Legislación
US (United States) Code. Title 20. Chapter 3: Smithsonian Institution, national museums and art galleries
-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 Repealed.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 Repealed.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 Repealed.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-
Descargar
| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.