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(a) Establishment of bureau; direction by Board of Trustees; composition of Board.

(b) Appointment of general trustees; terms of office.

(c) Advisory Committee on the Arts; designation of members and Chairman; functions; service without compensation; travel, subsistence, and other expenses.

Construction of building; fund raising; designation as John F. Kennedy Center for the Performing Arts; location and selection of site; acquisition of lands; plans and specifications.

Presentations, programs, facilities for activities, and memorial in honor of the late President. Trust funds, officers and employees, review of Board actions. (a) Solicitation, acceptance, holding, administering of gifts, bequests, devises; sale, exchange, investment of trust fund property; deposit and expenditure of income.

Sole national memorial to the late John F.
Kennedy within the city of Washington
and environs.

SUBCHAPTER VI-JOSEPH H. HIRSHHORN
MUSEUM AND SCULPTURE GARDEN
Site for museum and sculpture garden.
(a) Appropriation and availability.

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(b) Appointment and fixing compensation and duties of officers and employees; qualifications of director, assistant director, and secretary.

77c.

Museum board.

77d.

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78.

78a.

(c) Annual report of operations and fi

nances.

(d) Report of proposed memorial; approval of memorial.

(e) Maintenance, security, information,

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SUBCHAPTER IX-CANAL ZONE BIOLOGICAL AREA

Barro Colorado Island in Gatun Lake to be
set aside.

Preservation of natural features for scientif-
ic observation and investigation.
Functions of Smithsonian Institution.

Resident manager; powers and duties; com-
pensation.

Deposit of receipts into Treasury; disbursements.

Authorization of appropriations.

SUBCHAPTER X-NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

80.

80a.

National Armed Forces Museum Advisory Board.

(a) Establishment; functions.

(b) Membership.

(c) Term of office; vacancies.

(d) Quorum.

(e) Compensation, travel and other ex

penses.

(f) Biennial organization; rules and regulations.

Display of contributions of Armed Forces.

(a) Study center; historical collections.

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Congressional declaration of policy.

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.

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. 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; pub-
lication and dissemination by
Board of Memorial Lectures.
(d) Hubert H. Humphrey Fellowship
Trust Fund; establishment, compo-
sition, investments, etc.

(e) Payments to Board from investments
for implementation of Fellowship
purposes.

(f) Authorization of appropriations. Administration; quorum.

Authorization of appropriations; limitations. Audit of accounts.

SUBCHAPTER XII-MUSEUM OF AFRICAN ART Donation and transfer of lands and improvements, works of art, and other assets and property of Museum of African Art to Smithsonian Institution.

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SUBCHAPTER I-CHARTER PROVISIONS

§ 41. Incorporation of institution

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.

(R.S. § 5579; Feb. 27, 1877, ch. 69, 19 Stat. 253; Mar. 12, 1894, ch. 36, 28 Stat. 41.)

CODIFICATION

R.S. 5579 derived from acts Aug. 10, 1846, ch. 178, § 1, 9 Stat. 102; Mar. 20, 1871, ch. 1, 17 Stat. 1.

R.S. §§ 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. 5579, as originally enacted, constituted the President, the Vice-President, the Secretaries of State, the Treasury, War, and the Navy, the PostmasterGeneral, 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.

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, § 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'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title.

§ 42. Board of Regents; members

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

services

nine other persons, other than Members of § 44. Organization of board; expenses; gratuitous 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.

(R.S. § 5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Dec. 15, 1970, Pub. L. 91-551, § 1(a), 84 Stat. 1439.)

CODIFICATION

R.S. 5580 derived from acts Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871, ch. 1, 17 Stat. 1.

AMENDMENTS

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

1894-Act Mar. 12, 1894, struck out after "the Chief Justice of the United States," the words "The Governor of the District of Columbia".

CROSS REFERENCES

National Zoological Park, administration by Regents of Smithsonian Institution, see section 81 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

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

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

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 reelection, their office as Senators. Vacancies, occasioned by death, resignation, or otherwise, shall be filled as vacancies in comImittees 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.

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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.

(R.S. § 5582; Dec. 15, 1970, Pub. L. 91-551, § 1(d), 84 Stat. 1440.)

CODIFICATION

R.S. § 5582 derived from act Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103.

AMENDMENTS

1970-Pub. L. 91-551 increased the number of members required to constitute a quorum from five to eight.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title.

§ 45. Special meetings of members

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 bylaws of the institution, at which the President, and in his absence the Vice President, shall preside.

(R.S. § 5585.)

R.S.

CODIFICATION

5585 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat. 103.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title.

§ 46. Duties of Secretary

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.

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

CODIFICATION

R.S. 5583 derived from act Aug. 10, 1846, ch. 178, § 7, 9 Stat. 105.

AMENDMENTS

1951-Act Oct. 25, 1951, inserted "until no longer needed in conducting current business".

CROSS REFERENCES

Management and disposition of records, see sections 2101 et seq., 2301 et seq., 2501 et seq., 2901 et seq., 3101 et seq., and 3301 et seq. of Title 44, Public Printing and Documents.

Statement of expenditures, see section 49 of this

title.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 46a. Employment of aliens by Secretary

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.

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

§ 47. Acting Secretary

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

PRIOR PROVISIONS

Act May 13, 1884 is derived from act Jan. 24, 1879, ch. 21, 20 Stat. 264.

§ 48. Salary and removal of Secretary and assistants

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.

(R.S. § 5584.)

CODIFICATION

R.S. § 5584 derived from act Aug. 10, 1846, ch. 178, § 7, 9 Stat. 105.

Provisions which related to semi-annual payments on the first day of January and July have been omitted.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title.

§ 49. Statement of expenditures

The Secretary shall submit to Congress annually at the beginning of each regular session thereof a detailed statement of the expenditures of the preceding fiscal year, under appropriations for "International Exchanges," "North American Ethnology," and the "National Museum."

(Oct. 2, 1888, ch. 1069, 25 Stat. 529.)

CROSS REFERENCES

Annual report of salaries, see section 58 of this title. Printing and distribution of reports of Smithsonian Institution, see section 1341 of Title 44, Public Printing and Documents.

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

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. (R.S. § 5586.)

CODIFICATION

R.S. 5586 derived from act Aug. 10, 1846, ch. 178, § 6, 9 Stat. 105.

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, § 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, § 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 the Secretary of State to transfer to the custody of the Secretary of the Institution for safekeeping and exhibition in the 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 the family of General Robert Armstrong.

TRANSPORTAtion of PROPERTY

The Quartermaster-General and his officers were required to receive and transport property for the National Museum by a provision of act July 5, 1884, ch. 217, 23 Stat. 107.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 57, 67 of this title.

§ 50a. Gellatly art collection; estimates of sums needed for preservation and maintenance

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.

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

§ 51. Library

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.

(R.S. § 5587.)

CODIFICATION

R.S. 5587 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat. 105.

PUBLIC USE OF RESEARCH AND STUDY FACILITIES OF CERTAIN INSTITUTIONS

Under provisions of R.S. § 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.

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