76k, 76l, and 76p of this title, and sections 193r, 193u, and

193v of former Title 40, Public Buildings, Property, and Works,

enacting provisions set out as notes under this section, and

amending provisions set out as a note under this section) may be

cited as the 'John F. Kennedy Center Act Amendments of 1994'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-473, title I, Sec. 101(c), Oct. 12, 1984, 98 Stat.

1837, 1876, provided that: ''The following (amending section 76o of

this title) may be cited as 'The John F. Kennedy Center Act

Amendments of 1984'.''

SHORT TITLE OF 1963 AMENDMENT

Section 5 of Pub. L. 88-100 provided that: ''This Act (amending

this section and sections 76l and 76m of this title) may be cited

as the 'National Cultural Center Amendments Act of 1963'.''

SHORT TITLE

Section 1(a), formerly Sec. 1, of Pub. L. 85-874, as amended by

Pub. L. 88-260, Sec. 1(1), Jan. 23, 1964, 78 Stat. 4; redesignated

Sec. 1(a), Pub. L. 103-279, Sec. 2(a)(1), July 21, 1994, 108 Stat.

1409, provided that: ''This Act (enacting this subchapter) may be

cited as the 'John F. Kennedy Center Act'.''

TERMS OF OFFICE FOR NEW GENERAL TRUSTEES

Pub. L. 107-117, div. D, title II, Sec. 201(b), Jan. 10, 2002,

115 Stat. 2354, provided that: ''Section 2(b) of the John F.

Kennedy Center Act (20 U.S.C. 76h(b)) shall apply to each general

trustee of the John F. Kennedy Center for the Performing Arts whose

position is established by the amendment made by subsection (a)(2)

(amending this section) (referred to in this subsection as a 'new

general trustee'), except that the initial term of office of each

new general trustee shall -

''(1) commence on the date on which the new general trustee is

appointed by the President; and

''(2) terminate on September 1, 2007.''

NATIONAL CULTURAL CENTER; DESIGNATION OR REFERENCES

Section 2 of Pub. L. 88-260 provided that: ''In addition to the

amendments made by the first section of this Act (enacting sections

76n to 76q, and amending sections 76h to 76q of this title), any

designation or reference to the National Cultural Center in any

other law, map, regulation, document, record, or other paper of the

United States shall be held to designate or refer to such Center as

the John F. Kennedy Center for the Performing Arts.''

CONGRESSIONAL FINDINGS

Section 1(b) of Pub. L. 85-874, as added by Pub. L. 103-279, Sec.

2(a)(2), July 21, 1994, 108 Stat. 1409, provided that: ''Congress

finds that -

''(1) the late John Fitzgerald Kennedy served with distinction

as President of the United States and as a Member of the Senate

and the House of Representatives;

''(2) by the untimely death of John Fitzgerald Kennedy the

United States and the world have suffered a great loss;

''(3) the late John Fitzgerald Kennedy was particularly devoted

to education and cultural understanding and the advancement of

the performing arts;

''(4) it is fitting and proper that a living institution of the

performing arts, designated as the National Center for the

Performing Arts, named in the memory and honor of this great

leader, shall serve as the sole national monument to his memory

within the District of Columbia and its environs;

''(5) such a living memorial serves all of the people of the

United States by preserving, fostering, and transmitting the

performing arts traditions of the people of the United States and

other countries by producing and presenting music, opera,

theater, dance, and other performing arts; and

''(6) such a living memorial should be housed in the John F.

Kennedy Center for the Performing Arts, located in the District

of Columbia.''

-CITE-

20 USC Sec. 76i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76i. John F. Kennedy Center for the Performing Arts

-STATUTE-

(a) In general

The Board shall construct for the Smithsonian Institution, with

funds raised by voluntary contributions, a building to be

designated as the John F. Kennedy Center for the Performing Arts on

a site in the District of Columbia bounded by the Inner Loop

Freeway on the east, the Theodore Roosevelt Bridge approaches on

the south, Rock Creek Parkway on the west, New Hampshire Avenue and

F Street on the north, which shall be selected for such purpose by

the National Capital Planning Commission. The National Capital

Planning Commission shall acquire by purchase, condemnation, or

otherwise, lands necessary to provide for the John F. Kennedy

Center for the Performing Arts and related facilities. Such

building shall be in accordance with plans and specifications

approved by the Commission of Fine Arts.

(b) Parking garage additions and site improvements

(1) In general

Substantially in accordance with the plan entitled ''Site

Master Plan - Drawing Number 1997-2 April 29, 1997,'' and map

number NCR 844/82571, the Board may design and construct -

(A) an addition to the parking garage at each of the north

and south ends of the John F. Kennedy Center for the Performing

Arts; and

(B) site improvements and modifications.

(2) Availability

The plan shall be on file and available for public inspection

in the office of the Secretary of the Center.

(3) Limitation on use of appropriated funds

No appropriated funds may be used to pay the costs (including

the repayment of obligations incurred to finance costs) of -

(A) the design and construction of an addition to the parking

garage authorized under paragraph (1)(A);

(B) the design and construction of site improvements and

modifications authorized under paragraph (1)(B) that the Board

specifically designates will be financed using sources other

than appropriated funds; or

(C) any project to acquire large screen format equipment for

an interpretive theater, or to produce an interpretive film,

that the Board specifically designates will be financed using

sources other than appropriated funds.

-SOURCE-

(Pub. L. 85-874, Sec. 3, Sept. 2, 1958, 72 Stat. 1699; Pub. L.

88-260, Sec. 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 105-95, Sec.

2, Nov. 19, 1997, 111 Stat. 2148.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-95 substituted section catchline for former

section catchline, designated existing provisions as subsec. (a)

and inserted heading, and added subsec. (b).

1964 - Pub. L. 88-260 substituted ''John F. Kennedy Center for

the Performing Arts'' for ''National Cultural Center'' wherever

appearing.

-CITE-

20 USC Sec. 76j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76j. Duties of Board

-STATUTE-

(a) Programs, activities, and goals

(1) In general

The Board shall -

(A) present classical and contemporary music, opera, drama,

dance, and other performing arts from the United States and

other countries;

(B) promote and maintain the John F. Kennedy Center for the

Performing Arts as the National Center for the Performing Arts

-

(i) by developing and maintaining a leadership role in

national performing arts education policy and programs,

including developing and presenting original and innovative

performing arts and educational programs for children, youth,

families, adults, and educators designed specifically to

foster an appreciation and understanding of the performing

arts;

(ii) by developing and maintaining a comprehensive and

broad program for national and community outreach, including

establishing model programs for adaptation by other

presenting and educational institutions; and

(iii) by conducting joint initiatives with the national

education and outreach programs of the Very Special Arts, an

entity affiliated with the John F. Kennedy Center for the

Performing Arts which has an established program for the

identification, development, and implementation of model

programs and projects in the arts for disabled individuals;

(C) strive to ensure that the education and outreach programs

and policies of the John F. Kennedy Center for the Performing

Arts meet the highest level of excellence and reflect the

cultural diversity of the United States;

(D) provide facilities for other civic activities at the John

F. Kennedy Center for the Performing Arts;

(E) provide within the John F. Kennedy Center for the

Performing Arts a suitable memorial in honor of the late

President;

(F) develop, and update annually, a comprehensive building

needs plan for the features of the John F. Kennedy Center for

the Performing Arts in existence on July 21, 1994;

(G) with respect to the building and site of the John F.

Kennedy Center for the Performing Arts, plan, design, and

construct each capital repair, replacement, improvement,

rehabilitation, alteration, or modification necessary to

maintain the functionality of the building and site at current

standards of life, safety, security, and accessibility;

(H) provide -

(i) information and interpretation; and

(ii) with respect to the building and site of the John F.

Kennedy Center for the Performing Arts, all necessary

maintenance, repair, and alteration of, and all janitorial,

security, and other services and equipment necessary for the

operations of, the building and site, in a manner consistent

with requirements for high quality operations; and

(I) ensure that safe and convenient access to the site of the

John F. Kennedy Center for the Performing Arts is provided for

pedestrians and vehicles.

(2) Administrative powers and duties

(A) Authority to enter into contracts

The Board, in accordance with applicable law, may enter into

contracts or other arrangements with, and make payments to,

public agencies or private organizations or other private

persons in order to carry out the functions of the Board under

this subchapter. The authority described in the preceding

sentence includes utilizing the services and facilities of

other agencies, including the Department of the Interior, the

General Services Administration, and the Smithsonian

Institution.

(B) Preparation of budget

The Board shall prepare a budget pursuant to sections 1104,

1105(a), and 1513(b) of title 31.

(C) Use of agency personnel

The Board may utilize or employ the services of the personnel

of any agency or instrumentality of the Federal Government or

the District of Columbia, with the consent of the agency or the

instrumentality concerned, on a reimbursable basis, and utilize

voluntary and uncompensated personnel.

(D) Selection of contractors

In carrying out the duties of the Board under this

subchapter, the Board may negotiate any contract -

(i) for planning, design, engineering, or construction of

buildings to be erected on the John F. Kennedy Center Plaza

under section 76q-1 of this title and for landscaping and

other improvements to the Plaza; or

(ii) for an environmental system for, a protection system

for, or a repair to, maintenance of, or restoration of the

John F. Kennedy Center for the Performing Arts,

with selected contractors and award the contract on the basis

of contractor qualifications as well as price.

(E) Maintenance of halls

The Board shall maintain the Hall of Nations, the Hall of

States, and the Grand Foyer of the John F. Kennedy Center for

the Performing Arts in a manner that is suitable to a national

performing arts center that is operated as a Presidential

memorial and in a manner consistent with other national

Presidential memorials.

(F) Maintenance of grounds

The Board shall manage and operate the grounds of the John F.

Kennedy Center for the Performing Arts in a manner consistent

with National Park Service regulations and agreements in effect

on July 21, 1994. No change in the management and operation of

the grounds may be made without the express approval of

Congress and of the Secretary of the Interior.

(b) Restriction on additional memorials

(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.

-SOURCE-

(Pub. L. 85-874, Sec. 4, Sept. 2, 1958, 72 Stat. 1699; Pub. L.

88-260, Sec. 1(3), Jan. 23, 1964, 78 Stat. 4; Pub. L. 98-205, Sec.

4, Dec. 2, 1983, 97 Stat. 1388; Pub. L. 103-279, Sec. 3, July 21,

1994, 108 Stat. 1411; Pub. L. 105-95, Sec. 3(a), Nov. 19, 1997, 111

Stat. 2149; Pub. L. 105-226, Sec. 2, 3, Aug. 12, 1998, 112 Stat.

1513; Pub. L. 107-224, Sec. 4(a), Sept. 18, 2002, 116 Stat. 1343.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(2)(D). Pub. L. 107-224 amended heading and

text of subpar. (D) generally. Prior to amendment, text read as

follows: ''In carrying out the duties of the Board under this

subchapter, the Board may negotiate any contract for an

environmental system for, a protection system for, or a repair to,

maintenance of, or restoration of the John F. Kennedy Center for

the Performing Arts with selected contractors and award the

contract on the basis of contractor qualifications as well as

price.''

1998 - Subsec. (a)(1)(G). Pub. L. 105-226, Sec. 2, amended

subpar. (G) generally. Prior to amendment, subpar. (G) read as

follows: ''with respect to each feature of the building and site of

the John F. Kennedy Center for the Performing Arts that is in

existence on July 21, 1994 (including a theater, the garage, the

plaza, or a building walkway), plan, design, and construct each

capital repair, replacement, improvement, rehabilitation,

alteration, or modification necessary for the feature;''.

Subsec. (a)(1)(H)(ii). Pub. L. 105-226, Sec. 3, amended cl. (ii)

generally. Prior to amendment, cl. (ii) read as follows: ''with

respect to each feature of the building and site of the John F.

Kennedy Center for the Performing Arts that is in existence on July

21, 1994 (including a theater, the garage, the plaza, or a building

walkway), all necessary maintenance, repair, and alteration of, and

all janitorial, security, and other services and equipment

necessary for the operation of, the feature, in a manner consistent

with requirements for high quality operations; and''.

1997 - Subsec. (a)(1)(I). Pub. L. 105-95 added subpar. (I).

1994 - Pub. L. 103-279 substituted section catchline for former

section catchline, added heading and text of subsec. (a), and

struck out former subsec. (a) which read as follows: ''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.''

1983 - Pub. L. 98-205 designated existing provisions as subsec.

(a) and added subsec. (b).

1964 - Pub. L. 88-260 struck out ''and'' at end of par. (3),

substituted ''John F. Kennedy Center for the Performing Arts'' for

''Cultural Center'' in par. (4), and added par. (5).

ACCESS TO JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

Pub. L. 105-178, title I, Sec. 1214(a), June 9, 1998, 112 Stat.

204, provided that:

''(1) Study. - The Secretary (of Transportation), in cooperation

with the District of Columbia, the John F. Kennedy Center for the

Performing Arts, and the Department of the Interior and in

consultation with other interested persons, shall conduct a study

of methods to improve pedestrian and vehicular access to the John

F. Kennedy Center for the Performing Arts.

''(2) Report. - Not later than September 30, 1999, the Secretary

shall transmit to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee on

Environment and Public Works of the Senate a report containing the

results of the study with an assessment of the impacts (including

environmental, aesthetic, economic, and historical impacts)

associated with the implementation of each of the methods examined

under the study.

''(3) Authorization of appropriations. - There is authorized to

be appropriated out of the Highway Trust Fund (other than the Mass

Transit Account) to carry out this subsection $500,000 for fiscal

year 1998.

''(4) Applicability of title 23, united states code. - Funds

authorized by this subsection shall be available for obligation in

the same manner as if such funds were apportioned under chapter 1

of title 23, United States Code; except that the Federal share of

the cost of activities conducted using such funds shall be 100

percent and such funds shall remain available until expended.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 76k, 76q-1, 76r of this

title.

-CITE-

20 USC Sec. 76k 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76k. Powers of Board

-STATUTE-

(a) Solicitation and acceptance of gifts

The Board is authorized to solicit and accept for the John F.

Kennedy Center for the Performing Arts, as a bureau of the

Smithsonian Institution, and to hold and administer gifts,

bequests, or devises of money, securities, or other property of

whatsoever character for the benefit of the John F. Kennedy Center

for the Performing Arts. Unless otherwise restricted by the terms

of the gift, bequest, or devise, the Board is authorized to sell or

exchange and to invest or reinvest in such investments as it may

determine from time to time the moneys, securities, or other

property composing trust funds given, bequeathed, or devised to or

for the benefit of the John F. Kennedy Center for the Performing

Arts. The income as and when collected shall be placed in such

depositaries as the Board shall determine and shall be subject to

expenditure by the Board.

(b) Appointment of officers and employees

(1) Chairperson and Secretary

The Board shall appoint and fix the compensation and duties of

a Chairperson of the John F. Kennedy Center for the Performing

Arts, who shall serve as the chief executive officer of the

Center, and a Secretary of the John F. Kennedy Center for the

Performing Arts. The Chairperson and Secretary shall be well

qualified by experience and training to perform the duties of

their respective offices.

(2) Senior level executive and other employees

The Chairperson of the John F. Kennedy Center for the

Performing Arts may appoint -

(A) a senior level executive who, by virtue of the background

of the individual, shall be well suited to be responsible for

facilities management and services and who may, without regard

to the provisions of title 5, be appointed and compensated with

appropriated funds, except that the compensation may not exceed

the maximum rate of pay prescribed for level IV of the

Executive Schedule under section 5315 of title 5; and

(B) such other officers and employees of the John F. Kennedy

Center for the Performing Arts as may be necessary for the

efficient administration of the functions of the Board.

(c) Transfer of property

Not later than October 1, 1995, the property, liabilities,

contracts, records, and unexpended balances of appropriations,

authorizations, allocations, and other funds employed, held, used,

arising from, available to, or to be made available in connection

with the functions transferred from the Secretary of the Interior

pursuant to the amendments made by the John F. Kennedy Center Act

Amendments of 1994 shall be transferred, subject to section 1531 of

title 31, to the Board as the Board and the Secretary of the

Interior may determine appropriate. Unexpended funds transferred

pursuant to this subsection shall be used only for the purposes for

which, and subject to the terms under which, the funds were

originally authorized and appropriated.

(d) Transfer of personnel

(1) In general

Employees of the National Park Service assigned to duties

related to the functions being undertaken by the Board shall be

transferred with their functions to the Board not later than

October 1, 1995.

(2) Rights and benefits

Transferred employees shall remain in the Federal competitive

service and retain all rights and benefits provided under title

5. For a period of not less than 3 years after the date of

transfer of an employee under paragraph (1), the transferred

employee shall retain the right of priority consideration under

merit promotion procedures or lateral reassignment for all

vacancies within the Department of the Interior.

(3) Park Police

All United States Park Police and Park Police guard force

employees assigned to the John F. Kennedy Center for the

Performing Arts shall remain employees of the National Park

Service.

(4) Costs

All usual and customary costs associated with any adverse

action or grievance proceeding resulting from the transfer of

functions under this section that are incurred before October 1,

1995, shall be paid from funds appropriated to the John F.

Kennedy Center for the Performing Arts.

(5) Reorganization authority

Nothing contained in this section shall prohibit the Board from

reorganizing functions at the John F. Kennedy Center for the

Performing Arts in accordance with laws governing

reorganizations.

(e) Review of Board actions

The actions of the Board relating to performing arts and to

payments made or directed to be made by the Board from any trust

funds shall not be subject to review by any officer or agency other

than a court of law.

(f) Collective bargaining

(1) ''Theatrical employee'' defined

As used in this subsection, the term ''theatrical employee''

means a nonappropriated fund employee of the Board, who is

engaged in a box office, performing, or theatrical trade that is

the subject of a collective bargaining agreement as of January 1,

1994, including any change in the trade as a result of a

technological advance.

(2) Collective bargaining

(A) In general

For the purposes of the National Labor Relations Act (29

U.S.C. 151 et seq.) and the Labor-Management Relations Act,

1947 (29 U.S.C. 141 et seq.) -

(i) each theatrical employee shall be considered to be an

''employee'' within the meaning of section 2(3) of the

National Labor Relations Act (29 U.S.C. 152(3)); and

(ii) with respect to a theatrical employee, the Board shall

be considered to be an ''employer'' within the meaning of

section 2(2) of the National Labor Relations Act (29 U.S.C.

152(2)).

(B) Rights and obligations

With respect to each theatrical employee, the theatrical

employee and the Board shall have all of the rights and

obligations specified in such Acts.

(g) Pedestrian and vehicular access

Subject to approval of the Secretary of the Interior under

section 76j(a)(2)(F) of this title, the Board shall develop plans

and carry out projects to improve pedestrian and vehicular access

to the John F. Kennedy Center for the Performing Arts.

-SOURCE-

(Pub. L. 85-874, Sec. 5, Sept. 2, 1958, 72 Stat. 1699; Pub. L.

88-260, Sec. 1(2), Jan. 23, 1964, 78 Stat. 4; Pub. L. 103-279, Sec.

4, July 21, 1994, 108 Stat. 1413; Pub. L. 105-95, Sec. 3(b), Nov.

19, 1997, 111 Stat. 2149.)

-REFTEXT-

REFERENCES IN TEXT

The John F. Kennedy Center Act Amendments of 1994, referred to in

subsec. (c), is Pub. L. 103-279, July 21, 1994, 108 Stat. 1409,

which enacted sections 76r and 76s of this title, amended this

section, sections 76h, 76j, 76l, and 76p of this title, and

sections 193r, 193u, and 193v of former Title 40, Public Buildings,

Property, and Works, and enacted and amended provisions set out as

notes under section 76h of this title. For complete classification

of this Act to the Code, see Short Title of 1994 Amendment note set

out under section 76h of this title and Tables.

The provisions relating to the Federal competitive service,

referred to in subsec. (d)(2), are classified generally to section

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

The National Labor Relations Act, referred to in subsec. (f)(2),

is act July 5, 1935, ch. 372, 49 Stat. 449, as amended, which is

classified generally to subchapter II (Sec. 151 et seq.) of chapter

7 of Title 29, Labor. For complete classification of this Act to

the Code, see section 167 of Title 29 and Tables.

The Labor Management Relations Act, 1947, referred to in subsec.

(f)(2), is act June 23, 1947, ch. 120, 61 Stat. 136, as amended,

which is classified principally to chapter 7 (Sec. 141 et seq.) of

Title 29. For complete classification of this Act to the Code, see

section 141 of Title 29 and Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (g). Pub. L. 105-95 added subsec. (g).

1994 - Pub. L. 103-279, Sec. 4(a)(1), substituted section

catchline for former section catchline.

Subsec. (a). Pub. L. 103-279, Sec. 4(a)(1), inserted heading and

substituted ''John F. Kennedy Center for the Performing Arts, as a

bureau of the Smithsonian Institution,'' for ''Smithsonian

Institution''.

Subsec. (b). Pub. L. 103-279, Sec. 4(b), inserted heading and

amended text generally. Prior to amendment, text read as follows:

''The Board shall appoint and fix the compensation and duties of a

director, an assistant director, and a secretary of the John F.

Kennedy Center for the Performing Arts and of such other officers

and employees of the John F. Kennedy Center for the Performing Arts

as may be necessary for the efficient administration of the

functions of the Board. The director, assistant director, and

secretary shall be well qualified by experience and training to

perform the duties of their office.''

Subsec. (c). Pub. L. 103-279, Sec. 4(c), added heading and text

of subsec. (c) and struck out text of former subsec. (c). Prior to

amendment, text read as follows: ''The actions of the Board,

including any payment made or directed to be made by it from any

trust funds, shall not be subject to review by any officer or

agency other than a court of law.''

Subsecs. (d) to (f). Pub. L. 103-279, Sec. 4(c), added subsecs.

(d) to (f).

1964 - Subsecs. (a), (b). Pub. L. 88-260 substituted ''John F.

Kennedy Center for the Performing Arts'' for ''National Cultural

Center'' wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 76h of this title.

-CITE-

20 USC Sec. 76l 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76l. Official seal, Board vacancies and quorum, trustee powers

and obligations, reports, support services, and review and

audit

-STATUTE-

(a) Adoption of seal; Board function notwithstanding vacancies;

quorum

The Board is authorized to adopt an official seal which shall be

judicially noticed and to make such bylaws, rules, and regulations,

as it deems necessary for the administration of its functions under

this subchapter, including, among other matters, bylaws, rules, and

regulations relating to the administration of its trust funds and

the organization and procedure of the Board. The Board may function

notwithstanding vacancies and twelve members of the Board shall

constitute a quorum for the transaction of business.

(b) Powers and obligations of Board in respect of trust funds

The Board shall have all the usual powers and obligations of a

trustee in respect of all trust funds administered by it.

(c) Annual report of operations and finances

The Board shall submit to the Smithsonian Institution and to

Congress an annual report of the operations of the Board under this

subchapter, including a detailed statement of all public and

private moneys received and disbursed by it.

(d) Inspector General

The functions of the Board funded by funds appropriated pursuant

to section 76r of this title shall be subject to the requirements

for a Federal entity under the Inspector General Act of 1978 (5

U.S.C. App.). The Inspector General of the Smithsonian Institution

is authorized to carry out the requirements of such Act on behalf

of the Board, on a reimbursable basis when requested by the Board.

(e) Property and personnel compensation

(1) In general

The Board may procure insurance against any loss in connection

with the property of the Board and other assets administered by

the Board. Each employee and volunteer of the Board shall be

considered to be a civil employee of the United States (within

the meaning of the term ''employee'' as defined in section

8101(1) of title 5), except that the Board shall continue to

provide benefits with respect to any disability or death

resulting from a personal injury to a nonappropriated fund

employee of the Board sustained while in the performance of the

duties of the employee for the Board pursuant to the workers

compensation statute of the jurisdiction in which the John F.

Kennedy Center for the Performing Arts is located. The

disability or death benefits referred to in the preceding

sentence, whether under the workers compensation statute referred

to in the preceding sentence or under chapter 81 of title 5,

shall continue to be the exclusive liability of the Board and the

United States with respect to all employees and volunteers of the

Board.

(2) Federal tort claims

For the purposes of chapter 171 of title 28, an employee of the

Board shall be considered to be an ''employee of the government''

and the Board shall be considered to be a ''Federal agency''. No

employee of the Board may bring suit against the United States or

the Board under the Federal tort claims procedure of chapter 171

of title 28 for disability or death resulting from personal

injury sustained while in the performance of the duties of the

employee for the Board.

-SOURCE-

(Pub. L. 85-874, Sec. 6, Sept. 2, 1958, 72 Stat. 1699; Pub. L.

88-100, Sec. 3, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88-260, Sec.

1(4), (5), Jan. 23, 1964, 78 Stat. 4; Pub. L. 92-313, Sec. 10, June

16, 1972, 86 Stat. 222; Pub. L. 93-67, July 10, 1973, 87 Stat. 161;

Pub. L. 94-119, Sec. 1, 2, Oct. 21, 1975, 89 Stat. 608; Pub. L.

94-578, title III, Sec. 314, Oct. 21, 1976, 90 Stat. 2737; Pub. L.

95-50, Sec. 2, June 20, 1977, 91 Stat. 232; Pub. L. 95-305, June

29, 1978, 92 Stat. 348; Pub. L. 96-587, Sec. 1, Dec. 23, 1980, 94

Stat. 3387; Pub. L. 97-73, Nov. 3, 1981, 95 Stat. 1064; Pub. L.

97-202, June 24, 1982, 96 Stat. 128; Pub. L. 101-449, Sec. 1-3,

Oct. 22, 1990, 104 Stat. 1050; Pub. L. 102-500, Sec. 1, Oct. 24,

1992, 106 Stat. 3267; Pub. L. 103-279, Sec. 5, July 21, 1994, 108

Stat. 1414; Pub. L. 105-226, Sec. 4, Aug. 12, 1998, 112 Stat.

1513.)

-REFTEXT-

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (d), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1998 - Subsecs. (d) to (f). Pub. L. 105-226 redesignated subsecs.

(e) and (f) as (d) and (e), respectively, and struck out heading

and text of former subsec. (d). Text read as follows: ''Not less

than once every 3 years, the Comptroller General shall review and

audit the accounts of the John F. Kennedy Center for the Performing

Arts for the purpose of examining expenditures of funds

appropriated under the authority provided by this subchapter.''

1994 - Subsec. (c). Pub. L. 103-279, Sec. 5(1), substituted ''the

operations of the Board'' for ''its operations''.

Subsecs. (d) to (f). Pub. L. 103-279, Sec. 5(2), added subsecs.

(d) to (f) and struck out former subsec. (e) which related to

maintenance, repair, alteration, security, information, and other

services and former subsec. (f) which related to audits.

1992 - Subsec. (e)(3). Pub. L. 102-500 amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''There

is authorized to be appropriated to the Secretary of the Interior

to carry out this subsection -

''(A) for fiscal year 1991, not more than -

''(i) $6,750,000 for annual maintenance, repairs,

alterations, and operating services; and

''(ii) $15,000,000 for deferred maintenance, repairs, and

alterations; and

''(B) for fiscal year 1992, not more than -

''(i) $9,850,000 for annual maintenance, repairs,

alterations, and operating services; and

''(ii) $15,512,000 for deferred maintenance, repairs, and

alterations.''

1990 - Subsec. (d). Pub. L. 101-449, Sec. 3, struck out subsec.

(d) which read as follows: ''The Board shall transmit to Congress a

detailed report of any memorial which it proposes to provide within

the John F. Kennedy Center for the Performing Arts under authority

of paragraph (5) of section 76j of this title, and no such memorial

shall be provided until the Board of Regents of the Smithsonian

Institution shall have approved such memorial.''

Subsec. (e). Pub. L. 101-449, Sec. 1, amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows: ''The

Secretary of the Interior, acting through the National Park

Service, shall provide maintenance, security, information,

interpretation, janitorial and all other services necessary to the

nonperforming arts functions of the John F. Kennedy Center for the

Performing Arts. There is authorized to be appropriated to carry

out this subsection not to exceed $2,800,000 for the fiscal year

ending June 30, 1976, $741,000 for the transition period ending

September 30, 1976, $3,100,000 for the fiscal year ending September

30, 1977, and $4,000,000 for the fiscal year ending September 30,

1978. There is authorized to be appropriated to carry out this

subsection not to exceed $4,200,000 for the fiscal year ending

September 30, 1979. There is authorized to be appropriated to carry

out this subsection not to exceed $4,287,000 for the fiscal year

ending September 30, 1980, and not to exceed $4,400,000 for the

fiscal year ending September 30, 1981, and not to exceed $4,544,000

for the fiscal year ending September 30, 1982, and not to exceed

$4,247,000 for the fiscal year ending September 30, 1983.''

Subsec. (f). Pub. L. 101-449, Sec. 2, amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows: ''The

General Accounting Office is authorized and directed to review and

audit, regularly, the accounts of the Kennedy Center for the

Performing Arts, for the purpose of determining the continuing

ability of the Center to pay its share of future operating costs,

and for the purpose of assuring that the cost-of-living formula

fairly and accurately reflects the use of the building.''

1982 - Subsec. (e). Pub. L. 97-202 inserted provisions

authorizing an appropriation of not to exceed $4,247,000 for fiscal

year ending Sept. 30, 1983.

1981 - Subsec. (e). Pub. L. 97-73 inserted provision authorizing

an appropriation of not to exceed $4,544,000 for fiscal year ending

Sept. 30, 1982.

1980 - Subsec. (e). Pub. L. 96-587 inserted provisions

authorizing appropriations for fiscal years ending Sept. 30, 1980,

and Sept. 30, 1981.

1978 - Subsec. (e). Pub. L. 95-305 inserted provisions

authorizing appropriations for fiscal year ending Sept. 30, 1979.

1977 - Subsec. (e). Pub. L. 95-50 substituted provisions

authorizing an appropriation of $4,000,000 for fiscal year ending

Sept. 30, 1978, for provisions authorizing appropriations of

$4,000,000 for fiscal year ending Sept. 30, 1978, and not to exceed

$4,300,000 for the fiscal year ending Sept. 30, 1979.

1976 - Subsec. (e). Pub. L. 94-578 substituted provisions

authorizing appropriations for fiscal years ending Sept. 30, 1978,

and Sept. 30, 1979, for provisions covering fiscal years ending

Sept. 30, 1976, Sept. 30, 1977, and transitional period ending

Sept. 30, 1976.

1975 - Subsec. (e). Pub. L. 94-119, Sec. 1, inserted provisions

authorizing appropriations for fiscal year ending June 30, 1976,

for the transitional period ending Sept. 30, 1976, and for fiscal

year ending Sept. 30, 1977.

Subsec. (f). Pub. L. 94-119, Sec. 2, added subsec. (f).

1973 - Subsec. (e). Pub. L. 93-67 substituted provisions

authorizing appropriations not to exceed $2,400,000 for fiscal year

ending June 30, 1974, and $2,500,000 for fiscal year ending June

30, 1975, for provision granting general authorization of

appropriation for fiscal year ending June 30, 1973.

1972 - Subsec. (e). Pub. L. 92-313 added subsec. (e).

1964 - Subsec. (c). Pub. L. 88-260, Sec. 1(4), inserted ''and to

Congress'' after ''Smithsonian Institution''.

Subsec. (d). Pub. L. 88-260, Sec. 1(5), added subsec. (d).

1963 - Subsec. (a). Pub. L. 88-100 substituted ''twelve'' for

''eight'' after ''vacancies and''.

TERMINATION OF REPORTING REQUIREMENTS

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

(c) of this section relating to submitting 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 192 of House Document No. 103-7.

AWARD OF SERVICE CONTRACTS

Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1782,

provided: ''That contracts hereafter awarded for environmental

systems, housekeeping, protection systems, and repair or renovation

of buildings of the John F. Kennedy Center for the Performing Arts

may be negotiated with selected contractors and awarded on the

basis of contractor qualifications as well as price.''

-CITE-

20 USC Sec. 76m, 76n 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76m, 76n. Repealed. Pub. L. 101-449, Sec. 3, Oct. 22, 1990,

104 Stat. 1050

-MISC1-

Section 76m, Pub. L. 85-874, Sec. 7, Sept. 2, 1958, 72 Stat.

1700; Pub. L. 86-297, Sept. 21, 1959, 73 Stat. 573; Pub. L. 88-100,

Sec. 4, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88-260, Sec. 1(2),

Jan. 23, 1964, 78 Stat. 4; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,

100 Stat. 2095, related to termination of offices created and

appointments made in connection with John F. Kennedy Center for the

Performing Arts if moneys were not found to construct the Center

within eight years after Sept. 2, 1958.

Section 76n, Pub. L. 85-874, Sec. 8, as added Pub. L. 88-260,

Sec. 1(6), Jan. 23, 1964, 78 Stat. 4; amended Pub. L. 91-90, Sec.

1(a), Oct. 17, 1969, 83 Stat. 135; Pub. L. 92-313, Sec. 9, June 16,

1972, 86 Stat. 222; Pub. L. 95-50, Sec. 1, June 20, 1977, 91 Stat.

232, authorized appropriations for construction, repair,

renovation, and reconstruction of John F. Kennedy Center for the

Performing Arts.

-CITE-

20 USC Sec. 76o 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76o. Borrowing authority to finance parking facilities

-STATUTE-

(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.

-SOURCE-

(Pub. L. 85-874, Sec. 9, as added Pub. L. 88-260, Sec. 1(6), Jan.

23, 1964, 78 Stat. 5; amended Pub. L. 91-90, Sec. 1(b), Oct. 17,

1969, 83 Stat. 135; Pub. L. 98-473, title I, Sec. 101(c), Oct. 12,

1984, 98 Stat. 1837, 1876; Pub. L. 101-449, Sec. 4, Oct. 22, 1990,

104 Stat. 1051.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-449 substituted ''chapter 31 of

title 31'' for ''the Second Liberty Bond Act, as amended,'' in two

places.

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).

1969 - Pub. L. 91-90 substituted ''$20,400,000'' for

''$15,400,000'' in two places.

-CITE-

20 USC Sec. 76p 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76p. Acceptance and disposition of gifts to the United States

contributed in honor or memory of the late President John F.

Kennedy

-STATUTE-

The Secretary of the Treasury is authorized to accept on behalf

of the United States any gift to the United States which the

Secretary finds has been contributed in honor of or in memory of

the late President John F. Kennedy and to pay the money to such

appropriation or other accounts, including the appropriation

accounts established pursuant to appropriations authorized by this

subchapter, as in the judgment of the Secretary will best

effectuate the intent of the donor.

-SOURCE-

(Pub. L. 85-874, Sec. 10, as added Pub. L. 88-260, Sec. 1(6), Jan.

23, 1964, 78 Stat. 5; amended Pub. L. 103-279, Sec. 6, July 21,

1994, 108 Stat. 1415.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-279 substituted ''which the Secretary finds''

for ''which he finds'' and ''the judgment of the Secretary'' for

''his judgment''.

-CITE-

20 USC Sec. 76q 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76q. Sole national memorial to the late John F. Kennedy within

the city of Washington and environs

-STATUTE-

The John F. Kennedy Center for the Performing Arts, designated by

this subchapter, shall be the sole national memorial to the late

John Fitzgerald Kennedy within the city of Washington and its

environs.

-SOURCE-

(Pub. L. 85-874, Sec. 11, as added Pub. L. 88-260, Sec. 1(6), Jan.

23, 1964, 78 Stat. 5.)

-CITE-

20 USC Sec. 76q-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76q-1. John F. Kennedy Center Plaza

-STATUTE-

(a) Definitions

In this section, the following definitions apply:

(1) Air rights

The term ''air rights'' means real property interests conveyed

by deed, lease, or permit for the use of space between streets

and alleys within the boundaries of the Project.

(2) Center

The term ''Center'' means the John F. Kennedy Center for the

Performing Arts.

(3) Green spaces

The term ''green spaces'' means areas within the boundaries of

the Project or affected by the Project that are covered by grass,

trees, or other vegetation.

(4) Plaza

The term ''Plaza'' means improvements to the area surrounding

the John F. Kennedy Center building carried out under the Project

and comprised of transportation elements (including roadways,

sidewalks, and bicycle lanes) and non-transportation elements

(including landscaping, green space, open public space, water,

sewer, and utility connections).

(5) Project

The term ''Project'' means the Plaza project, as described in

the TEA-21 report, providing for construction of a Plaza adjacent

to the Center and for improved bicycle, pedestrian, and vehicular

access to and around the Center. The term includes planning,

design, engineering, and construction of the Plaza, buildings to

be constructed on the Plaza, and related transportation

improvements and may include any other elements of the Project

identified in the TEA-21 report.

(6) Secretary

The term ''Secretary'' means the Secretary of Transportation.

(7) TEA-21 report

The term ''TEA-21 report'' means the report of the Secretary

submitted to Congress under section 1214 of the Transportation

Equity Act for the 21st Century (20 U.S.C. 76j note; 112 Stat.

204).

(b) Responsibilities of the Secretary

(1) In general

The Secretary shall be responsible for the Project and may

undertake such activities as may be necessary to construct the

Project, other than buildings to be constructed on the Plaza,

substantially as described in the TEA-21 report.

(2) Planning, design, engineering, and construction

The Secretary shall be responsible for the planning, design,

engineering, and construction of the Project, other than

buildings to be constructed on the Plaza.

(3) Agreements with the Board and other agencies

The Secretary shall enter into memoranda of agreement with the

Board and any appropriate Federal or other governmental agency to

facilitate the planning, design, engineering, and construction of

the Project.

(4) Consultation with the Board

The Secretary shall consult with the Board to maximize

efficiencies in planning and executing the Project, including the

construction of any buildings on the Plaza.

(5) Contracts

Subject to the approval of the Board, the Secretary may enter

into contracts on behalf of the Center related to the planning,

design, engineering, and construction of the Project.

(c) Responsibilities of the Board

(1) In general

The Board may undertake such activities as may be necessary to

construct buildings on the Plaza for the Project.

(2) Receipt of transfers of air rights

The Board may receive from the District of Columbia such

transfers of air rights as may be necessary for the planning,

design, engineering, and construction of the Project.

(3) Construction of buildings

The Board may construct, with non-appropriated funds, buildings

on the Plaza for the Project and shall be responsible for the

planning, design, engineering, and construction of the buildings.

(4) Acknowledgment of contributions

(A) In general

The Board may acknowledge private contributions used in the

construction of buildings on the Plaza for the Project in the

interior of the buildings, but may not acknowledge private

contributions on the exterior of the buildings.

(B) Applicability of other requirements

Any acknowledgment of private contributions under this

paragraph shall be consistent with the requirements of section

76j(b) of this title.

(d) Responsibilities of the District of Columbia

(1) Modification of highway system

Notwithstanding any State or local law, the Mayor of the

District of Columbia, in consultation with the National Capital

Planning Commission and the Secretary, shall have exclusive

authority to amend or modify the permanent system of highways of

the District of Columbia as may be necessary to meet the

requirements and needs of the Project.

(2) Conveyances

(A) Authority

Notwithstanding any State or local law, the Mayor of the

District of Columbia shall have exclusive authority to convey

or dispose of any interests in real estate (including air

rights or air space as that term is defined by District of

Columbia law) owned or controlled by the District of Columbia,

as may be necessary to meet the requirements and needs of the

Project.

(B) Conveyance to the Board

Not later than 90 days following the date of receipt of

notification from the Secretary of the requirements and needs

of the Project, the Mayor of the District of Columbia shall

convey or dispose of to the Board without compensation

interests in real estate described in subparagraph (A).

(3) Agreements with the Board

The Mayor of the District of Columbia shall have the authority

to enter into memoranda of agreement with the Board and any

Federal or other governmental agency to facilitate the planning,

design, engineering, and construction of the Project.

(e) Ownership

(1) Roadways and sidewalks

Upon completion of the Project, responsibility for maintenance

and oversight of roadways and sidewalks modified or improved for

the Project shall remain with the owner of the affected roadways

and sidewalks.

(2) Maintenance of green spaces

Subject to paragraph (3), upon completion of the Project,

responsibility for maintenance and oversight of any green spaces

modified or improved for the Project shall remain with the owner

of the affected green spaces.

(3) Buildings and green spaces on the Plaza

Upon completion of the Project, the Board shall own, operate,

and maintain the buildings and green spaces established on the

Plaza for the Project.

(f) National highway boundaries

(1) Realignment of boundaries

The Secretary may realign national highways related to proposed

changes to the Northern and Southern Interchanges and the E

Street Approach recommended in the TEA-21 report in order to

facilitate the flow of traffic in the vicinity of the Center.

(2) Access to Center from I-66

The Secretary may improve direct access and egress between

Interstate Route 66 and the Center, including its garages.

-SOURCE-

(Pub. L. 85-874, Sec. 12, as added Pub. L. 107-224, Sec. 2(2),

Sept. 18, 2002, 116 Stat. 1340.)

-REFTEXT-

REFERENCES IN TEXT

Section 1214 of the Transportation Equity Act for the 21st

Century, referred to in subsec. (a)(7), is section 1214 of Pub. L.

105-178, which enacted provisions set out as notes under sections

50 and 76j of this title, section 460m-29a of Title 16,

Conservation, and section 202 of Title 23, Highways, and enacted

provisions listed in a table of National Wildlife Refuges set out

under section 668dd of Title 16.

-MISC2-

PRIOR PROVISIONS

A prior section 12 of Pub. L. 85-874 was renumbered section 13

and is classified to section 76r of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 76j, 76r, 76s of this

title.

-CITE-

20 USC Sec. 76r 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76r. Authorization of appropriations

-STATUTE-

(a) Maintenance, repair, and security

There are authorized to be appropriated to the Board to carry out

section 76j(a)(1)(H) of this title -

(1) $13,000,000 for fiscal year 1999;

(2) $14,000,000 for each of fiscal years 2000 and 2001; and

(3) $15,000,000 for each of fiscal years 2002 and 2003.

(b) Capital projects

There are authorized to be appropriated to the Board to carry out

subparagraphs (F) and (G) of section 76j(a)(1) of this title -

(1) $20,000,000 for each of fiscal years 1999, 2000, and 2001;

(2) $19,000,000 for fiscal year 2002; and

(3) $17,000,000 for fiscal year 2003.

(c) John F. Kennedy Center Plaza

There is authorized to be appropriated to the Secretary of

Transportation for capital costs incurred in the planning, design,

engineering, and construction of the project authorized by section

76q-1 of this title (including roadway improvements related to the

North and South Interchanges and construction of the John F.

Kennedy Center Plaza, but not including construction of any

buildings on the plaza) a total of $400,000,000 for fiscal years

2003 through 2010. Such sums shall remain available until expended.

(d) Limitation on use of funds

No funds appropriated pursuant to this section may be used for

any direct expense incurred in the production of a performing arts

attraction, for personnel who are involved in performing arts

administration (including any supply or equipment used by the

personnel), or for production, staging, public relations,

marketing, fundraising, ticket sales, or education. Funds

appropriated directly to the Board shall not affect nor diminish

other Federal funds sought for any performing arts function and may

be used to reimburse the Board for that portion of costs that are

Federal costs reasonably allocated to building services and theater

maintenance and repair.

-SOURCE-

(Pub. L. 85-874, Sec. 13, formerly Sec. 12, as added Pub. L.

103-279, Sec. 7, July 21, 1994, 108 Stat. 1415; amended Pub. L.

105-226, Sec. 5, Aug. 12, 1998, 112 Stat. 1513; renumbered Sec. 13

and amended Pub. L. 107-224, Sec. 2(1), 3, Sept. 18, 2002, 116

Stat. 1340, 1342.)

-MISC1-

PRIOR PROVISIONS

A prior section 13 of Pub. L. 85-874 was renumbered section 14

and is classified to section 76s of this title.

AMENDMENTS

2002 - Subsecs. (c), (d). Pub. L. 107-224, Sec. 3, added subsec.

(c) and redesignated former subsec. (c) as (d).

1998 - Subsecs. (a), (b). Pub. L. 105-226 added subsecs. (a) and

(b) and struck out former subsecs. (a) and (b) which read as

follows:

''(a) Maintenance, Repair, and Security. - There are authorized

to be appropriated to the Board to carry out section 76j(a)(1)(H)

of this title $12,000,000 for each of fiscal years 1995 through

1999.

''(b) Capital Projects. - There are authorized to be appropriated

to the Board to carry out subparagraphs (F) and (G) of section

76j(a)(1) of this title $9,000,000 for each of fiscal years 1995

through 1999.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 76l of this title.

-CITE-

20 USC Sec. 76s 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER V - JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

-HEAD-

Sec. 76s. Definitions

-STATUTE-

As used in this subchapter, the terms ''building and site of the

John F. Kennedy Center for the Performing Arts'' and ''grounds of

the John F. Kennedy Center for the Performing Arts'' refer to the

site in the District of Columbia on which the John F. Kennedy

Center building is constructed and that extends to the line of the

west face of the west retaining walls and curbs of the Inner Loop

Freeway on the east, the north face of the north retaining walls

and curbs of the Theodore Roosevelt Bridge approaches on the south,

the east face of the east retaining walls and curbs of Rock Creek

Parkway on the west, and the south curbs of New Hampshire Avenue

and F Street on the north, as generally depicted on the map

entitled ''Transfer of John F. Kennedy Center for the Performing

Arts'', numbered 844/82563, and dated April 20, 1994 (as amended by

the map entitled ''Transfer of John F. Kennedy Center for the

Performing Arts'', numbered 844/82563A and dated May 22, 1997),

which shall be on file and available for public inspection in the

office of the National Capital Region, National Park Service,

Department of the Interior. Upon completion of the project for

establishment of the John F. Kennedy Center Plaza authorized by

section 76q-1 of this title, the Board, in consultation with the

Secretary of Transportation, shall amend the map that is on file

and available for public inspection under the preceding sentence.

-SOURCE-

(Pub. L. 85-874, Sec. 14, formerly Sec. 13, as added Pub. L.

103-279, Sec. 8, July 21, 1994, 108 Stat. 1416; amended Pub. L.

105-95, Sec. 4, Nov. 19, 1997, 111 Stat. 2149; renumbered Sec. 14

and amended Pub. L. 107-224, Sec. 2(1), 4(b), Sept. 18, 2002, 116

Stat. 1340, 1343.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-224, Sec. 4(b), inserted at end: ''Upon

completion of the project for establishment of the John F. Kennedy

Center Plaza authorized by section 76q-1 of this title, the Board,

in consultation with the Secretary of Transportation, shall amend

the map that is on file and available for public inspection under

the preceding sentence.''

1997 - Pub. L. 105-95 inserted ''(as amended by the map entitled

'Transfer of John F. Kennedy Center for the Performing Arts',

numbered 844/82563A and dated May 22, 1997)'' after ''April 20,

1994''.

-CITE-

20 USC SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND

SCULPTURE GARDEN 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

.

-HEAD-

SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

-CITE-

20 USC Sec. 76aa 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

-HEAD-

Sec. 76aa. Site for museum and sculpture garden

-STATUTE-

(a) Appropriation and availability

The area bounded by Seventh Street, Independence Avenue, Ninth

Street, and Jefferson Drive, in the District of Columbia, is hereby

appropriated to the Smithsonian Institution as the permanent site

of a museum and the area bounded by Seventh Street, Jefferson

Drive, Ninth Street, and Madison Drive, in the District of Columbia

is hereby made available to the Smithsonian Institution as the

permanent site of a sculpture garden, both areas to be used for the

exhibition of works of art.

(b) Powers and duties of Board of Regents

The Board of Regents of the Smithsonian Institution is authorized

to remove any existing structure, to prepare architectural and

engineering designs, plans, and specifications, and to construct a

suitable museum within said area lying south of Jefferson Drive and

to provide a sculpture garden for the use of the Smithsonian

Institution within the areas designated in subsection (a) of this

section.

-SOURCE-

(Pub. L. 89-788, Sec. 1, Nov. 7, 1966, 80 Stat. 1403.)

-CITE-

20 USC Sec. 76bb 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

-HEAD-

Sec. 76bb. Joseph H. Hirshhorn Museum and Sculpture Garden

-STATUTE-

(a) Designation; administration by Board of Regents; cooperation of

Board with Secretary of the Interior

The museum and sculpture garden provided for by this subchapter

shall be designated and known in perpetuity as the Joseph H.

Hirshhorn Museum and Sculpture Garden, and shall be a free public

museum and sculpture garden under the administration of the Board

of Regents of the Smithsonian Institution. In administering the

sculpture garden the Board shall cooperate with the Secretary of

(FOOTNOTE 1) Interior so that the development and use of the Garden

is consistent with the open-space concept of the Mall, for which

the Secretary of (FOOTNOTE 1) Interior is responsible, and with

related development regarding underground garages and street

development.

(FOOTNOTE 1) So in original. Probably should be followed by

''the''.

(b) Federal funds

The faith of the United States is pledged that the United States

shall provide such funds as may be necessary for the upkeep,

operation, and administration of the Joseph H. Hirshhorn Museum and

Sculpture Garden.

(c) Uses

The Joseph H. Hirshhorn Museum and Sculpture Garden shall be the

permanent home of the collections of art of Joseph H. Hirshhorn and

the Joseph H. Hirshhorn Foundation, and shall be used for the

storage, exhibition, and study of works of art, and for the

administration of the affairs of the Joseph H. Hirshhorn Museum and

Sculpture Garden.

-SOURCE-

(Pub. L. 89-788, Sec. 2, Nov. 7, 1966, 80 Stat. 1403.)

-CITE-

20 USC Sec. 76cc 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

-HEAD-

Sec. 76cc. Board of Trustees

-STATUTE-

(a) Establishment; powers and duties

There is established in the Smithsonian Institution a Board of

Trustees to be known as the Trustees of the Joseph H. Hirshhorn

Museum and Sculpture Garden, which shall provide advice and

assistance to the Board of Regents of the Smithsonian Institution

on all matters relating to the administration, operation,

maintenance, and preservation of the Joseph H. Hirshhorn Museum and

Sculpture Garden; and which shall have the sole authority (i) to

purchase or otherwise acquire (whether by gift, exchange, or other

means) works of art for the Joseph H. Hirshhorn Museum and

Sculpture Garden, (ii) to loan, exchange, sell, or otherwise

dispose of said works of art, and (iii) to determine policy as to

the method of display of the works of art contained in said museum

and sculpture garden.

(b) Membership; appointment; terms of office; vacancies

The Board of Trustees shall be composed of the Chief Justice of

the United States and the Secretary of the Smithsonian Institution,

who shall serve as ex officio members, and eight general members to

be appointed as follows: Four of the general members first taking

office shall be appointed by the President of the United States

from among nominations submitted by Joseph H. Hirshhorn and four

shall be appointed by the President from among nominations

submitted by the Board of Regents of the Smithsonian Institution.

The general members so appointed by the President shall have terms

expiring one each on July 1, 1968, 1969, 1970, 1971, 1972, 1973,

1974, and 1975, as designated by the President. Successor general

members (who may be elected from among members whose terms have

expired) shall serve for a term of six years, except that a

successor chosen to fill a vacancy occurring prior to the

expiration of the term of office of his predecessor shall be chosen

only for the remainder of such term. Vacancies occurring among

general members of the Board of Trustees of the Joseph H. Hirshhorn

Museum and Sculpture Garden shall be filled by a vote of not less

than four-fifths of the then acting members of the Board of

Trustees.

-SOURCE-

(Pub. L. 89-788, Sec. 3, Nov. 7, 1966, 80 Stat. 1404.)

-CITE-

20 USC Sec. 76dd 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

-HEAD-

Sec. 76dd. Director, administrator, curators, and other personnel;

appointment, compensation, and duties

-STATUTE-

The Board of Regents of the Smithsonian Institution may appoint

and fix the compensation and duties of a director and, subject to

his supervision, an administrator and two curators of the Joseph H.

Hirshhorn Museum and Sculpture Garden, none of whose appointment,

compensation, or duties shall be subject to the civil service laws

or chapter 51 and subchapter III of chapter 53 of title 5. The

Board of Regents may employ such other officers and employees as

may be necessary for the efficient administration, operation, and

maintenance of the Joseph H. Hirshhorn Museum and Sculpture Garden.

-SOURCE-

(Pub. L. 89-788, Sec. 4, Nov. 7, 1966, 80 Stat. 1404.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in text, are set out in Title

5, Government Organization and Employees. See, particularly,

section 3301 et seq. of Title 5.

-COD-

CODIFICATION

''Chapter 51 and subchapter III of chapter 53 of title 5''

substituted in text for ''the Classification Act of 1949, as

amended'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966,

80 Stat. 631, the first section of which enacted Title 5,

Government Organization and Employees.

-CITE-

20 USC Sec. 76ee 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VI - JOSEPH H. HIRSHHORN MUSEUM AND SCULPTURE GARDEN

-HEAD-

Sec. 76ee. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated not to exceed $15,000,000

for the planning and construction of the Joseph H. Hirshhorn Museum

and Sculpture Garden, and such additional sums as may be necessary

for the maintenance and operation of such museum and sculpture

garden.

-SOURCE-

(Pub. L. 89-788, Sec. 5, Nov. 7, 1966, 80 Stat. 1404.)

-CITE-

20 USC SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM

.

-HEAD-

SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 80a of this title.

-CITE-

20 USC Sec. 77 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM

-HEAD-

Sec. 77. National Air and Space Museum

-STATUTE-

(a) Establishment; board; administration; reimbursement of expenses

There is hereby established under the Smithsonian Institution a

bureau to be known as a National Air and Space Museum, which shall

be administered by the Smithsonian Institution with the advice of a

board to be composed of the Chief of Staff of the Air Force, or his

designee, the Chief of Naval Operations, or his designee, the Chief

of Staff of the Army, or his designee, the Commandant of the Marine

Corps, or his designee, the Commandant of the Coast Guard, or his

designee, the Administrator of the National Aeronautics and Space

Administration, or his designee, the Administrator of the Federal

Aviation Administration, or his designee, the Secretary of the

Smithsonian Institution, and three citizens of the United States

appointed by the President from civilian life who shall serve at

the pleasure of the President. The members of the board shall serve

as such members without compensation but shall be reimbursed for

travel, subsistence, and other necessary expenses incurred by them

in the performance of their duties as members of the board.

(b) Appointment and compensation of head of museum

The Secretary of the Smithsonian Institution, with the advice of

the board, may appoint and fix the compensation and duties of the

head of a national air and space museum whose appointment shall not

be subject to the civil service laws.

-SOURCE-

(Aug. 12, 1946, ch. 955, Sec. 1, 60 Stat. 997; July 26, 1947, ch.

343, title II, Sec. 208(b), 61 Stat. 503; Pub. L. 89-509, pt. I,

Sec. 2, 3, July 19, 1966, 80 Stat. 310; Pub. L. 89-670, Sec. 3(e),

6(c)(1), Oct. 15, 1966, 80 Stat. 932, 938.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (b), are set out

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-MISC2-

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-509, Sec. 2, changed the name of

the museum from the National Air Museum to the National Air and

Space Museum, expanded the advisory board to include additional

members including the Chief of Staff of the Army, the Commandant of

the Marine Corps, the Commandant of the Coast Guard, the

Administrator of the National Aeronautics and Space Administration,

the Administrator of the Federal Aviation Agency, and an additional

member appointed from civilian life to serve at the pleasure of the

President, and provided for reimbursement for travel, subsistence,

and other necessary expenses incurred by them in the performance of

their duties as members of the Board.

Subsec. (b). Pub. L. 89-509, Sec. 3, substituted ''national air

and space museum'' for ''national air museum'' and struck out

provision that the salary of the head of the museum shall not be

subject to the Classification Act of 1923, as amended.

SHORT TITLE OF 1966 AMENDMENT

Section 1 of Pub. L. 89-509 provided: ''That this Act (amending

this section, sections 77a, 77c, and 77d of this title, and

provisions set out as notes under this section and sections 77b and

77d of this title, and repealing section 77b of this title) may be

cited as 'the National Air Museum Amendments Act of 1965'.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

''Chief of Staff of the Air Force'' substituted in subsec. (a)

for ''Commanding General of the Army Air Forces'' pursuant to act

July 26, 1947, ch. 343, title II, Sec. 208(b), 61 Stat. 503, which

transferred functions of Commanding General of the Army Air Forces

to Chief of Staff, United States Air Force. Section 208(b) of act

July 26, 1947 was repealed by section 53 of act Aug. 10, 1956, ch.

1041, 70A Stat. 641. See sections 8031 and 8034 of Title 10, Armed

Forces.

''Federal Aviation Administration'' substituted in subsec. (a)

for ''Federal Aviation Agency'' pursuant to Pub. L. 89-670, Sec.

3(e), 6(c)(1), Oct. 15, 1966, 80 Stat. 932, 938, which transferred

all functions, powers, and duties of Federal Aviation Agency and of

Administrator and other offices and officers thereof to Secretary

of Transportation and established a Federal Aviation Administration

in Department of Transportation. See section 106 of Title 49,

Transportation.

-MISC5-

APPROPRIATIONS

Section 6 of act Aug. 12, 1946, as amended by section 10 of Pub.

L. 89-509, provided that: ''There is hereby authorized to be

appropriated the sum of $50,000 for the purposes of this Act (this

subchapter) and there are hereby authorized to be appropriated

annually hereafter such sums as may be necessary to maintain and

administer said national air and space museum including salaries

and all other necessary expenses.''

CONSTRUCTION OF MUSEUM CENTER

Pub. L. 104-222, Oct. 1, 1996, 110 Stat. 3025, provided that:

''SECTION 1. CONSTRUCTION OF MUSEUM CENTER.

''The Board of Regents of the Smithsonian Institution is

authorized to construct the Smithsonian Institution National Air

and Space Museum Dulles Center at Washington Dulles International

Airport.

''SEC. 2. LIMITATION ON USE OF FUNDS.

''No appropriated funds may be used to pay any expense of the

construction authorized by section 1.''

EXTENSION AT WASHINGTON DULLES INTERNATIONAL AIRPORT

Pub. L. 103-57, Aug. 2, 1993, 107 Stat. 279, provided that:

''SECTION 1. PLAN FOR NATIONAL AIR AND SPACE MUSEUM EXTENSION.

''The Board of Regents of the Smithsonian Institution shall have

authority to plan and design an extension of the National Air and

Space Museum at Washington Dulles International Airport.

''SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

''There is authorized to be appropriated for fiscal years

beginning after September 30, 1993, a total of $8,000,000 to carry

out this Act.''

RATIFICATION OF COMPENSATION PAID HEAD OF MUSEUM

Section 11 of Pub. L. 89-509 provided that: ''Payments of

compensation heretofore made to the head of the National Air Museum

at rates fixed by the Secretary of the Smithsonian Institution

without regard to the Classification Act of 1949, as amended

(chapter 51 and subchapter III of chapter 53 of Title 5, Government

Organization and Employees) are hereby ratified and affirmed.''

-CITE-

20 USC Sec. 77a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM

-HEAD-

Sec. 77a. Functions of museum

-STATUTE-

The national air and space museum shall memorialize the national

development of aviation and space flight; collect, preserve, and

display aeronautical and space flight equipment of historical

interest and significance; serve as a repository for scientific

equipment and data pertaining to the development of aviation and

space flight; and provide educational material for the historical

study of aviation and space flight.

-SOURCE-

(Aug. 12, 1946, ch. 955, Sec. 2, 60 Stat. 998; Pub. L. 89-509, pt.

I, Sec. 4, July 19, 1966, 80 Stat. 310.)

-MISC1-

AMENDMENTS

1966 - Pub. L. 89-509 substituted ''national air and space

museum'' for ''national air museum'', inserted ''and space flight''

after ''aviation'' wherever appearing, and substituted

''aeronautical and space flight equipment'' for ''aeronautical

equipment''.

-CITE-

20 USC Sec. 77b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM

-HEAD-

Sec. 77b. Repealed. Pub. L. 89-509, pt. I, Sec. 5, July 19, 1966,

80 Stat. 310

-MISC1-

Section, act Aug. 12, 1946, ch. 955, Sec. 3, 60 Stat. 998,

directed Secretary of Smithsonian Institution to investigate and

survey suitable lands and buildings for selection as a site for

national air museum and to make recommendations to Congress.

CONSTRUCTION PLANS; LOCATION; DESIGN; SUPERVISION OF DRAWINGS AND

SPECIFICATIONS; CONSTRUCTION; AUTHORIZATION AND TRANSFER OF

APPROPRIATIONS

Pub. L. 85-935, Sept. 6, 1958, 72 Stat. 1794, as amended by Pub.

L. 89-509, Sec. 12, 13, July 19, 1966, 80 Stat. 311, 312,

authorized and directed Regents of Smithsonian Institution to

prepare plans and to construct a building for a National Air and

Space Museum at a certain site with exact location to be approved

by National Capital Planning Commission and design to be approved

by Commission of Fine Arts and with supervision of work to be by

Administrator of General Services Administration and also

appropriated such sums as were necessary to carry out the work.

-CITE-

20 USC Sec. 77c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM

-HEAD-

Sec. 77c. Museum board

-STATUTE-

(a) Seal; regulations; vacancies

The board is authorized to adopt an official seal which shall be

judicially noticed and to make such bylaws, rules, and regulations

as it deems necessary for the administration of its functions. The

board may function notwithstanding vacancies and six members of the

board shall constitute a quorum for the transaction of business.

(b) Annual report

The Smithsonian Institution shall include in its annual report of

its operations to Congress a statement of the operations of said

national air and space museum, including all public and private

moneys received and disbursed.

-SOURCE-

(Aug. 12, 1946, ch. 955, Sec. 4, 60 Stat. 998; Pub. L. 89-509, pt.

I, Sec. 6, 7, July 19, 1966, 80 Stat. 310, 311.)

-MISC1-

AMENDMENTS

1966 - Subsec. (a). Pub. L. 89-509, Sec. 6, raised from three to

six the number of board members required to constitute a quorum.

Subsec. (b). Pub. L. 89-509, Sec. 7, substituted ''national air

and space museum'' for ''national air museum''.

-CITE-

20 USC Sec. 77d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VII - NATIONAL AIR AND SPACE MUSEUM

-HEAD-

Sec. 77d. Transfer or loan of aeronautical or space flight

equipment to museum

-STATUTE-

The heads of executive departments and independent agencies of

the Government are authorized to transfer or loan to said national

air and space museum without charge therefor, aircraft, spacecraft,

aircraft and spacecraft parts, instruments, engines, or other

aeronautical and space flight equipment or records for exhibition,

historical, or educational purposes.

-SOURCE-

(Aug. 12, 1946, ch. 955, Sec. 5(a), 60 Stat. 998; Pub. L. 89-509,

pt. I, Sec. 8, July 19, 1966, 80 Stat. 311.)

-COD-

CODIFICATION

Section consists of subsec. (a) of section 5 of act Aug. 12,

1946. Subsec. (b) of said section is set out as a note below.

-MISC3-

AMENDMENTS

1966 - Pub. L. 89-509 inserted ''and independent agencies'' after

''departments'', ''and space'' after ''national air'',

''spacecraft,'' after ''aircraft,'', ''and spacecraft'' after

''aircraft'' in phrase ''aircraft parts'', and ''and space flight''

after ''aeronautical''.

ACCEPTANCE OF STATUE OF GENERAL MITCHELL

Section 5(b) of act Aug. 12, 1946, as amended by section 9 of

Pub. L. 89-509, provided that: ''The Secretary of the Smithsonian

Institution, with the advice of the Commission of Fine Arts, is

authorized (1) to accept as a gift to the Smithsonian Institution

from George H. Stephenson, of Philadelphia, Pennsylvania, a statue

of Brigadier General William L. Mitchell of such character as may

be deemed appropriate, and (2) without expense to the United

States, to cause such statue to be erected at a suitable location

on the grounds of the national air and space museum.''

-CITE-

20 USC SUBCHAPTER VIII - PALEONTOLOGICAL INVESTIGATIONS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VIII - PALEONTOLOGICAL INVESTIGATIONS

.

-HEAD-

SUBCHAPTER VIII - PALEONTOLOGICAL INVESTIGATIONS

-CITE-

20 USC Sec. 78 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VIII - PALEONTOLOGICAL INVESTIGATIONS

-HEAD-

Sec. 78. Cooperation of Smithsonian Institution with State

institutions for continuing paleontological investigations

-STATUTE-

The Secretary of the Smithsonian Institution is authorized to

cooperate with any State, educational institution, or scientific

organization in the United States for continuing paleontological

investigations, and the excavation and preservation of fossil

remains, in areas which will be flooded by the construction of

Government dams or otherwise be made unavailable for such

investigations because of such construction: Provided, That such

investigations and activities shall not duplicate nor affect

adversely similar operations being conducted by the Department of

Interior in cooperation with the Smithsonian Institution.

-SOURCE-

(Aug. 15, 1949, ch. 427, Sec. 1, 63 Stat. 606.)

-CITE-

20 USC Sec. 78a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER VIII - PALEONTOLOGICAL INVESTIGATIONS

-HEAD-

Sec. 78a. Authorization of appropriations; availability of funds;

limit on use of funds during fiscal year; supervision; rules

and regulations

-STATUTE-

There is authorized to be appropriated, out of any money in the

Treasury not otherwise appropriated, the sum of $65,000, which

shall be available until expended for the above purposes: Provided,

That at such time as the Smithsonian Institution is satisfied that

any State agency, or any educational institution or scientific

organization in any of the United States, is prepared to contribute

to such investigation and when in its judgment such investigation

shall appear meritorious, the Secretary of the Smithsonian

Institution may make available for such investigation such amounts

from this sum as shall be equal to the amounts contributed

respectively by each such State agency, or educational institution

or scientific organization: Provided further, That the amount to be

made available from this sum for such investigation in cooperation

with each such State agency, or educational institution or

scientific organization, shall not exceed $10,000 in any fiscal

year: Provided further, That all such cooperative work and division

of the result thereof shall be under the direction of the Secretary

of the Smithsonian Institution: Provided further, That where lands

are involved which are controlled by the Government of the United

States, cooperative work thereon shall be under the provisions of

the Act of June 8, 1906 (16 U.S.C. 432, 433), and rules and

regulations pertaining thereto.

-SOURCE-

(Aug. 15, 1949, ch. 427, Sec. 2, 63 Stat. 606.)

-CITE-

20 USC SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

.

-HEAD-

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

-CITE-

20 USC Sec. 79 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

-HEAD-

Sec. 79. Barro Colorado Island in Gatun Lake to be set aside

-STATUTE-

The President is authorized and directed to set aside within the

Canal Zone an area in Gatun Lake known as Barro Colorado Island in

which the natural features shall, except in event of declared

national emergency, be left in their natural state for scientific

observation and investigation.

-SOURCE-

(July 2, 1940, ch. 516, Sec. 1, 54 Stat. 724.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section

3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

Section was formerly classified to section 1381 of Title 48,

Territories and Insular Possessions.

-MISC3-

TERMINATION OF WAR AND EMERGENCIES

Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided

that in the interpretation of this section, the date July 25, 1947,

shall be deemed to be the date of termination of any state of war

theretofore declared by Congress and of the national emergencies

proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

-CITE-

20 USC Sec. 79a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

-HEAD-

Sec. 79a. Preservation of natural features for scientific

observation and investigation

-STATUTE-

The purpose of setting aside such an area is to preserve and

conserve its natural features, including existing flora and fauna,

in as nearly a natural condition as possible, thus providing a

place where duly qualified students can make observations and

scientific investigations for increase of knowledge, under such

conditions and regulations as may be prescribed by the Smithsonian

Institution.

-SOURCE-

(July 2, 1940, ch. 516, Sec. 2, 54 Stat. 724; 1946 Reorg. Plan No.

3, Sec. 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

-COD-

CODIFICATION

Section was formerly classified to section 1382 of Title 48,

Territories and Insular Possessions.

-TRANS-

TRANSFER OF FUNCTIONS

''Smithsonian Institution'' substituted in text for ''Board of

Directors of the Canal Zone Biological Area'' by Reorg. Plan No. 3

of 1946, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

20 USC Sec. 79b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

-HEAD-

Sec. 79b. Functions of Smithsonian Institution

-STATUTE-

The Smithsonian Institution shall (a) determine the policy,

prescribe conditions under which studies may be pursued within the

area, and promulgate regulations for carrying out the purposes of

this subchapter; (b) be responsible for the construction and

maintenance of laboratory and other facilities on the area provided

for the use of students authorized to carry on studies within the

confines of the area; (c) deposit into the Treasury of the United

States sums donated or subscribed or collected to be expended for

carrying out the purposes of this subchapter; (d) in its

discretion, fixed (FOOTNOTE 1) charges that may be made for use of

laboratory or other facilities provided students authorized to make

observations and investigations within the prescribed area and

provide for the collection of such sums for deposit into the

Treasury of the United States; (e) make such disposal of any moneys

donated, subscribed, collected, or otherwise provided as in its

judgment is to the best interest in carrying out the purpose of

this subchapter: Provided, That sums contributed or appropriated

for specific purposes shall be used for such purpose only; and (f)

include in its annual report of its operations to Congress a

statement of activities and operations during the preceding year.

(FOOTNOTE 1) So in original. Probably should be ''fix''.

-SOURCE-

(July 2, 1940, ch. 516, Sec. 4, 54 Stat. 724; 1946 Reorg. Plan No.

3, Sec. 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101; Pub.

L. 89-280, Sec. 2, Oct. 20, 1965, 79 Stat. 1012.)

-COD-

CODIFICATION

Section was formerly classified to section 1384 of Title 48,

Territories and Insular Possessions.

-MISC3-

AMENDMENTS

1965 - Pub. L. 89-280 substituted provisions in cl. (f) requiring

the Smithsonian Institution to include in its annual report of its

operations to Congress a statement of activities and operations

during the preceding year for provisions which required the

Smithsonian Institution to submit to the Congress of the United

States not later than the 15th day of each January a report of

activities and operations during the preceding year.

-TRANS-

TRANSFER OF FUNCTIONS

''Smithsonian Institution'' substituted in text for ''Board of

Directors of the Canal Zone Biological Area'' and former clause (a)

which provided for annual meetings of Board was superseded by

Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5,

Government Organization and Employees.

-CITE-

20 USC Sec. 79c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

-HEAD-

Sec. 79c. Resident manager; powers and duties; compensation

-STATUTE-

The Smithsonian Institution may select and designate a resident

manager to assist in carrying out the policy, conditions, and

regulations approved by it in compliance with the purposes of this

subchapter. The resident manager shall receive such compensation

for his services as may be allowed by the Smithsonian Institution.

-SOURCE-

(July 2, 1940, ch. 516, Sec. 5, 54 Stat. 725; 1946 Reorg. Plan No.

3, Sec. 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

-COD-

CODIFICATION

Section was formerly classified to section 1385 of Title 48,

Territories and Insular Possessions.

-TRANS-

TRANSFER OF FUNCTIONS

References to the ''Board of Directors of the Canal Zone

Biological Area'' and its ''executive officer'' changed to

''Smithsonian Institution'' and provisions for the appointment and

compensation of said executive officer were superseded by Reorg.

Plan No. 3 of 1946, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

20 USC Sec. 79d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

-HEAD-

Sec. 79d. Deposit of receipts into Treasury; disbursements

-STATUTE-

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.

-SOURCE-

(July 2, 1940, ch. 516, Sec. 6, 54 Stat. 725; 1940 Reorg. Plan No.

III, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231;

1946 Reorg. Plan No. 3, Sec. 801, eff. July 16, 1946, 11 F.R.

7877, 60 Stat. 1101.)

-COD-

CODIFICATION

Section was formerly classified to section 1386 of Title 48,

Territories and Insular Possessions.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of such officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees.

''Smithsonian Institution'' substituted in text for ''executive

officer of the Board of Directors of the Canal Zone Biological

Area'' by Reorg. Plan No. 3 of 1946, set out in the Appendix to

Title 5.

''Fiscal Service'' substituted in text for ''Division of

Disbursement'' on authority of section 1(a)(1) of Reorg. Plan No.

III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set

out in the Appendix to Title 5, which consolidated such division

into Fiscal Service of Department of the Treasury. See section 306

of Title 31, Money and Finance.

-CITE-

20 USC Sec. 79e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER IX - CANAL ZONE BIOLOGICAL AREA

-HEAD-

Sec. 79e. Authorization of appropriations

-STATUTE-

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.

-SOURCE-

(July 2, 1940, ch. 516, Sec. 7, 54 Stat. 725; Pub. L. 89-280, Sec.

1, Oct. 20, 1965, 79 Stat. 1012; Pub. L. 96-89, Sec. 1, Oct. 19,

1979, 93 Stat. 697; Pub. L. 98-57, Sec. 1, July 22, 1983, 97 Stat.

293.)

-COD-

CODIFICATION

Section was formerly classified to section 1387 of Title 48,

Territories and Insular Possessions.

-MISC3-

AMENDMENTS

1983 - Pub. L. 98-57 struck out '', not to exceed $750,000''

after ''such sums''.

1979 - Pub. L. 96-89 substituted ''$750,000'' for ''$350,000''.

1965 - Pub. L. 89-280 substituted ''$350,000'' for ''$10,000''.

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.''

EFFECTIVE DATE OF 1979 AMENDMENT

Section 2 of Pub. L. 96-89 provided that: ''The provision in

section 1 of this Act (amending this section) shall take effect on

October 1, 1979.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 79d of this title.

-CITE-

20 USC SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM

ADVISORY BOARD 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

.

-HEAD-

SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

-CITE-

20 USC Sec. 80 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

-HEAD-

Sec. 80. National Armed Forces Museum Advisory Board

-STATUTE-

(a) Establishment; functions

There is established in the Smithsonian Institution a National

Armed Forces Museum Advisory Board (hereinafter referred to as the

Board), which shall provide advice and assistance to the Regents of

the Smithsonian Institution on matters concerned with the portrayal

of the contributions which the Armed Forces of the United States

have made to American society and culture.

(b) Membership

The Board shall be composed of eleven members, as follows:

(1) The Secretary of Defense, who shall serve as an ex officio

member;

(2) The Secretary of the Smithsonian Institution, who shall

serve as an ex officio member;

(3) Nine members appointed by the President, (A) three of whom

shall be appointed from persons recommended by the Secretary of

Defense to represent the Armed Forces, and (B) two of whom shall

be appointed from among persons recommended by the Regents of the

Smithsonian Institution. Not less than two members appointed by

the President shall be from civilian life.

(c) Term of office; vacancies

Members of the Board appointed by the President shall be

appointed to serve for a period of six years; except that any

member appointed to fill a vacancy occurring prior to the

expiration of the term for which his predecessor was appointed

shall be appointed for the remainder of such term and the terms of

office of the members first appointed shall expire, as designated

by the President at the time of appointment, three at the end of

two years, three at the end of four years, and three at the end of

six years.

(d) Quorum

Five members of the Board shall constitute a quorum and any

vacancy in the Board shall not affect its power to function.

(e) Compensation, travel and other expenses

The members of the Board shall serve without compensation but

shall be reimbursed for travel, subsistence, and other necessary

expenses incurred by them in the performance of their duties as

members of the Board.

(f) Biennial organization; rules and regulations

The Board shall select officers from among its members biennially

and shall make such bylaws, rules, and regulations as it deems

necessary for the furtherance of its business.

-SOURCE-

(Pub. L. 87-186, Sec. 1, Aug. 30, 1961, 75 Stat. 414.)

-CITE-

20 USC Sec. 80a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

-HEAD-

Sec. 80a. Display of contributions of Armed Forces

-STATUTE-

(a) Study center; historical collections

The Smithsonian Institution shall commemorate and display the

contributions made by the military forces of the Nation toward

creating, developing, and maintaining a free, peaceful, and

independent society and culture in the United States of America.

The valor and sacrificial service of the men and women of the Armed

Forces shall be portrayed as an inspiration to the present and

future generations of America. The demands placed upon the full

energies of our people, the hardships endured, and the sacrifice

demanded in our constant search for world peace shall be clearly

demonstrated. The extensive peacetime contributions the Armed

Forces have made to the advance of human knowledge in science,

nuclear energy, polar and space exploration, electronics,

engineering, aeronautics, and medicine shall be graphically

described. The Smithsonian Institution shall interpret through

dramatic display significant current problems affecting the

Nation's security. It shall be equipped with a study center for

scholarly research into the meaning of war, its effect on

civilization, and the role of the Armed Forces in maintaining a

just and lasting peace by providing a powerful deterrent to war.

In fulfilling its purposes, the Smithsonian Institution shall

collect, preserve, and exhibit military objects of historical

interest and significance.

(b) National Air and Space Museum provisions unaffected

The provisions of this subchapter in no way rescind subchapter

VII of this chapter, which established the National Air and Space

Museum of the Smithsonian Institution, or any other authority of

the Smithsonian Institution.

-SOURCE-

(Pub. L. 87-186, Sec. 2, Aug. 30, 1961, 75 Stat. 414; Pub. L.

89-509, pt. I, Sec. 2, July 19, 1966, 80 Stat. 310.)

-CHANGE-

CHANGE OF NAME

''National Air and Space Museum'' substituted for ''National Air

Museum'' in subsec. (b) pursuant to section 2 of Pub. L. 89-509,

which is classified to section 77 of this title.

-CITE-

20 USC Sec. 80b 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

-HEAD-

Sec. 80b. Selection of site

-STATUTE-

(a) Authorization of Board of Regents; submission of

recommendations to Congress

The Board of Regents of the Smithsonian Institution is authorized

and directed, with the advice and assistance of the Board, to

investigate and survey lands and buildings in and near the District

of Columbia suitable for the display of military collections. The

Board of Regents of the Smithsonian Institution shall, after

consulting with and seeking the advice of the Commission on Fine

Arts, the National Capital Planning Commission, and the General

Services Administration, submit recommendations to the Congress

with respect to the acquisition of lands and buildings for such

purpose.

(b) Public exhibits and study collections; exhibits of military and

naval operations

Buildings acquired pursuant to recommendations made under

subsection (a) of this section shall be used to house public

exhibits and study collections that are not appropriate for the

military exhibits of the Smithsonian Institution on the Mall in the

District of Columbia. Facilities shall be provided for the display

of large military objects and for the reconstruction, in an

appropriate way, on lands acquired pursuant to recommendations made

under subsection (a) of this section, of exhibits showing the

nature of fortifications, trenches, and other military and naval

facilities characteristic of the American colonial period, the War

of the Revolution, and subsequent American military and naval

operations.

-SOURCE-

(Pub. L. 87-186, Sec. 3, Aug. 30, 1961, 75 Stat. 415.)

-CITE-

20 USC Sec. 80c 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

-HEAD-

Sec. 80c. Transfer or loan of objects, equipment and records to

Smithsonian Institution

-STATUTE-

The heads of executive departments and independent agencies of

the Government are authorized to transfer or loan to the

Smithsonian Institution for its use without charge therefor

military, naval, aeronautical, and space objects, equipment and

records for exhibition, historical, or other appropriate purposes.

-SOURCE-

(Pub. L. 87-186, Sec. 4, Aug. 30, 1961, 75 Stat. 415.)

-CITE-

20 USC Sec. 80d 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER X - NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

-HEAD-

Sec. 80d. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Smithsonian

Institution such sums as may be necessary for the purposes of this

subchapter.

-SOURCE-

(Pub. L. 87-186, Sec. 5, Aug. 30, 1961, 75 Stat. 415.)

-CITE-

20 USC SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL

CENTER FOR SCHOLARS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

.

-HEAD-

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

-CITE-

20 USC Sec. 80e 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

-HEAD-

Sec. 80e. Congressional declaration of policy

-STATUTE-

The Congress hereby finds and declares -

(1) that a living institution expressing the ideals and

concerns of Woodrow Wilson would be an appropriate memorial to

his accomplishments as the twenty-eighth President of the United

States, a distinguished scholar, an outstanding university

president, and a brilliant advocate of international

understanding;

(2) that the Woodrow Wilson Memorial Commission, created by

joint resolution of Congress, recommended that an International

Center for Scholars be constructed in the District of Columbia in

the area north of the proposed Market Square as part of the

Nation's memorial to Woodrow Wilson;

(3) that such a center, symbolizing and strengthening the

fruitful relation between the world of learning and the world of

public affairs, would be a suitable memorial to the spirit of

Woodrow Wilson; and

(4) that the establishment of such a center would be consonant

with the purposes of the Smithsonian Institution, created by

Congress in 1846 ''for the increase and diffusion of knowledge

among men.''

-SOURCE-

(Pub. L. 90-637, Sec. 2, Oct. 24, 1968, 82 Stat. 1357.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 90-637 provided: ''That this Act (enacting

this subchapter) may be cited as the 'Woodrow Wilson Memorial Act

of 1968'.''

-CITE-

20 USC Sec. 80f 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

-HEAD-

Sec. 80f. Woodrow Wilson International Center for Scholars; Board

of Trustees of the Center

-STATUTE-

(a) Establishment

There is hereby established in the Smithsonian Institution a

Woodrow Wilson International Center for Scholars and a Board of

Trustees of the Center (hereinafter referred to as the ''Center''

and the ''Board''), whose duties it shall be to maintain and

administer the Center and site thereof and to execute such other

functions as are vested in the Board by this subchapter.

(b) Composition of Board

The Board of Trustees shall be composed of 17 members as follows:

(1) the Secretary of State;

(2) the Secretary of Health and Human Services;

(3) the Secretary of Education;

(4) the Chairman of the National Endowment for the Humanities;

(5) the Secretary of the Smithsonian Institution;

(6) the Librarian of Congress;

(7) the Archivist of the United States;

(8) one member appointed by the President from time to time

from within the Federal Government; and

(9) 9 members appointed by the President from private life.

(c) Appointment of alternate members by members of Board

Each member of the Board of Trustees specified in paragraphs (1)

through (8) of subsection (b) of this section may designate another

official to serve on the Board of Trustees in his stead.

(d) Terms of office; vacancies; reappointment

Each member of the Board of Trustees appointed under paragraph

(10) of subsection (b) of this section shall serve for a term of

six years from the expiration of his predecessor's term; except

that (1) any trustee appointed to fill a vacancy occurring prior to

the expiration of the term for which his predecessor was appointed

shall be appointed for the remainder of such term, and (2) the

terms of office of the trustees first taking office shall begin on

October 24, 1968, and shall expire as designated at the time of

appointment, two at the end of two years, three at the end of four

years, and three at the end of six years. No trustee of the Board

chosen from private life shall be eligible to serve in excess of

two consecutive terms, except that a trustee whose term has expired

may serve until his successor has qualified.

(e) Chairman and Vice Chairman of Board

The President shall designate a Chairman and a Vice Chairman from

among the members of the Board chosen from private life.

-SOURCE-

(Pub. L. 90-637, Sec. 3, Oct. 24, 1968, 82 Stat. 1357; Pub. L.

95-426, title II, Sec. 206, Oct. 7, 1978, 92 Stat. 975; Pub. L.

101-268, Apr. 9, 1990, 104 Stat. 132; Pub. L. 105-277, div. G,

subdiv. A, title XIII, Sec. 1335(i), Oct. 21, 1998, 112 Stat.

2681-788.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-277, Sec. 1335(i)(1)(A),

substituted ''17'' for ''19'' in introductory provisions.

Subsec. (b)(7) to (10). Pub. L. 105-277, Sec. 1335(i)(1)(B)-(D),

redesignated pars. (8) to (10) as (7) to (9), respectively, in par.

(9) substituted ''9'' for ''10'', and struck out former par. (7)

which read as follows: ''the Director of the United States

Information Agency;''.

Subsec. (c). Pub. L. 105-277, Sec. 1335(i)(2), substituted

''(8)'' for ''(9)''.

1990 - Subsec. (b). Pub. L. 101-268, Sec. 1, amended subsec. (b)

generally. Prior to amendment, subsec. (b) read as follows: ''The

Board of Trustees shall be composed of sixteen members as follows:

''(1) the Secretary of State;

''(2) the Director of the United States Information Agency;

''(3) the Secretary of Health and Human Services;

''(4) the Chairman of the National Endowment for the

Humanities;

''(5) the Secretary of the Smithsonian Institution;

''(6) the Librarian of Congress;

''(7) the Archivist of the United States;

''(8) one appointed by the President from time to time from

within the Federal Government; and

''(9) eight appointed by the President from private life.''

Subsec. (c). Pub. L. 101-268, Sec. 2(1), substituted ''(9)'' for

''(8)''.

Subsec. (d). Pub. L. 101-268, Sec. 2(2), substituted ''(10)'' for

''(9)''.

1978 - Subsec. (b). Pub. L. 95-426, Sec. 206(a)(1), substituted

''sixteen'' for ''fifteen''.

Subsec. (b)(2) to (9). Pub. L. 95-426, Sec. 206(a)(2), (3),

designated pars. (2) to (8) as (3) to (9), respectively, and added

a new par. (2) ''the Director of the International Communication

Agency''.

Subsec. (c). Pub. L. 95-426, Sec. 206(b)(1), substituted ''(8)''

for ''(7)''.

Subsec. (d). Pub. L. 95-426, Sec. 206(b)(2), substituted ''(9)''

for ''(8)''.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-277 effective Oct. 1, 1999, see section

1301 of Pub. L. 105-277, set out as a note under section 6531 of

Title 22.

-CITE-

20 USC Sec. 80g 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

-HEAD-

Sec. 80g. Powers and duties of Board

-STATUTE-

(a) Appointment of scholars; gifts, bequests, etc.; grants;

location of Center; physical facilities; compensation of

officers; plans and specifications for Center

In administering the Center, the Board shall have all necessary

and proper powers, which shall include but not be limited to the

power to -

(1) appoint scholars, from the United States and abroad, and,

where appropriate, provide stipends, grants, and fellowships to

such scholars, and to hire or accept the voluntary services of

consultants, advisory boards, and panels to aid the Board in

carrying out its responsibilities;

(2) solicit, accept, and dispose of gifts, bequests, and

devises of money, securities, and other property of whatsoever

character for the benefit of the Center; any such money,

securities, or other property shall, upon receipt, be deposited

with the Smithsonian Institution, and unless otherwise restricted

by the terms of the gift, expenditures shall be in the discretion

of the Board for the purposes of the Center;

(3) obtain grants from, and make contracts with, State,

Federal, local, and private agencies, organizations,

institutions, and individuals;

(4) acquire such site as a location for the Center as may

subsequently be authorized by the Congress;

(5) acquire, hold, maintain, use, operate, and dispose of any

physical facilities, including equipment, necessary for the

operation of the Center;

(6) appoint and fix the compensation and duties of the director

and such other officers of the Center as may be necessary for the

efficient administration of the Center; the director and two

other officers of the Center may be appointed and compensated

without regard to the provisions of title 5 governing

appointments in the competitive service and chapter 51 and

subchapter III of chapter 53 of title 5; and

(7) prepare plans and specifications for the Center, including

the design and development of all buildings, facilities, open

spaces, and other structures on the site in consultation with the

President's Temporary Commission on Pennsylvania Avenue, or its

successor, and with other appropriate Federal and local agencies,

such plans to include an exterior classic frieze memorial to

Woodrow Wilson.

(b) Relocation assistance and programs

The Board shall, in connection with acquisition of any site

authorized by Congress, as provided for in paragraph (4) of

subsection (a) of this section, provide, to businesses and

residents displaced from any such site, relocation assistance,

including payments and other benefits, equivalent to that

authorized to displace businesses and residents under the Housing

Act of 1949, as amended (42 U.S.C. 1441 et seq.). The Board shall

develop a relocation program for existing businesses and residents

within the site and submit such program to the government of the

District of Columbia for a determination as to its adequacy and

feasibility. In providing such relocation assistance and

developing such relocation program the Board shall utilize to the

maximum extent the services and facilities of the appropriate

Federal and local agencies.

-SOURCE-

(Pub. L. 90-637, Sec. 4, Oct. 24, 1968, 82 Stat. 1358; Pub. L.

95-286, Sec. 2, May 26, 1978, 92 Stat. 279.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a)(6), are classified

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

Employees.

The Housing Act of 1949, as amended, referred to in subsec. (b),

is act July 15, 1949, ch. 338, 63 Stat. 413, as amended, which is

classified principally to chapter 8A (Sec. 1441 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

1441 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1978 - Subsec. (a)(2). Pub. L. 95-286 substituted ''devises'' for

''devices''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80g-1 of this title.

-CITE-

20 USC Sec. 80g-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

-HEAD-

Sec. 80g-1. Hubert H. Humphrey Fellowship in Social and Political

Thought

-STATUTE-

(a) Establishment in Center

There is hereby established in the Center a Hubert H. Humphrey

Fellowship in Social and Political Thought.

(b) Selection of Humphrey Fellow; term; compensation

Each year the Board shall select a distinguished scholar,

statesman, or cultural figure, from the United States or abroad, to

serve at the Center for a period of up to one year as the Hubert H.

Humphrey Fellow in Social and Political Thought (hereinafter in

this section referred to as the ''Humphrey Fellow''). Each Humphrey

Fellow shall receive compensation in an amount, determined by the

Board, not to exceed the annual income of the trust fund

established under subsection (d) of this section.

(c) Functions of Humphrey Fellow; publication and dissemination by

Board of Memorial Lectures

Each Humphrey Fellow shall -

(1) deliver a Hubert H. Humphrey Memorial Lecture; and

(2) carry out such projects and work as are consistent with the

Humphrey Fellowship.

The Board shall provide for the publication and dissemination of

the Hubert H. Humphrey Memorial Lectures.

(d) Hubert H. Humphrey Fellowship Trust Fund; establishment,

composition, investments, etc.

(1) There is hereby established in the Treasury of the United

States a trust fund to be known as the Hubert H. Humphrey

Fellowship Trust Fund (hereinafter in this section referred to as

the ''fund''). The Secretary of the Treasury shall deposit in the

fund such sums as may be appropriated to the fund under subsection

(f) of this section and shall receive into the Treasury and deposit

into the fund such sums as may be received as contributions to the

fund.

(2) The Secretary of the Treasury shall invest amounts in the

fund in public debt securities with maturities suitable for the

needs of the fund and bearing interest at prevailing market rates;

and the interest on such investments shall be credited to and form

a part of the fund.

(3) Notwithstanding section 80g(a)(2) of this title any gift,

bequest, or devise of money, securities or other property for the

benefit of the Hubert H. Humphrey Fellowship in Social and

Political Thought received by the Board shall, upon receipt, be

deposited into the fund as provided by paragraph (1).

(e) Payments to Board from investments for implementation of

Fellowship purposes

The Secretary of the Treasury shall pay to the Board from amounts

received as interest on investments under subsection (d)(2) of this

section such sums as the Board determines are necessary and

appropriate for the purposes of the Humphrey Fellowship.

(f) Authorization of appropriations

There is authorized to be appropriated to the fund for the fiscal

year beginning October 1, 1978, $1,000,000.

-SOURCE-

(Pub. L. 90-637, Sec. 5, as added Pub. L. 95-286, Sec. 1(2), May

26, 1978, 92 Stat. 278.)

-CITE-

20 USC Sec. 80h 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

-HEAD-

Sec. 80h. Administration; quorum

-STATUTE-

The Board is authorized to adopt an official seal which shall be

judicially noticed and to make such bylaws, rules, and regulations

as it deems necessary for the administration of its functions under

this subchapter, including, among other matters, bylaws, rules, and

regulations relating to the administration of its trust funds and

the organization and procedure of the Board. A majority of the

members of the Board shall constitute a quorum for the transaction

of business.

-SOURCE-

(Pub. L. 90-637, Sec. 6, formerly Sec. 5, Oct. 24, 1968, 82 Stat.

1359, renumbered Pub. L. 95-286, Sec. 1(1), May 26, 1978, 92 Stat.

278.)

-CITE-

20 USC Sec. 80i 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

-HEAD-

Sec. 80i. Authorization of appropriations; limitations

-STATUTE-

There are hereby authorized to be appropriated to the Board such

funds as may be necessary to carry out the purposes of this

subchapter: Provided, That no more than $200,000 shall be

authorized for appropriation through fiscal year 1970 and no part

of that appropriation shall be available for construction purposes.

-SOURCE-

(Pub. L. 90-637, Sec. 7, formerly Sec. 6, Oct. 24, 1968, 82 Stat.

1359, renumbered Pub. L. 95-286, Sec. 1(1), May 26, 1978, 92 Stat.

278.)

-CITE-

20 USC Sec. 80j 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XI - WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

-HEAD-

Sec. 80j. Audit of accounts

-STATUTE-

The accounts of the Board shall be audited in accordance with the

principles and procedures applicable to, and as part of, the audit

of the other Federal and trust funds of the Smithsonian

Institution.

-SOURCE-

(Pub. L. 90-637, Sec. 8, formerly Sec. 7, Oct. 24, 1968, 82 Stat.

1359, renumbered Pub. L. 95-286, Sec. 1(1), May 26, 1978, 92 Stat.

278.)

-CITE-

20 USC SUBCHAPTER XII - MUSEUM OF AFRICAN ART 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

.

-HEAD-

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

-CITE-

20 USC Sec. 80k 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

-HEAD-

Sec. 80k. Donation and transfer of lands and improvements, works of

art, and other assets and property of Museum of African Art to

Smithsonian Institution

-STATUTE-

The Board of Regents of the Smithsonian Institution (hereinafter

in this subchapter referred to as the ''Board'') is authorized to

accept a deed or other instrument donating and transferring to the

Smithsonian Institution, the land and improvements thereto,

collections of works of art, and all other assets and property of

the Museum of African Art.

-SOURCE-

(Pub. L. 95-414, Sec. 1, Oct. 5, 1978, 92 Stat. 911.)

-MISC1-

EFFECTIVE DATE

Section 7 of Pub. L. 95-414 provided that: ''Except for the

provisions in sections 1 and 6(b) (this section and section 80p(b)

of this title), the provisions of this Act (this subchapter) shall

take effect on the date of transfer of a deed or other instrument

under the provisions of section 1 (this section).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 80m, 80o, 80p of this

title.

-CITE-

20 USC Sec. 80l 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

-HEAD-

Sec. 80l. Establishment of Museum of African Art; functions

-STATUTE-

There is established in the Smithsonian Institution a bureau

which shall be known as the ''Museum of African Art'' (hereinafter

in this subchapter referred to as the ''Museum''). The functions of

such bureau shall be those authorized by section 80m(a) of this

title.

-SOURCE-

(Pub. L. 95-414, Sec. 2, Oct. 5, 1978, 92 Stat. 911.)

-MISC1-

CONSTRUCTION OF NATIONAL MUSEUM OF AFRICAN ART

Regents of Smithsonian Institution authorized to construct

building for National Museum of African Art, see Pub. L. 97-203,

June 24, 1982, 96 Stat. 129, set out as a note under section 50 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80m of this title.

-CITE-

20 USC Sec. 80m 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

-HEAD-

Sec. 80m. Powers of Board

-STATUTE-

(a) Acquisition, retention, and disposition of property; research

and education programs

For the purpose of carrying out sections 80k and 80l of this

title, the Board may -

(1) purchase, accept, borrow, or otherwise acquire additional

works of art or any other real or personal property for the

Museum;

(2) preserve, maintain, restore, display, loan, transfer,

store, or otherwise hold any property of whatsoever nature

acquired pursuant to section 80k of this title or paragraph (1)

of this subsection;

(3) conduct programs of research and education; and

(4) subject to any limitations otherwise expressly provided by

law, and, in the case of any gift, subject to any applicable

restrictions under the terms of such gift, sell, exchange, or

otherwise dispose of any property of whatsoever nature acquired

pursuant to the provisions of this subchapter: Provided, That the

proceeds from the sale of any property acquired pursuant to

section 80k of this title shall be designated for the benefit of

the Museum.

(b) Recommendations of Commission

In carrying out the purposes of this subchapter, the Board shall

consider the recommendations of the Commission established pursuant

to section 80n of this title.

-SOURCE-

(Pub. L. 95-414, Sec. 3, Oct. 5, 1978, 92 Stat. 911.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80l of this title.

-CITE-

20 USC Sec. 80n 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

-HEAD-

Sec. 80n. Commission for the Museum of African Art

-STATUTE-

(a) Establishment; duties

There is established a Commission for the Museum of African Art

(hereinafter the ''Commission'') which shall provide advice and

assistance to the Board concerning the operation and development of

the Museum, its collections and programs.

(b) Membership

The Commission shall consist of fifteen members to be appointed

by the Board. In addition, the Secretary and an Assistant Secretary

of the Smithsonian Institution shall serve as ex officio members.

The Board shall appoint to the first term on the Commission no less

than ten members of the Board of Trustees of the Museum of African

Art who are serving on October 5, 1978. Each initial member so

appointed shall serve for a three-year term. Thereafter, in

appointing members of the Commission the Board shall continue to

include representatives of African descendants in the United

States, collectors of African Art, and scholars in the fields of

African art and culture.

(c) Terms of office

Members of the Commission shall be appointed to serve for a

three-year term, except that after the appointment of the first

term of the Commission as specified in subsection (b) of this

section, the terms of office of members next appointed shall

expire, as designated by the Board at the time of appointment,

one-third at the end of one year, one-third at the end of two

years, and one-third at the end of three years. Any member

appointed to fill a vacancy occurring prior to the expiration of

the term for which his predecessor was appointed shall be appointed

for the remainder of such term. Members may be reappointed.

(d) Quorum; vacancies

A majority of the appointed members of the Commission shall

constitute a quorum and any vacancy in the Commission shall not

affect its power to function.

(e) Travel, subsistence, and other expenses

Members of the Commission shall be reimbursed for travel,

subsistence, and other necessary expenses incurred by them in the

performance of their duties.

(f) Selection of officers; bylaws

The Commission shall select officers, from among its members

biennially and shall make bylaws to carry out its functions under

this subchapter.

-SOURCE-

(Pub. L. 95-414, Sec. 4, Oct. 5, 1978, 92 Stat. 911.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80m of this title.

-CITE-

20 USC Sec. 80o 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

-HEAD-

Sec. 80o. Director, officers, and employees; appointment,

compensation, and duties

-STATUTE-

The Board may appoint and fix the compensation and duties of the

Director and such other officers and employees of the Museum as may

be necessary for the efficient administration, operation, and

maintenance of the Museum; the Director and two other employees of

the Museum may be appointed and compensated without regard to the

provisions of title 5 governing appointments in the competitive

service and chapter 51 and subchapter III of chapter 53 of title 5;

and all of the employees of the Museum who are serving on the date

of the transfer authorized under section 80k of this title shall be

offered employment by the Smithsonian under its usual terms of

employment and may be appointed without regard to the provisions of

title 5 governing appointments in the competitive service and

chapter 51 and subchapter III of chapter 53 of title 5.

-SOURCE-

(Pub. L. 95-414, Sec. 5, Oct. 5, 1978, 92 Stat. 912.)

-REFTEXT-

REFERENCES IN TEXT

Provisions of title 5 governing appointments in the competitive

service, referred to in text, are classified generally to section

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

-CITE-

20 USC Sec. 80p 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XII - MUSEUM OF AFRICAN ART

-HEAD-

Sec. 80p. Funding

-STATUTE-

(a) Federal funds for Museum

The faith of the United States is pledged that upon the

completion of the acquisition in section 80k of this title, the

United States will provide such funds as may be necessary for the

upkeep of the Museum and the administrative expenses and costs of

operation thereof, including the protection and care of works of

art acquired by the Board, so the Museum shall at all times be

properly maintained and works of art contained therein shall be

exhibited regularly to the general public free of charge.

(b) Authorization of appropriations

There is authorized to be appropriated for the first fiscal year

under this subchapter, the sum of $1,000,000 and such amounts as

may be necessary for the succeeding fiscal years in order to carry

out the provisions of this subchapter.

-SOURCE-

(Pub. L. 95-414, Sec. 6, Oct. 5, 1978, 92 Stat. 912.)

-MISC1-

EFFECTIVE DATE

Section effective, except for the provisions in subsec. (b) of

this section, on the date of transfer of a deed or other instrument

under the provisions of section 80k of this title, see section 7 of

Pub. L. 95-414, set out as a note under section 80k of this title.

-CITE-

20 USC SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN

INDIAN 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

.

-HEAD-

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7512 of this title;

title 42 section 11701.

-CITE-

20 USC Sec. 80q 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 101-185, Sec. 2, Nov. 28, 1989, 103 Stat. 1336.)

-MISC1-

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-278, Sec. 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'.''

SHORT TITLE

Section 1 of Pub. L. 101-185 provided that: ''This Act (enacting

this subchapter) may be cited as the 'National Museum of the

American Indian Act'.''

-CITE-

20 USC Sec. 80q-1 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-1. National Museum of the American Indian

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-185, Sec. 3, Nov. 28, 1989, 103 Stat. 1337.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 80q-2, 80q-14 of this

title.

-CITE-

20 USC Sec. 80q-2 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-2. Authority of Board of Regents to enter into agreement

providing for transfer of Heye Foundation assets to Smithsonian

Institution

-STATUTE-

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.

-SOURCE-

(Pub. L. 101-185, Sec. 4, Nov. 28, 1989, 103 Stat. 1337.)

-CITE-

20 USC Sec. 80q-3 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-3. Board of Trustees of National Museum of the American

Indian

-STATUTE-

(a) In general

The National Museum shall be under a Board of Trustees with the

duties, powers, and authority specified in this section.

(b) General duties and powers

The Board of Trustees shall -

(1) recommend annual operating budgets for the National Museum

to the Board of Regents;

(2) advise and assist the Board of Regents on all matters

relating to the administration, operation, maintenance, and

preservation of the National Museum;

(3) adopt bylaws for the Board of Trustees;

(4) designate a chairman and other officers from among the

members of the Board of trustees; (FOOTNOTE 1) and

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

(5) report annually to the Board of Regents on the acquisition,

disposition, and display of Native American objects and artifacts

and on other appropriate matters.

(c) Sole authority

Subject to the general policies of the Board of Regents, the

Board of Trustees shall have the sole authority to -

(1) lend, exchange, sell, or otherwise dispose of any part of

the collections of the National Museum, with the proceeds of such

transactions to be used for additions to the collections of the

National Museum or additions to the endowment of the National

Museum, as the case may be;

(2) purchase, accept, borrow, or otherwise acquire artifacts

and other objects for addition to the collections of the Natural

Museum; and

(3) specify criteria for use of the collections of the National

Museum for appropriate purposes, including research, evaluation,

education, and method of display.

(d) Authority

Subject to the general policies of the Board of Regents, the

Board of Trustees shall have authority to -

(1) provide for restoration, preservation, and maintenance of

the collections of the National Museum;

(2) solicit funds for the National Museum and determine the

purposes to which such funds shall be applied; and

(3) approve expenditures from the endowment of the National

Museum for any purpose of the Museum.

(e) Initial appointments to Board of Trustees

(1) Membership

The initial membership of the Board of Trustees shall consist

of -

(A) the Secretary of the Smithsonian Institution;

(B) an Assistant Secretary of the Smithsonian Institution

appointed by the Board of Regents;

(C) 8 individuals appointed by the Board of Regents; and

(D) 15 individuals, each of whom shall be a member of the

board of trustees of the Heye Museum, appointed by the Board of

Regents from a list of nominees recommended by the board of

trustees of the Heye Museum.

(2) Special rule

At least 7 of the 23 members appointed under subparagraphs (C)

and (D) of paragraph (1) shall be Indians.

(3) Terms

The trustee appointed under paragraph (1)(B) shall serve at the

pleasure of the Board of Regents. The terms of the trustees

appointed under subparagraph (C) or (D) of paragraph (1) shall be

3 years, beginning on the date of the transfer of the Heye

Foundation assets to the Smithsonian Institution.

(4) Vacancies

Any vacancy shall be filled only for the remainder of the term

involved. Any vacancy appointment under paragraph (1)(D) shall

not be subject to the source and recommendation requirements of

that paragraph, but shall be subject to paragraph (2).

(f) Subsequent appointments to Board of Trustees

(1) Membership

Upon the expiration of the terms under subsection (e) of this

section, the Board of Trustees shall consist of -

(A) the Secretary of the Smithsonian Institution;

(B) a senior official of the Smithsonian Institution

appointed by the Board of Regents; and

(C) 23 individuals appointed by the Board of Regents from a

list of nominees recommended by the Board of Trustees.

(2) Special rule

A (FOOTNOTE 2) least 12 of the 23 members appointed under

paragraph (1)(C) shall be Indians.

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

(3) Terms

The trustee appointed under paragraph (1)(B) shall serve at the

pleasure of the Board of Regents. Except as otherwise provided in

the next sentence, the terms of members appointed under paragraph

(1)(C) shall be 3 years. Of the members first appointed under

paragraph (1)(C) -

(A) 7 members, 4 of whom shall be Indians, shall be appointed

for a term of one year, as designated at the time of

appointment; and

(B) 8 members, 4 of whom shall be Indians, shall be appointed

for a term of 2 years, as designated at the time of

appointment.

(4) Vacancies

Any vacancy shall be filled only for the remainder of the term

involved.

(g) Quorum

A majority of the members of the Board of Trustees then in office

shall constitute a quorum.

(h) Expenses

Members of the Board shall be entitled (to the same extent as

provided in section 5703 of title 5 with respect to employees

serving intermittently in the Government service) to per diem,

travel, and transportation expenses for each day (including travel

time) during which they are engaged in the performance of their

duties.

-SOURCE-

(Pub. L. 101-185, Sec. 5, Nov. 28, 1989, 103 Stat. 1337; Pub. L.

104-278, Sec. 2, Oct. 9, 1996, 110 Stat. 3355.)

-MISC1-

AMENDMENTS

1996 - Subsec. (f)(1)(B). Pub. L. 104-278 substituted ''a senior

official'' for ''an Assistant Secretary''.

-CITE-

20 USC Sec. 80q-4 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-4. Director and staff of National Museum

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-185, Sec. 6, Nov. 28, 1989, 103 Stat. 1339.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (c)(1), are classified

generally to section 3301 et seq. of Title 5, Government

Organization and Employees.

-CITE-

20 USC Sec. 80q-5 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-5. Museum facilities

-STATUTE-

(a) National Museum mall facility

The Board of Regents shall plan, design, and construct a facility

on the area bounded by Third Street, Maryland Avenue, Independence

Avenue, Fourth Street, and Jefferson Drive, Southwest, in the

District of Columbia to house the portion of the National Museum to

be located in the District of Columbia. The Board of Regents shall

pay not more than 2/3 of the total cost of planning, designing, and

constructing the facility from funds appropriated to the Board of

Regents. The remainder of the costs shall be paid from non-Federal

sources.

(b) National Museum Heye Center facility

(1) Lease of space from GSA

(A) Terms

Notwithstanding section 586(a) and (b) of title 40, the

Administrator of General Services may lease, at a nominal

charge, to the Smithsonian Institution space in the Old United

States Custom House at One Bowling Green, New York, New York,

to house the portion of the National Museum to be located in

the city of New York. The lease shall be subject to such terms

as may be mutually agreed upon by the Administrator and the

Secretary of the Smithsonian Institution. The term of the lease

shall not be less than 99 years.

(B) Reimbursement of Federal buildings fund

The Administrator of General Services may reimburse the fund

established by section 592 of title 40 for the difference

between the amount charged to the Smithsonian Institution for

leasing space under this paragraph and the commercial charge

under section 586(a) and (b) of title 40 which, but for this

paragraph, would apply to the leasing of such space. There are

authorized to be appropriated to the Administrator such sums as

may be necessary to carry out this subparagraph for fiscal

years beginning after September 30, 1990.

(2) Construction

(A) Museum facility

The Board of Regents shall plan, design, and construct a

significant facility for the National Museum in the space

leased under paragraph (1).

(B) Auditorium and loading dock facility

The Administrator of General Services shall plan, design, and

construct an auditorium and loading dock in the Old United

States Custom House at One Bowling Green, New York, New York,

for the shared use of all the occupants of the building,

including the National Museum.

(C) Square footage

The facilities to be constructed under this paragraph shall

have, in the aggregate, a total square footage of approximately

82,500 square feet.

(3) Repairs and alterations

After construction of the facility under paragraph (2)(A),

repairs and alterations of the facility shall be the

responsibility of the Board of Regents.

(4) Reimbursement of GSA

The Board of Regents shall reimburse the Administrator for the

Smithsonian Institution's pro rata share of the cost of

utilities, maintenance, cleaning, and other services incurred

with respect to the space leased under paragraph (1) and the full

cost of any repairs or alterations made by the General Services

Administration at the request of the Smithsonian Institution with

respect to the space.

(5) Cost sharing

(A) General rules

The Board of Regents shall pay 1/3 of the costs of planning,

designing, and constructing the facility under paragraph (2)(A)

from funds appropriated to the Board of Regents. The remainder

of the costs shall be paid from non-Federal sources.

(B) Responsibilities of New York City and State

Of the costs which are required to be paid from non-Federal

sources under this paragraph, the city of New York, New York,

and the State of New York have each agreed to pay $8,000,000 or

an amount equal to 1/3 of the costs of planning, designing, and

constructing the facility under paragraph (2)(A), whichever is

less. Such payments shall be made to the Board of Regents in

accordance with a payment schedule to be agreed upon by the

city and State and the Board of Regents.

(C) Limitation on obligations of Federal funds

Federal funds may not be obligated for actual construction of

a facility under paragraph (2)(A) in a fiscal year until

non-Federal sources have paid to the Board of Regents the

non-Federal share of such costs which the Board of Regents

estimates will be incurred in such year.

(6) Designation

The facility to be constructed under paragraph (2)(A) shall be

known and designated as the ''George Gustav Heye Center of the

National Museum of the American Indian''.

(c) Museum Support Center facility

The Board of Regents shall plan, design, and construct a facility

for the conservation and storage of the collections of the National

Museum at the Museum Support Center of the Smithsonian Institution.

(d) Minimum square footage

The facilities to be constructed under this section shall have,

in the aggregate, a total square footage of at least 400,000 square

feet.

(e) Authority to contract with GSA

The Board of Regents and the Administrator of General Services

may enter into such agreements as may be necessary for planning,

designing, and constructing facilities under this section (other

than subsection (b)(2)(B)). Under such agreements, the Board of

Regents shall transfer to the Administrator, from funds available

for planning, designing, and constructing such facilities, such

amounts as may be necessary for expenses of the General Services

Administration with respect to planning, designing, and

constructing such facilities.

(f) Limitation on obligation of Federal funds

Notwithstanding any other provision of this subchapter, funds

appropriated for carrying out this section may not be obligated for

actual construction of any facility under this section until the

60th day after the date on which the Board of Regents transmits to

Congress a written analysis of the total estimated cost of the

construction and a cost-sharing plan projecting the amount for

Federal appropriations and for non-Federal contributions for the

construction on a fiscal year basis.

-SOURCE-

(Pub. L. 101-185, Sec. 7, Nov. 28, 1989, 103 Stat. 1339.)

-COD-

CODIFICATION

''Section 586(a) and (b) of title 40'' substituted in subsec.

(b)(1)(A) for ''section 210(j) of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 490(j))'', ''section

592 of title 40'' substituted in subsec. (b)(1)(B) for ''section

210(f) of the Federal Property and Administrative Services Act of

1949 (40 U.S.C. 490(f))'', and ''section 586(a) and (b) of title

40'' substituted in subsec. (b)(1)(B) for ''section 210(j) of such

Act'' on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002,

116 Stat. 1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC3-

NATIONAL NATIVE AMERICAN VETERANS' MEMORIAL

Pub. L. 103-384, Oct. 22, 1994, 108 Stat. 4067, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'Native American Veterans'

Memorial Establishment Act of 1994'.

''SEC. 2. FINDINGS.

''The Congress finds the following:

''(1) Native Americans across the Nation - Indians, Native

Alaskans, and Native Hawaiians - have a long, proud and

distinguished tradition of service in the Armed Forces of the

United States.

''(2) Native Americans have historically served in the Armed

Forces of the United States in numbers which far exceed their

representation in the population of the United States.

''(3) Native American veterans count among themselves a number

of Medal of Honor recipients. Their numbers are also conspicuous

in the ranks of those who have received other decorations for

valor and distinguished service.

''(4) Native Americans have lost their lives in the service of

their Nation and in the cause of peace.

''(5) The National Museum of the American Indian was

established as a living memorial to Native Americans. Its mission

is to advance knowledge and understanding of Native American

cultures, including art, history, language, and the contributions

Native Americans have made to our society.

''(6) The National Museum of the American Indian is an

extraordinary site and an ideal location to establish a National

Native American Veterans' Memorial.

''(7) A National Native American Veterans' Memorial would

further the purposes of the National Museum of the American

Indian by giving all Americans the opportunity to learn of the

proud and courageous tradition of service of Native Americans in

the Armed Forces of the United States.

''SEC. 3. AUTHORITY TO ESTABLISH MEMORIAL.

''(a) In General. - The National Museum of the American Indian

(established by the National Museum of the American Indian Act (20

U.S.C. 80q et seq.)), in close consultation with the National

Congress of American Indians and other Native American groups, is

authorized to construct and maintain a National Native American

Veterans' Memorial (hereafter in this Act referred to as the

'memorial').

''(b) Location. - The memorial shall be located at a site

determined to be suitable by the Museum within the interior

structure of the facility provided for by section 7(a) of such Act

(20 U.S.C. 80q-5(a)) (relating to housing the portion of the Museum

to be located in the District of Columbia).

''(c) Design and Plans. - (1) The National Congress of American

Indians, in consultation with the Museum, is authorized to hold a

competition to select the design of the Memorial. Any design so

selected shall be compatible with both the purpose of the Museum,

as set forth in section 3(b) of the National Museum of the American

Indian Act (20 U.S.C. 80q-1 ((b))), and with any existing design

plans for the Museum's structure and its surroundings.

''(2) Any design so selected shall be subject to the approval of

the Board of Regents of the Smithsonian Institution.

''SEC. 4. PAYMENT OF EXPENSES AND USE OF NAME.

''(a) Responsibility of National Congress of American Indians. -

The National Congress of American Indians shall be solely

responsible for acceptance of contributions for, and payment of the

expenses of, the establishment of the memorial. No Federal funds

may be used to pay any expense of the establishment of the

memorial.

''(b) Use of Name. - Use of the name of the Smithsonian

Institution or the National Museum of the American Indian in any

material regarding the memorial produced by the National Congress

of American Indians, other than in a manner simply describing the

location of the memorial, shall be subject to consultation with,

and the approval of, the Board of Regents of the Smithsonian

Institution.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 80q-6, 80q-15 of this

title.

-CITE-

20 USC Sec. 80q-6 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-6. Custom House office space and auditorium

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-185, Sec. 8, Nov. 28, 1989, 103 Stat. 1341.)

-COD-

CODIFICATION

''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, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the first

section of which enacted Title 40, Public Buildings, Property, and

Works.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80q-15 of this title.

-CITE-

20 USC Sec. 80q-7 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-7. Audubon Terrace

-STATUTE-

(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,

(FOOTNOTE 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 -

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(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.

-SOURCE-

(Pub. L. 101-185, Sec. 9, Nov. 28, 1989, 103 Stat. 1342.)

-CITE-

20 USC Sec. 80q-8 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-8. Board of Regents functions with respect to certain

agreements and programs

-STATUTE-

(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 community colleges (as defined in section

1801 (FOOTNOTE 1) of title 25), programs to enhance the

opportunities for Indians in the areas of museum studies,

management, and research.

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

(Pub. L. 101-185, Sec. 10, Nov. 28, 1989, 103 Stat. 1342; Pub. L.

105-244, title IX, Sec. 901(d), Oct. 7, 1998, 112 Stat. 1828.)

-REFTEXT-

REFERENCES IN TEXT

Section 1801 of title 25, referred to in subsec. (b)(2), was

subsequently amended, and no longer defines the term ''tribally

controlled community college''.

-MISC2-

AMENDMENTS

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.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80q-15 of this title.

-CITE-

20 USC Sec. 80q-9 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-9. Inventory, identification, and return of Indian human

remains and Indian funerary objects in possession of

Smithsonian Institution

-STATUTE-

(a) Inventory and identification

(1) The Secretary of the Smithsonian Institution, in consultation

and cooperation with traditional Indian religious leaders and

government officials of Indian tribes, shall -

(A) inventory the Indian human remains and Indian funerary

objects in the possession or control of the Smithsonian

Institution; and

(B) using the best available scientific and historical

documentation, identify the origins of such remains and objects.

(2) The inventory made by the Secretary of the Smithsonian

Institution under paragraph (1) shall be completed not later than

June 1, 1998.

(3) For purposes of this subsection, the term ''inventory'' means

a simple, itemized list that, to the extent practicable,

identifies, based upon available information held by the

Smithsonian Institution, the geographic and cultural affiliation of

the remains and objects referred to in paragraph (1).

(b) Notice in case of identification of tribal origin

If the tribal origin of any Indian human remains or Indian

funerary object is identified by a preponderance of the evidence,

the Secretary shall so notify any affected Indian tribe at the

earliest opportunity.

(c) Return of Indian human remains and associated Indian funerary

objects

If any Indian human remains are identified by a preponderance of

the evidence as those of a particular individual or as those of an

individual culturally affiliated with a particular Indian tribe,

the Secretary, upon the request of the descendants of such

individual or of the Indian tribe shall expeditiously return such

remains (together with any associated funerary objects) to the

descendants or tribe, as the case may be.

(d) Return of Indian funerary objects not associated with Indian

human remains

If any Indian funerary object not associated with Indian human

remains is identified by a preponderance of the evidence as having

been removed from a specific burial site of an individual

culturally affiliated with a particular Indian tribe, the

Secretary, upon the request of the Indian tribe, shall

expeditiously return such object to the tribe.

(e) Interpretation

Nothing in this section shall be interpreted as -

(1) limiting the authority of the Smithsonian Institution to

return or repatriate Indian human remains or Indian funerary

objects to Indian tribes or individuals; or

(2) delaying actions on pending repatriation requests, denying

or otherwise affecting access to the courts, or limiting any

procedural or substantive rights which may otherwise be secured

to Indian tribes or individuals.

(f) 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

to carry out this section and section 80q-9a of this title.

-SOURCE-

(Pub. L. 101-185, Sec. 11, Nov. 28, 1989, 103 Stat. 1343; Pub. L.

104-278, Sec. 3, Oct. 9, 1996, 110 Stat. 3355.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-278, Sec. 3(a), designated

existing provisions as par. (1), added pars. (2) and (3), and

redesignated former pars. (1) and (2) as subpars. (A) and (B),

respectively, of par. (1).

Subsec. (f). Pub. L. 104-278, Sec. 3(b), inserted ''and section

80q-9a of this title'' after ''to carry out this section''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 80q-10, 80q-11, 80q-12,

80q-15 of this title.

-CITE-

20 USC Sec. 80q-9a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-9a. Summary and repatriation of unassociated funerary

objects, sacred objects, and cultural patrimony

-STATUTE-

(a) Summary

Not later than December 31, 1996, the Secretary of the

Smithsonian Institution shall provide a written summary that

contains a summary of unassociated funerary objects, sacred

objects, and objects of cultural patrimony (as those terms are

defined in subparagraphs (B), (C), and (D), respectively, of

section 3001(3) of title 25, based upon available information held

by the Smithsonian Institution. The summary required under this

section shall include, at a minimum, the information required under

section 3004 of title 25.

(b) Repatriation

Where cultural affiliation of Native American unassociated

funerary objects, sacred objects, and objects of cultural patrimony

has been established in the summary prepared pursuant to subsection

(a) of this section, or where a requesting Indian tribe or Native

Hawaiian organization can show cultural affiliation by a

preponderance of the evidence based upon geographical, kinship,

biological, archaeological, anthropological, linguistic, folkloric,

oral traditional, historical, or other relevant information or

expert opinion, then the Smithsonian Institution shall

expeditiously return such unassociated funerary object, sacred

object, or object of cultural patrimony where -

(1) the requesting party is the direct lineal descendant of an

individual who owned the unassociated funerary object or sacred

object;

(2) the requesting Indian tribe or Native Hawaiian organization

can show that the object was owned or controlled by the Indian

tribe or Native Hawaiian organization; or

(3) the requesting Indian tribe or Native Hawaiian organization

can show that the unassociated funerary object or sacred object

was owned or controlled by a member thereof, provided that in the

case where an unassociated funerary object or sacred object was

owned by a member thereof, there are no identifiable lineal

descendants of said member or the lineal descendants, upon

notice, have failed to make a claim for the object.

(c) Standard of repatriation

If a known lineal descendant or an Indian tribe or Native

Hawaiian organization requests the return of Native American

unassociated funerary objects, sacred objects, or objects of

cultural patrimony pursuant to this subchapter and presents

evidence which, if standing alone before the introduction of

evidence to the contrary, would support a finding that the

Smithsonian Institution did not have the right of possession, then

the Smithsonian Institution shall return such objects unless it can

overcome such inference and prove that it has a right of possession

to the objects.

(d) Museum obligation

Any museum of the Smithsonian Institution which repatriates any

item in good faith pursuant to this subchapter shall not be liable

for claims by an aggrieved party or for claims of fiduciary duty,

public trust, or violations of applicable law that are inconsistent

with the provisions of this subchapter.

(e) Statutory construction

Nothing in this section may be construed to prevent the Secretary

of the Smithsonian Institution, with respect to any museum of the

Smithsonian Institution, from making an inventory or preparing a

written summary or carrying out the repatriation of unassociated

funerary objects, sacred objects, or objects of cultural patrimony

in a manner that exceeds the requirements of this subchapter.

(f) ''Native Hawaiian organization'' defined

For purposes of this section, the term ''Native Hawaiian

organization'' has the meaning provided that term in section

3001(11) of title 25.

-SOURCE-

(Pub. L. 101-185, Sec. 11A, as added Pub. L. 104-278, Sec. 4, Oct.

9, 1996, 110 Stat. 3355.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 80q-9, 80q-10 of this

title.

-CITE-

20 USC Sec. 80q-10 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-10. Special committee to review inventory, identification,

and return of Indian human remains and Indian funerary objects

-STATUTE-

(a) Establishment; duties

Not later than 120 days after November 28, 1989, the Secretary of

the Smithsonian Institution shall appoint a special committee to

monitor and review the inventory, identification, and return of

Indian human remains and Indian funerary objects under section

80q-9 of this title and unassociated funerary objects, sacred

objects, and objects of cultural patrimony under section 80q-9a of

this title. In carrying out its duties, the committee shall -

(1) with respect to the inventory and identification, ensure

fair and objective consideration and assessment of all relevant

evidence;

(2) upon the request of any affected party or otherwise, review

any finding relating to the origin or the return of such remains

or objects;

(3) facilitate the resolution of any dispute that may arise

between Indian tribes with respect to the return of such remains

or objects; and

(4) perform such other related functions as the Secretary may

assign.

(b) Membership

The committee shall consist of 7 members, of whom -

(1) 4 members shall be appointed from among nominations

submitted by Indian tribes and organizations;

(2) at least 2 members shall be traditional Indian religious

leaders; and

(3) the Secretary shall designate one member as chairman.

The Secretary may not appoint to the committee any individual who

is an officer or employee of the Government (including the

Smithsonian Institution) or any individual who is otherwise

affiliated with the Smithsonian Institution.

(c) Access

The Secretary shall ensure that the members of the committee have

full and free access to the Indian human remains and Indian

funerary objects subject to section 80q-9 of this title and to any

related evidence, including scientific and historical documents.

(d) Pay and expenses of members

Members of the committee shall -

(1) be paid the daily equivalent of the annual rate of basic

pay payable for grade GS-18 of the General schedule under section

5332 of title 5; and

(2) be entitled (to the same extent as provided in section 5703

of such title, with respect to employees serving intermittently

in the Government service) to per diem, travel, and

transportation expenses;

for each day (including travel time) during which they are engaged

in the performance of their duties.

(e) Rules and administrative support

The Secretary shall prescribe regulations and provide

administrative support for the committee.

(f) Report and termination

At the conclusion of the work of the committee, the Secretary

shall be so (FOOTNOTE 1) certify by report to the Congress. The

committee shall cease to exist 120 days after the submission of the

report.

(FOOTNOTE 1) So in original. Probably should be ''shall so''.

(g) Nonapplicability of Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the committee.

(h) Authorization of appropriations

There is authorized to be appropriated $250,000 for fiscal year

1991 and such sums as may be necessary for succeeding fiscal years

to carry out this section.

-SOURCE-

(Pub. L. 101-185, Sec. 12, Nov. 28, 1989, 103 Stat. 1344; Pub. L.

104-278, Sec. 5, Oct. 9, 1996, 110 Stat. 3357.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (g),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-278, Sec. 5(1), in first

sentence, inserted ''and unassociated funerary objects, sacred

objects, and objects of cultural patrimony under section 80q-9a of

this title'' before period.

Subsec. (b). Pub. L. 104-278, Sec. 5(2)(A), substituted ''7

members'' for ''five members'' in introductory provisions.

Subsec. (b)(1). Pub. L. 104-278, Sec. 5(2)(B), substituted ''4

members'' for ''three members'' and struck out ''and'' at end.

Subsec. (b)(2), (3). Pub. L. 104-278, Sec. 5(2)(C), (D), added

par. (2) and redesignated former par. (2) as (3).

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 80q-11, 80q-15 of this

title.

-CITE-

20 USC Sec. 80q-11 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-11. Inventory, identification, and return of Native

Hawaiian human remains and Native Hawaiian funerary objects in

possession of Smithsonian Institution

-STATUTE-

(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 (FOOTNOTE 1) funerary objects; and

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

-SOURCE-

(Pub. L. 101-185, Sec. 13, Nov. 28, 1989, 103 Stat. 1345.)

-CITE-

20 USC Sec. 80q-12 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 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

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-185, Sec. 14, Nov. 28, 1989, 103 Stat. 1345.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80q-15 of this title.

-CITE-

20 USC Sec. 80q-13 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-13. Grants by Secretary of the Interior to assist Indian

organizations with respect to renovation and repair of museum

facilities and exhibit facilities

-STATUTE-

(a) Grants

The Secretary of the Interior may make grants to Indian

organizations, including Indian tribes, museums, cultural centers,

educational institutions, libraries, and archives, for renovation

and repair of museum facilities and exhibit facilities to enable

such organizations to exhibit objects and artifacts on loan from

the collections of the Smithsonian Institution or from other

sources. Such grants may be made only from the Tribal Museum

Endowment Fund.

(b) Indian organization contribution

In making grants under subsection (a) of this section, the

Secretary may require the organization receiving the grant to

contribute, in cash or in kind, not more than 50 percent of the

cost of the renovation or repair involved. Such contribution may

be derived from any source other than the Tribal Museum Endowment

Fund.

(c) Tribal Museum Endowment Fund

(1) Establishment

There is established in the Treasury a fund, to be known as the

''Tribal Museum Endowment Fund'' (hereinafter in this subsection

referred to as the ''Fund'') for the purpose of making grants

under subsection (a) of this section. The Fund shall consist of

(A) amounts deposited and credited under paragraph (2), (B)

obligations obtained under paragraph (3), and (C) amounts

appropriated pursuant to authorization under paragraph (5).

(2) Deposits and credits

The Secretary of the Interior is authorized to accept

contributions to the Fund from non-Federal sources and shall

deposit such contributions in the Fund. The Secretary of the

Treasury shall credit to the Fund the interest on, and the

proceeds from sale and redemption of, obligations held in the

Fund.

(3) Investments

The Secretary of the Treasury may invest any portion of the

Fund in interest-bearing obligations of the United States. Such

obligations may be acquired on original issue or in the open

market and may be held to maturity or sold in the open market.

In making investments for the Fund, the Secretary of the Treasury

shall consult the Secretary of the Interior with respect to

maturities, purchases, and sales, taking into consideration the

balance necessary to meet current grant requirements.

(4) Expenditures and capital preservation

Subject to appropriation, amounts derived from interest shall

be available for expenditure from the Fund. The capital of the

Fund shall not be available for expenditure.

(5) Authorization of appropriations

There is authorized to be appropriated to the Fund $2,000,000

for each fiscal year beginning with fiscal year 1992.

-SOURCE-

(Pub. L. 101-185, Sec. 15, Nov. 28, 1989, 103 Stat. 1345.)

-COD-

CODIFICATION

Subsec. (d) of this section, which required the Secretary of the

Interior, in consultation with the Secretary of the Treasury, to

submit an annual report to Congress on activities under this

section, terminated, effective May 15, 2000, pursuant to section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance. See, also, page 108 of House

Document No. 103-7.

-MISC3-

NATIVE AMERICAN CULTURAL CENTER IN OKLAHOMA CITY, OKLAHOMA;

FEASIBILITY STUDY AND REPORT

Pub. L. 102-196, Dec. 9, 1991, 105 Stat. 1620, directed Secretary

of the Interior to conduct a study and make a report to Congress on

the feasibility of establishing a Native American Cultural Center

in Oklahoma City, Oklahoma, and made appropriations for that

purpose.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 80q-15 of this title.

-CITE-

20 USC Sec. 80q-14 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-14. Definitions

-STATUTE-

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.

-SOURCE-

(Pub. L. 101-185, Sec. 16, Nov. 28, 1989, 103 Stat. 1346.)

-CITE-

20 USC Sec. 80q-15 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 3 - SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART

GALLERIES

SUBCHAPTER XIII - NATIONAL MUSEUM OF THE AMERICAN INDIAN

-HEAD-

Sec. 80q-15. Authorization of appropriations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 101-185, Sec. 17, Nov. 28, 1989, 103 Stat. 1347.)

-CITE-