20 U.S.C. § 75b — Establishment of National Portrait Gallery;

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.