Section 35, Pub. L. 88-210, § 1, Dec. 18, 1963, 77 Stat. 403, set out declaration of policy as to sections 35 to 35n of this title.

reorganized, was classified to section 1241 et seq. of this title.

Section 35 note, Pub. L. 88-210, § 17, Dec. 18, 1963, 77 Stat. 415, named sections 1-17 of Pub. L. 88-210 the "Vocational Education Act of 1963". See Short Title note set out under section 2301 of this title.

Section 35a, Pub. L. 88-210, § 2, Dec. 18, 1963, 77 Stat. 403, authorized annual appropriations.

Section 35b, Pub. L. 88-210, § 3, Dec. 18, 1963, 77 Stat. 403, covered determination of allotment to be made to each State of sums appropriated under section 35a of this title.

Section 35c, Pub. L. 88-210, § 4, Dec. 18, 1963, 77 Stat. 405, set out allowable uses for allotments.

Section 35d, Pub. L. 88-210, § 5, Dec. 18, 1963, 77 Stat. 405, set out requisite elements of State plan and covered the designation of State board and State advisory council, policy and procedure for allocation of allotment, qualifications of persons under the plan, arrangements with public employment offices, accounting and fiscal control, labor standards, and reports. Section 35e, Pub. L. 88-210, § 6, Dec. 18, 1963, 77 Stat. 407, set conditions for payments to States.

Section 35f, Pub. L. 88-210, § 7, Dec. 18, 1963, 77 Stat. 408, provided for application of labor standards under the Davis-Bacon Act (40 U.S.C. 276a to 276a-5) to construction projects assisted under sections 35 to 35n of this title.

Section 35g, Pub. L. 88-210, § 8, Dec. 18, 1963, 77 Stat. 408, defined terms used in sections 35 to 35n of this title.

Section 35h, Pub. L. 88-210, § 9, Dec. 18, 1963, 77 Stat. 410, established Advisory Committee on Vocational Education.

Section 351, Pub. L. 88-210, § 10, Dec. 18, 1963, 77 Stat. 410, covered uses of allotments obtained under other statutes.

Section 35j, Pub. L. 88-210, § 12, Dec. 18, 1963, 77 Stat. 411, established Advisory Council on Vocational Education.

Section 35k, Pub. L. 88-210, § 13, Dec. 18, 1963, 77 Stat. 412, provided for creation and funding of workstudy programs.

Section 351, Pub. L. 88-210, § 14, Dec. 18, 1963, 77 Stat. 414, authorized grants for residential vocational education schools.

Section 35m, Pub. L. 88-210, § 15, Dec. 18, 1963, 77 Stat. 415, authorized appropriations for work-study and residential schools.

Section 35n, Pub. L. 88-210, § 16, Dec. 18, 1963, 77 Stat. 415, prohibited statutory construction authorizing Federal direction, supervision, or controls of programs under sections 35 to 35n of this title.

CHAPTER 3-SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES

SUBCHAPTER I-CHARTER PROVISIONS

Sec.

41.

Incorporation of institution.

42.

Board of Regents; members.

43.

Appointment of regents; terms of office; va-
cancies.

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.

76, 76a.
76b.

Omitted.

48.

Salary and removal of Secretary and assist

ants.

49.

Statement of expenditures.

50.

Reception and arrangement of specimens
and objects of art.

76c.

50a.

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

Functions of Regents.

(a) Solicitation of construction funds.

(b) Construction of building.

(c) Name of building; supervision and

control.

Policy to foster appreciation of past and contemporary art.

(a) Solicitations of private donations.

Sec.

800.

80p.

Funding.

80h. 80i. 80j.

80k.

(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 improve-
ments, works of art, and other assets and
property of Museum of African Art to
Smithsonian Institution.

801.

80m.

80n.

Establishment of Museum of African Art;
functions.

Powers of Board.

(a) Aquisition, retention, and disposition
of property; research and education
programs.

(b) Recommendations of Commission.
Commission for the Museum of African Art.
(a) Establishment; duties.

(b) Membership.

(c) Terms of office.

(d) Quorum; vacancies.

(e) Travel, subsistence, and other ex

penses.

(f) Selection of officers; bylaws.

Director, officers, and employees; appointment, compensation, and duties.

(a) Federal funds for Museum.

(b) Authorization of appropriations.

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.

AMENDMENTS

1970-Pub. L. 91-551 authorized appointment of three additional members of the board by joint resolution of Congress.

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 44. Organization of board; expenses; gratuitous

services

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 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.)

CODIFICATION

R.S. § 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.