20 U.S.C. § 75e — Powers of Board

Page 20 TITLE 20—EDUCATION § 75b (Pub. L. 87–443, § 2, Apr. 27, 1962, 76 Stat. 62; Pub. L. 94–209, Feb. 5, 1976, 90 Stat. 30.) Editorial Notes 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’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 87–443, § 1, Apr. 27, 1962, 76 Stat. 62, provided: ‘‘That this Act [enacting this subchapter] may be cited as the ‘National Portrait Gallery Act’.’’ § 75b. Establishment of National Portrait Gallery; functions (a) There is established in the Smithsonian In- stitution a bureau which shall be known as the National Portrait Gallery. The functions of such bureau shall be those authorized by this sub- chapter. 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 portrai- ture and statuary depicting men and women who have made significant contributions to the his- tory, development, and culture of the people of the United States and of the artists who created such portraiture and statuary. (Pub. L. 87–443, § 3, Apr. 27, 1962, 76 Stat. 62.) Editorial Notes 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. Statutory Notes and Related Subsidiaries PATENT OFFICE BUILDING IMPROVEMENTS Pub. L. 108–72, § 3, Aug. 15, 2003, 117 Stat. 888, provided that: ‘‘(a) AUTHORIZATION OF USE OF FUNDS.— ‘‘(1) IN GENERAL.—The Board of Regents of the Smithsonian Institution may plan, design, and con- struct improvements to the interior and exterior of the Patent Office Building (including the construc- tion of a roof covering for the courtyard), using funds available to the Institution from nonappropriated sources. ‘‘(2) DEFINITION.—In this section, the term ‘Patent Office Building’ means the building transferred to the Smithsonian Institution pursuant to Public Law 85–357 [72 Stat. 68]. ‘‘(b) DESIGN AND SPECIFICATIONS.—The design and specifications for any exterior alterations authorized by subsection (a) shall be— ‘‘(1) submitted by the Secretary of the Smithsonian Institution (referred to in this section as the ‘Sec- retary’) to the Commission of Fine Arts for com- ments and recommendations; and ‘‘(2) subject to the review and approval of the Na- tional Capital Planning Commission in accordance with section 8722 of title 40, United States Code, and section 16 of the Act of June 20, 1938 (sec. 6–641.15, D.C. Official Code). ‘‘(c) AUTHORITY OF HISTORIC PRESERVATION AGEN- CIES.— ‘‘(1) IN GENERAL.—The Secretary shall— ‘‘(A) take into account the effect of the improve- ments authorized by subsection (a) on the historic character of the Patent Office Building; and ‘‘(B) provide the Advisory Council on Historic Preservation a reasonable opportunity to comment with regard to such improvements. ‘‘(2) STATUS OF SMITHSONIAN.—In carrying out this subsection, and in carrying out other projects in the District of Columbia which are subject to the review and approval of the National Capital Planning Com- mission in accordance with section 16 of the Act of June 20, 1938 (sec. 6–641.15, D.C. Official Code), the Smithsonian Institution shall be deemed to be an agency for purposes of compliance with regulations promulgated by the Advisory Council on Historic Preservation pursuant to section 106 of the National Historic Preservation Act ([former] 16 U.S.C. 470f) [see 54 U.S.C. 306108].’’ § 75c. Creation of National Portrait Gallery Com- mission; members; functions; powers There is created the National Portrait Gallery Commission. The number, manner of appoint- ment and tenure of the members of the Commis- sion 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 regula- tions for the conduct of the affairs of the Com- mission 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. (Pub. L. 87–443, § 4, Apr. 27, 1962, 76 Stat. 62.) § 75d. Acceptance of gifts; title to property (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 Smithso- nian Institution. Subject to any limitations oth- erwise expressly provided by law, and, in the case of any gift, subject to any applicable re- strictions under the terms of such gift, the Board is authorized to sell, exchange, or other- wise dispose of any property of whatsoever na- ture held by it, and to invest in, reinvest in, or purchase any property of whatsoever nature for the benefit of the National Portrait Gallery. (Pub. L. 87–443, § 5, Apr. 27, 1962, 76 Stat. 62.) § 75e. Powers of Board For the purpose of carrying out any function authorized by section 75b of this title, the Board may— (1) purchase, accept, borrow, or otherwise ac- quire 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 in- dividual to which it relates, or any combina- tion of any such factors. The Board may ac- quire period furniture and other items to en- hance its displays of portraiture and statuary. Page 21 TITLE 20—EDUCATION § 76c (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 other- wise dispose of any such item. (Pub. L. 87–443, § 6, Apr. 27, 1962, 76 Stat. 63.) § 75f. Director; appointment and compensation; officers and employees (a) The Board may appoint and fix the com- pensation and duties of a director of the Gallery, and his appointment and salary shall not be sub- ject 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 adminis- tration, operation, and maintenance of the Gal- lery. (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. (Pub. L. 87–443, § 7, Apr. 27, 1962, 76 Stat. 63.) Editorial Notes CODIFICATION In subsec. (a), ‘‘chapter 51 and subchapter III of chap- ter 53 of title 5’’ substituted for ‘‘the Classification Act of 1949, as amended’’ on authority of Pub. L. 89–554, § 7(b) Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employ- ees. § 75g. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this subchapter. (Pub. L. 87–443, § 8, Apr. 27, 1962, 76 Stat. 63.) SUBCHAPTER IV—SMITHSONIAN GALLERY OF ART §§ 76, 76a. Omitted Editorial Notes CODIFICATION Section 76, act May 17, 1938, ch. 238, § 1, 52 Stat. 399, directed National Capital Park and Planning Commis- sion 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, § 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. § 76b. Functions of Regents (a) Solicitation of construction funds The Regents are authorized to solicit and re- ceive subscriptions of funds from private sources for the purposes specified in this subsection. Funds so received shall be placed in a special de- posit account with the Treasurer of the United States, and may be expended by the Regents to meet the cost of the construction of the build- ing, including furnishings and equipment there- of, to obtain necessary drawings and specifica- tions, 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, includ- ing 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 Smith- sonian Gallery of Art (hereinafter referred to as the ‘‘Gallery’’), and it shall be under the super- vision and control of the Regents and the Sec- retary of the Smithsonian Institution. (May 17, 1938, ch. 238, § 3, 52 Stat. 400; 1939 Reorg. Plan No. I, §§ 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agen- cies thereof, together with functions of Federal Works Administrator, transferred to Administrator of General Services, and Federal Works Agency and office of Fed- eral Works Administrator abolished by section 103 of act June 30, 1949. See Historical and Revision Notes under section 303(b) of Title 40, Public Buildings, Prop- erty, and Works. Section 303(b) of Title 40 was amended generally by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40. Executive Documents TRANSFER OF FUNCTIONS Functions of Director of Procurement relating to se- lection of location and sites of public buildings trans- ferred to Federal Works Administrator by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Govern- ment Organization and Employees. § 76c. Policy to foster appreciation of past and contemporary art (a) Solicitations of private donations It shall be the policy of the Regents to main- tain a worthy standard for the acceptance of art objects for exhibition in the Gallery, and to fos- ter 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 do- nations 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 scholar- ships, etc. In order to encourage the development of con- temporary art and to effect the widest distribu-