Page images
PDF
EPUB

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 that title.

CODIFICATION

The functions of the Commanding General of the Army Air Forces were transferred to the Chief of Staff, United States Air Force, by act July 26, 1947, ch. 343, title II, § 208(b), 61 Stat. 503. Section 208(b) of act July 26, 1947 was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.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.

AMENDMENTS

1966-Subsec. (a). Pub. L. 89-509, § 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, § 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 sections 77, 77a, 77c, and 77d of this title, and provisions set out as notes under sections 77, 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'."

TRANSFER OF FUNCTIONS

"Federal Aviation Administration" was substituted for "Federal Aviation Agency" in subsec. (a) pursuant to Pub. L. 89–670, §§ 3(e), 6(c)(1), Oct. 15, 1966, 80 Stat. 931, 937, which transferred all functions, powers, and duties of the Federal Aviation Agency and of the Administrator and other offices and officers thereof to the Secretary of Transportation and established a Federal Aviation Administration in the Department of Transportation. See section 106 of Title 49, Transpor

tation.

APPROPRIATIONS

Section 6 of act Aug. 12, 1946, as amended by section 10 of act July 19, 1966, 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."

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."

CROSS REFERENCES

National Armed Forces Museum Advisory Board establishment provisions as not rescinding National Air Museum provisions, see section 80a of this title.

§ 77a. Functions of museum

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.

(Aug. 12, 1946, ch. 955, § 2, 60 Stat. 998; July 19, 1966, Pub. L. 89-509, pt. I, § 4, 80 Stat. 310.)

AMENDMENTS

1966-Pub. L. 89-509 substituted "national air and space museum" for "national air museum", inserted "and space flight" following “aviation" wherever appearing, and substituted "aeronautical and space flight equipment" for "aeronautical equipment”.

§ 77b. Repealed. Pub. L. 89-509, pt. 1, § 5, July 19, 1966, 80 Stat. 310

Section, act Aug. 12, 1946, ch. 955, § 3, 60 Stat. 998, directed the Secretary of the Smithsonian Institution to investigate and survey suitable lands and buildings for selection as a site for the 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, §§ 12, 13, July 19, 1966, 80 Stat. 311, 312, authorized and directed the Regents of the Smithsonian Institution to prepare plans and to construct a building for a National Air and Space Museum at a certain site with the exact location to be approved by the National Capital Planning Commission and the design to be approved by the Commission of Fine Arts and with the supervision of the work to be by the Administrator of the General Services Administration and also appropriated such sums as were necessary to carry out the work.

8 77c. Museum board

(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 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 the national air and space museum, including all public and private moneys received and disbursed.

(Aug. 12, 1946, ch. 955, § 4, 60 Stat. 998; July 19, 1966, Pub. L. 89-509, pt. I, §§ 6, 7, 80 Stat. 310, 311.)

AMENDMENTS

1966-Subsec. (a). Pub. L. 89-509, § 6, raised from three to six the number of board members required to constitute a quorum.

Subsec. (b). Pub. L. 89-509, § 7, substituted “national air and space museum" for "national air museum".

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

The heads of executive departments and independent agencies of the Government are authorized to transfer or loan to the 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 education purposes. (Aug. 12, 1946, ch. 955, § 5(a), 60 Stat. 998; July 19, 1966, Pub. L. 89-509, pt. 1, § 8, 80 Stat. 311.)

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.

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 the 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 statute to be erected at a suitable location on the grounds of the national air and space museum."

SUBCHAPTER VIII-PALEONTOLOGICAL

INVESTIGATIONS

§ 78. Cooperation of Smithsonian Institution with State institutions for continuing paleontological investigations

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.

(Aug. 15, 1949, ch. 427, § 1, 63 Stat. 606.)

§ 78a. Authorization of appropriations; availability of funds; limit on use of funds during fiscal year; supervision; rules and regulations

There is authorized to be appropriated, out of any money in the Treasury not otherwise ap

propriated, 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.

(Aug. 15, 1949, ch. 427, § 2, 63 Stat. 606.)

SUBCHAPTER IX-CANAL ZONE BIOLOGICAL AREA

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

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.

(July 2, 1940, ch. 516, § 1, 54 Stat. 724.)

REFERENCES IN TEXT

For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.

CODIFICATION

Section was formerly classified to section 1381 of Title 48, Territories and Insular Possessions.

TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, § 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.

879a. Preservation of natural features for scientific observation and investigation

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.

(July 2, 1940, ch. 516, § 2, 54 Stat. 724; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

CODIFICATION

Section was formerly classified to section 1382 of Title 48, Territories and Insular Possessions.

TRANSFER OF FUNCTIONS

"Smithsonian Institution" was 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.

879b. Functions of Smithsonian Institution

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' 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. (July 2, 1940, ch. 516, § 4, 54 Stat. 724; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101; Oct. 20, 1965, Pub. L. 89-280, § 2, 79 Stat. 1012.)

CODIFICATION

Section was formerly classified to section 1384 of Title 48, Territories and Insular Possessions.

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.

TRANSFER OF FUNCTIONS

"Smithsonian Institution" was substituted in text for "Board of Directors of the Canal Zone Biological

'So in original. Probably should be "fix".

Area" and former clause (a) which provided for annual meetings of the Board was superseded by Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees.

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

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. (July 2, 1940, ch. 516, § 5, 54 Stat. 725; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

CODIFICATION

Section was formerly classified to section 1385 of Title 48, Territories and Insular Possessions.

TRANSFER OF FUNCTIONS

References to the "Board of Directors of the Canal Zone Biological Area" and its "executive officer" were 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.

§ 79d. Deposit of receipts into Treasury; disbursements

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 Division of Disbursement on requisitions or vouchers signed by or on authority of the Smithsonian Institution.

(July 2, 1940, ch. 516, § 6, 54 Stat. 725; 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101.)

CODIFICATION

Section was formerly classified to section 1386 of Title 48, Territories and Insular Possessions.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of the Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 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" was 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.

The Division of Disbursements in the Treasury Department was consolidated in the Fiscal Service of that Department by Reorg. Plan No. III of 1940, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5.

§ 79e. Authorization of appropriations

There are authorized to be appropriated annually, from money in the Treasury of the United States not otherwise appropriated, such sums, not to exceed $750,000, 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.

(July 2, 1940, ch. 516, § 7, 54 Stat. 725; Oct. 20, 1965, Pub. L. 89-280, § 1, 79 Stat. 1012; Oct. 19, 1979, Pub. L. 96–89, § 1, 93 Stat. 697.)

CODIFICATION

Section was formerly classified to section 1387 of Title 48, Territories and Insular Possessions.

AMENDMENTS

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 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."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 79d of this title.

SUBCHAPTER X-NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD

§ 80. National Armed Forces Museum Advisory Board (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 re

mainder 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. (Pub. L. 87-186, § 1, Aug. 30, 1961, 75 Stat. 414.) § 80a. Display of contributions of Armed Forces (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. (Pub. L. 87-186, § 2, Aug. 30, 1961, 75 Stat. 414; Pub. L. 89-509, pt. I, § 2, July 19, 1966, 80 Stat. 310.)

CHANGE OF NAME

"National Air and Space Museum" was 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.

§ 80b. Selection of site

(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.

(Pub. L. 87-186, § 3, Aug. 30, 1961, 75 Stat. 415.)

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

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.

(Pub. L. 87-186, § 4, Aug. 30, 1961, 75 Stat. 415.) § 80d. Authorization of appropriations

There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary for the purposes of this subchapter.

(Pub. L. 87-186, § 5, Aug. 30, 1961, 75 Stat. 415.)

SUBCHAPTER XI-WOODROW WILSON INTERNATIONAL CENTER FOR SCHOL

ARS

§ 80e. Congressional declaration of policy

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.”

(Pub. L. 90-637, § 2, Oct. 24, 1968, 82 Stat. 1357.)

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'."

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

(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 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.

(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.

« PreviousContinue »