20 U.S.C. § 50 — Reception and arrangement of specimens

Page 9 TITLE 20—EDUCATION § 50 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 execu- tive committee, and recorded by the Secretary of the board; but his service as regent shall be gratuitous. (R.S. § 5582; Pub. L. 91–551, § 1(d), Dec. 15, 1970, 84 Stat. 1440.) Editorial Notes 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 re- quired to constitute a quorum from five to eight. § 45. Special meetings of members The members of the institution may hold stat- ed 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 by-laws of the institution, at which the President, and in his absence the Vice President, shall preside. (R.S. § 5585.) Editorial Notes CODIFICATION R.S. § 5585 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat. 103. § 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 pro- ceedings, 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 assist- ants. (R.S. § 5583; Oct. 25, 1951, ch. 562, § 2(4), 65 Stat. 639.) Editorial Notes 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 need- ed in conducting current business’’. § 46a. Employment of aliens by Secretary The Secretary of the Smithsonian Institution, subject to adequate security and other inves- tigations as he may determine to be appro- priate, and subject further to a prior determina- tion by him that no qualified United States cit- izen is available for the particular position in- volved, is authorized to employ and compensate aliens in a scientific or technical capacity at au- thorized 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 of- fice of the Secretary thereof, designate and ap- point 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 du- ties imposed on the Secretary by law until the vacancy shall be filled or such inability shall cease. The said chancellor may change such des- ignation and appointment from time to time as the interests of the Institution may in his judg- ment require. (May 13, 1884, ch. 44, 23 Stat. 21.) Editorial Notes PRIOR PROVISIONS Similar prior provisions were contained in act Jan. 24, 1879, ch. 21, 20 Stat. 264. § 48. Salary and removal of Secretary and assist- ants The Secretary and his assistants shall, respec- tively, 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.) Editorial Notes 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. § 49. Omitted Editorial Notes CODIFICATION Section, act Oct. 2, 1888, ch. 1069, 25 Stat. 529, which required the Secretary of the Smithsonian Institution to submit to Congress annually a detailed statement of expenditures under appropriations for ‘‘International Exchanges,’’ ‘‘North American Ethnology,’’ and the ‘‘National Museum,’’, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 192 of House Document No. 103–7. § 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 geo- logical and mineralogical specimens belonging to the United States, which may be in the city of Washington, in whosesoever custody they Page 10 TITLE 20—EDUCATION § 50 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 clas- sified 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 appro- priately 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 prop- erty of the institution. (R.S. § 5586.) Editorial Notes CODIFICATION R.S. § 5586 derived from act Aug. 10, 1846, ch. 178, § 6, 9 Stat. 105. Statutory Notes and Related Subsidiaries LABORATORY SPACE, GAMBOA, PANAMA Pub. L. 111–11, title XV, § 15102, Mar. 30, 2009, 123 Stat. 1456, provided that: ‘‘(a) AUTHORITY TO CONSTRUCT.—The Board of Re- gents of the Smithsonian Institution is authorized to construct laboratory space to accommodate the terres- trial research program of the Smithsonian tropical re- search institute in Gamboa, Panama. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section a total of $14,000,000 for fiscal years 2009 and 2010. Such sums shall remain available until expended.’’ VERITAS ASTROPHYSICAL OBSERVATORY PROJECT; AUTHORIZATION OF CONSTRUCTION AND APPROPRIATIONS Pub. L. 108–331, Oct. 16, 2004, 118 Stat. 1281, as amend- ed by Pub. L. 110–341, § 1(2), Oct. 3, 2008, 122 Stat. 3738, provided that: ‘‘SECTION 1. AUTHORIZING BOARD OF REGENTS OF SMITHSONIAN INSTITUTION TO CARRY OUT CONSTRUCTION AND RELATED ACTIVITIES IN SUPPORT OF VERITAS ASTROPHYSICAL OB- SERVATORY PROJECT. ‘‘The Board of Regents of the Smithsonian Institu- tion is authorized to carry out construction and related activities in support of the collaborative Very Ener- getic Radiation Imaging Telescope Array System (VERITAS) project at the Fred Lawrence Whipple Ob- servatory Base Camp on Mount Hopkins, Arizona, or other similar location. ‘‘SEC. 2. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated $1,000,000 for fiscal year 2005 to carry out section 1.’’ COLLECTION AND PRESERVATION OF ARTIFACTS RELATING TO SEPTEMBER 11TH ATTACKS Pub. L. 107–117, div. B, § 701, Jan. 10, 2002, 115 Stat. 2311, provided that: ‘‘(a) IN GENERAL.—The Secretary of the Smithsonian Institution shall collect and preserve in the National Museum of American History artifacts relating to the September 11th attacks on the World Trade Center and the Pentagon. ‘‘(b) TYPES OF ARTIFACTS.—In carrying out subsection (a), the Secretary of the Smithsonian Institution shall consider collecting and preserving— ‘‘(1) pieces of the World Trade Center and the Pen- tagon; ‘‘(2) still and video images made by private individ- uals and the media; ‘‘(3) personal narratives of survivors, rescuers, and government officials; and ‘‘(4) other artifacts, recordings, and testimonials that the Secretary of the Smithsonian Institution de- termines have lasting historical significance. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to the Smithsonian Institu- tion $5,000,000 to carry out this section.’’ SMITHSONIAN ASTROPHYSICAL OBSERVATORY SUBMILLI- METER ARRAY; AUTHORIZATION OF CONSTRUCTION AND APPROPRIATIONS Pub. L. 106–383, Oct. 27, 2000, 114 Stat. 1459, provided that: ‘‘SECTION 1. FACILITY AUTHORIZED. ‘‘The Board of Regents of the Smithsonian Institu- tion is authorized to plan, design, construct, and equip laboratory, administrative, and support space to house base operations for the Smithsonian Astrophysical Ob- servatory Submillimeter Array located on Mauna Kea at Hilo, Hawaii. ‘‘SEC. 2. AUTHORIZATION OF APPROPRIATIONS. ‘‘There are authorized to be appropriated to the Board of Regents of the Smithsonian Institution to carry out this Act, $2,000,000 for fiscal year 2001, and $2,500,000 for fiscal year 2002, which shall remain avail- able until expended.’’ SMITHSONIAN INSTITUTION TRANSPORTATION PROGRAM Pub. L. 105–178, title I, § 1214(b), June 9, 1998, 112 Stat. 204, provided that: ‘‘(1) IN GENERAL.—The Secretary [of Transportation] shall allocate amounts made available by this sub- section for obligation at the discretion of the Secretary of the Smithsonian Institution, in consultation with the Secretary, to carry out projects and activities de- scribed in paragraph (2). ‘‘(2) ELIGIBLE USES.—Amounts allocated under para- graph (1) may be obligated only— ‘‘(A) for transportation-related exhibitions, exhib- its, and educational outreach programs; ‘‘(B) to enhance the care and protection of the Na- tion’s collection of transportation-related artifacts; ‘‘(C) to acquire historically significant transpor- tation-related artifacts; and ‘‘(D) to support research programs within the Smithsonian Institution that document the history and evolution of transportation, in cooperation with other museums in the United States. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $1,000,000 for each of fiscal years 1998 through 2003 to carry out this subsection. ‘‘(4) APPLICABILITY OF TITLE 23.—Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of any project or activity under this subsection shall be 100 percent and such funds shall remain available until expended.’’ NATIONAL HEALTH MUSEUM Pub. L. 105–78, title VII, Nov. 13, 1997, 111 Stat. 1524, known as the National Health Museum Development Act, which provided that the National Health Museum would be located on or near the Mall and established the National Health Museum Commission and its du- ties, was repealed, except for section 702, by Pub. L. 107–303, title III, § 303, Nov. 27, 2002, 116 Stat. 2361. Sec- tion 702 of Pub. L. 105–78 amended section 1067 of Pub. L. 103–337, set out as a note under section 176 of Title 10, Armed Forces. Page 11 TITLE 20—EDUCATION § 50 WEST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING Pub. L. 103–151, Nov. 24, 1993, 107 Stat. 1515, provided that: ‘‘SECTION 1. PLANNING, DESIGN, AND CONSTRUC- TION OF WEST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING. ‘‘The Board of Regents of the Smithsonian Institu- tion is authorized to plan, design, and construct the West Court of the National Museum of Natural History building. ‘‘SEC. 2. FUNDING. ‘‘No appropriated funds may be used to pay any ex- pense of the planning, design, and construction author- ized by section 1.’’ EAST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING Pub. L. 101–455, Oct. 24, 1990, 104 Stat. 1067, as amend- ed by Pub. L. 103–98, § 1(a), Oct. 6, 1993, 107 Stat. 1015, provided that: ‘‘SECTION 1. ADDITIONAL SPACE IN NATIONAL MU- SEUM OF NATURAL HISTORY. ‘‘The Board of Regents of the Smithsonian Institu- tion is authorized to plan, design, construct, and equip approximately 80,000 square feet of space in the East Court of the National Museum of Natural History building. ‘‘SEC. 2. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated to the Smith- sonian Institution for fiscal year 1991 and succeeding fiscal years not to exceed $30,000,000 to carry out this Act.’’ [Section 1(b) of Pub. L. 103–98 provided that: ‘‘The amendment made by subsection (a) [amending section 2 of Pub. L. 101–455, set out above] shall take effect as of October 24, 1990.’’] CHARLES MCC. MATHIAS, JR. LABORATORY FOR ENVIRONMENTAL RESEARCH Pub. L. 111–11, title XV, § 15101, Mar. 30, 2009, 123 Stat. 1456, provided that: ‘‘(a) AUTHORITY TO DESIGN AND CONSTRUCT.—The Board of Regents of the Smithsonian Institution is au- thorized to design and construct laboratory and sup- port space to accommodate the Mathias Laboratory at the Smithsonian Environmental Research Center in Edgewater, Maryland. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out this section a total of $41,000,000 for fiscal years 2009 through 2011. Such sums shall remain available until expended.’’ Pub. L. 99–617, § 1, Nov. 6, 1986, 100 Stat. 3488, provided that: ‘‘(a) CONSTRUCTION AUTHORIZATION.—The Board of Re- gents of the Smithsonian Institution is authorized to construct the Charles McC. Mathias, Jr. Laboratory for Environmental Research. ‘‘(b) LOCATION.—The Charles McC. Mathias, Jr. Lab- oratory for Environmental Research shall be located at the Smithsonian Environmental Research Center, a bu- reau of the Smithsonian Institution, located at Edgewater, Maryland. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $1,000,000 to carry out the purposes of this section. ‘‘(d) TRANSFER OF FUNDS.—Any portion of the sums appropriated to carry out the purposes of this section may be transferred to the General Services Administra- tion which, in consultation with the Smithsonian Insti- tution, is authorized to enter into contracts and take such other action, to the extent of the sums so trans- ferred to it, as may be necessary to carry out such pur- poses.’’ SMITHSONIAN ASTROPHYSICAL OBSERVATORY AND SMITHSONIAN TROPICAL RESEARCH INSTITUTE; AU- THORIZATION OF CONSTRUCTION AND APPROPRIATIONS Pub. L. 99–423, Sept. 30, 1986, 100 Stat. 963, provided: ‘‘That the Board of Regents of the Smithsonian Institu- tion is authorized to plan and construct facilities for the Smithsonian Astrophysical Observatory and the Smithsonian Tropical Research Institute. ‘‘SEC. 2. Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the Smithsonian Institution: ‘‘(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and ‘‘(b) $11,100,000 for the Smithsonian Tropical Re- search Institute. ‘‘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 con- sultation with the Smithsonian Institution, is author- ized 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.’’ FRED LAWRENCE WHIPPLE OBSERVATORY; PURCHASE OF LAND Pub. L. 98–73, Aug. 11, 1983, 97 Stat. 406, provided: ‘‘That the Smithsonian Institution is authorized to purchase land in Santa Cruz County, Arizona, for the permanent headquarters of the Fred Lawrence Whipple Observatory. ‘‘SEC. 2. Effective October 1, 1984, there is authorized to be appropriated $150,000 to carry out the purposes of this Act.’’ CONSTRUCTION OF NATIONAL MUSEUM OF AFRICAN ART, CENTER FOR EASTERN ART, AND STRUCTURES FOR RE- LATED EDUCATIONAL FACILITIES Pub. L. 97–203, June 24, 1982, 96 Stat. 129, provided: ‘‘That the Board of Regents of the Smithsonian Institu- tion is authorized to construct a building for the Na- tional Museum of African Art and a center for Eastern art together with structures for related educational ac- tivities 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 obli- gated or expended for planning, administration, and management expenses, and architectural or other con- sulting 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 dona- tions or from other non-Federal sources, a sum which, when combined with the funds so appropriated, is suffi- cient 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 Institu- tion, is authorized to enter into contracts and take such other action, to the extent of the sums so trans- ferred to it, as may be necessary to carry out such pur- poses.’’ 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 Institu- tion 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 Page 12 TITLE 20—EDUCATION § 50a Smithsonian Institution $500,000 to carry out the pur- poses 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 con- sultation with the Smithsonian Institution, is author- ized 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 CONSTRUC- TION OF MUSEUM SUPPORT FACILITIES; APPROVAL OF PLANS AND SPECIFICATIONS; SITUS; TRANSFER OF LAND; APPROPRIATIONS; CONTRACTS BY GENERAL SERVICES ADMINISTRATION Pub. L. 111–11, title XV, § 15103, Mar. 30, 2009, 123 Stat. 1456, provided that: ‘‘(a) IN GENERAL.—The Board of Regents of the Smithsonian Institution is authorized to construct a greenhouse facility at its museum support facility in Suitland, Maryland, to maintain the horticultural op- erations of, and preserve the orchid collection held in trust by, the Smithsonian Institution. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated $12,000,000 to carry out this section. Such sums shall remain available until ex- pended.’’ Pub. L. 94–98, Sept. 19, 1975, 89 Stat. 480, as amended by Pub. L. 95–569, Nov. 2, 1978, 92 Stat. 2444; Pub. L. 108–72, § 2, Aug. 15, 2003, 117 Stat. 888, provided that: ‘‘The Regents of the Smithsonian Institution are au- thorized 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 na- tional collections of scientific, historic, and artistic ob- jects, specimens, and artifacts; (2) the related docu- mentation of such collections of the Smithsonian Insti- tution; 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 Representa- tives 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 with- in the metropolitan area of Washington, District of Co- lumbia. Any Federal agency is authorized to transfer land under its jurisdiction to the Smithsonian Institu- tion for such purposes without reimbursement. ‘‘SEC. 3. There is authorized to be appropriated to the Smithsonian Institution $21,500,000 to carry out this Act (other than section 4). Any portion of the sums ap- propriated for such purposes may be transferred to the General Services Administration which, in consulta- tion 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 nec- essary to carry out such purposes. ‘‘SEC. 4. Additional space and resources for national collections held by the Smithsonian Institution. ‘‘(a) IN GENERAL.—The Board of Regents of the Smithsonian Institution may plan, design, construct, and equip additional special use storage and labora- tory space at the museum support facility of the Smithsonian Institution in Suitland, Maryland, to accommodate the care, preservation, conservation, deposit, and study of national collections held in trust by the Institution. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this sec- tion— ‘‘(1) $2,000,000 for fiscal year 2003; ‘‘(2) $10,000,000 for fiscal year 2004; and ‘‘(3) such sums as are necessary for each of fiscal years 2005 through 2008.’’ [Amendment of section 3 by Pub. L. 95–569 effective Oct. 1, 1979.] NATIONAL MUSEUM The National Museum was not created by any express statutory provision for that purpose. It was first men- tioned in an appropriation for postage for ‘‘the Na- tional Museum in the Smithsonian Institution,’’ con- tained 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 Sec- retary of State to transfer to custody of Secretary of Institution for safekeeping and exhibition in National Museum the sword of George Washington and the staff of Benjamin Franklin, presented by Samuel T. Wash- ington, and the sword of Andrew Jackson, presented by family of General Robert Armstrong. TRANSPORTATION OF PROPERTY Quartermaster-General and his officers were required to receive and transport property for National Museum by a provision of act July 5, 1884, ch. 217, 23 Stat. 107. § 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 av- erage of $25,000 annually, for the gradual forma- tion of a library composed of valuable works pertaining to all departments of human knowl- edge. (R.S. § 5587.) Editorial Notes CODIFICATION R.S. § 5587 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat. 105. Statutory Notes and Related Subsidiaries 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 Li- brary 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 Na- tional Museum, and similar institutions shall be af- forded investigators, students, etc., in the several states and territories as well as in the District of Co- lumbia. § 52. Evidence of title to site and buildings The site and lands selected for buildings for the Smithsonian Institution shall be deemed ap- propriated to the institution, and the record of the description of such site and lands, or a copy thereof, certified by the chancellor and Sec- retary of the Board of Regents, shall be received as evidence in all courts of the extent and boundaries of the lands appropriated to the in- stitution.