20 U.S.C. § 71a — Additions; payment of construction costs

Page 17 TITLE 20—EDUCATION § 71a designated as the National Collection of Fine Arts by section 6(c) of the joint resolution entitled ‘Joint Reso- lution providing for the construction and maintenance of a National Gallery of Art’, approved March 24, 1937 (20 U.S.C. 71 note), shall be known as the ‘National Mu- seum of American Art’. ‘‘SEC. 3. Any reference in any law, regulation, docu- ment, or paper to the National Collection of Fine Arts or the Museum of History and Technology shall on and after the effective date of this Act [Oct. 13, 1980] be con- sidered to be a reference to the National Museum of American Art and the National Museum of American History, respectively. ‘‘SEC. 4. This Act shall take effect on the day after the date of the enactment of this Act [Oct. 13, 1980].’’ Act Mar. 24, 1937, ch. 50, 50 Stat. 51, sections 1 to 5 of which are incorporated as sections 71, 72 to 74, and 75 of this title, provided in section 6(c) that: ‘‘The existing bureau of the Smithsonian Institution now designated as a national gallery of art shall hereafter be known as the National Collection of Fine Arts.’’ GENERAL POST OFFICE BUILDING; TRANSFER TO SMITH- SONIAN INSTITUTION FOR USE AS ART GALLERIES; RE- LOCATION OF UNITED STATES INTERNATIONAL TRADE COMMISSION Pub. L. 98–523, Oct. 19, 1984, 98 Stat. 2433, provided: ‘‘That at such time as it is declared to be excess prop- erty pursuant to section 2(d) of this Act, the Adminis- trator of General Services (hereinafter in this Act re- ferred to as the ‘Administrator’) is authorized to trans- fer to the Smithsonian Institution, in accordance with section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) [now 40 U.S.C. 521–527, 529], without reimbursement, and for use by the Smithsonian Institution for certain art galleries and related functions, the General Post Office Building with any attached underground structures and the site of such building, located between Seventh and Eighth Streets Northwest and E and F Streets Northwest, in the District of Columbia. ‘‘SEC. 2. (a) The Administrator, at the earliest prac- ticable date, shall relocate all operations of the United States International Trade Commission (hereinafter in this Act referred to as the ‘Commission’) to a building in downtown Washington, District of Columbia. The Administrator’s determination as to such relocation shall be based on studies and investigations in which the Chairman of the Commission shall have full oppor- tunity to consult and cooperate with the Adminis- trator. Such consultation shall include opportunity for the Chairman to participate jointly with the Adminis- trator in surveys of available buildings and to submit views and recommendations to the Administrator with respect to space suitable for the Commission’s oper- ations. The Administrator shall advise the Chairman in writing of the building to which the operations of the Commission are to be relocated. The Administrator’s determination of such relocation shall not take effect for a period of at least sixty days after the date such determination is made and the Chairman is advised of the building to which the operations of the Commission are to be relocated. In the event the Chairman dis- agrees with the Administrator’s determination of such relocation, the Chairman, within thirty days after the Chairman is advised of the building to which the oper- ations of the Commission are to be relocated, may make a written request for review of such determina- tion to the Administrator, and the Administrator shall conduct a formal review of such determination. ‘‘(b) The Administrator and the Chairman shall each report separately in writing to the Committees on En- vironment and Public Works, Finance, Rules and Ad- ministration, and Governmental Affairs [now Com- mittee on Homeland Security and Governmental Af- fairs] of the Senate and to the Committees on Public Works and Transportation, Ways and Means, House Ad- ministration, and Government Operations [now Com- mittee on Oversight and Accountability] of the House of Representatives not later than sixty days after the date of enactment of this Act [Oct. 19, 1984] and every thirty days thereafter on the status of the relocation required by this section. ‘‘(c) During the period in which the Commission and the United States Postal Service continue to occupy the General Post Office Building referred to in the first section of this Act, the Administrator shall maintain such building in order to prevent its deterioration and to assure that conditions therein are safe and the build- ing is presentable and suitable to the normal oper- ations of the Commission and such Service. ‘‘(d) Upon accomplishment of the relocation required by subsection (a) of this section, the Administrator shall declare the property referred to in the first sec- tion of this Act to be excess property as defined in sec- tion 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472) [now 40 U.S.C. 102]. ‘‘SEC. 3. There is authorized to be appropriated to the Board of Regents of the Smithsonian Institution $40,000,000 for fiscal years beginning after September 30, 1984, for renovation and repair, after the transfer made under the first section of this Act, of the General Post Office Building referred to in such section. Any portion of the sums appropriated under this section 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 ren- ovation and repair. No contract for such renovation or repair shall be advertised or entered into before the end of the period of thirty days of continuous session of Congress beginning on the date the Smithsonian Insti- tution submits to the Committees on Public Works and Transportation and House Administration of the House of Representatives and the Committees on Environ- ment and Public Works and Rules and Administration of the Senate the plans and advanced engineering and design for such renovation and repair. For purposes of this section, continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an ad- journment of more than three days to a day certain are excluded in the computation of any period of time in which Congress is in continuous session.’’ § 71a. Additions; payment of construction costs from trust funds The Trustees of the National Gallery of Art are authorized to construct within the area re- served as a site for future additions by the third sentence of section 71 of this title one or more buildings to serve as additions to the National Gallery of Art. The cost of constructing any such building shall be paid from trust funds ad- ministered by such Trustees. The plans and specifications for any such building shall be ap- proved by the Commission of Fine Arts and the National Capital Planning Commission. (Pub. L. 90–376, § 1, July 5, 1968, 82 Stat. 286.) Editorial Notes CODIFICATION Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50 Stat. 51, which comprises this subchapter. Statutory Notes and Related Subsidiaries TRANSFER OF JURISDICTION Pub. L. 90–376, § 4, July 5, 1968, 82 Stat. 286, provided that: ‘‘The Commissioner [Mayor] of the District of Co- lumbia is authorized to transfer to the United States such jurisdiction as the District of Columbia may have over any of the property within the area referred to in the first section of this Act [this section].’’ Page 18 TITLE 20—EDUCATION § 71b PUBLIC UTILITY: PAYMENT OF COST OF RELOCATION OR PROTECTION FROM TRUST FUNDS Pub. L. 90–376, § 5, July 5, 1968, 82 Stat. 286, provided that: ‘‘If any public utility (whether privately or pub- licly owned) located within the area referred to in the first section of this Act [this section] is required to be relocated or protected by reason of the construction within such area of any addition to the National Gal- lery of Art, the cost of such relocation or protection shall be paid from trust funds administered by the Trustees of the National Gallery of Art.’’ § 71b. Status of completed addition Any building constructed under authority of section 71a of this title shall, upon completion, be a part of the National Gallery of Art. (Pub. L. 90–376, § 2, July 5, 1968, 82 Stat. 286.) Editorial Notes CODIFICATION Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50 Stat. 51, which comprises this subchapter. § 72. Board of Trustees (a) Establishment There is established in the Smithsonian Insti- tution a bureau, which shall be directed by a board to be known as the Trustees of the Na- tional Gallery of Art, whose duty it shall be to maintain and administer the National Gallery of Art and site thereof and to execute such other functions as are vested in the board by this sub- chapter. The board shall be composed as follows: The Chief Justice of the United States, the Sec- retary of State, the Secretary of the Treasury, and the Secretary of the Smithsonian Institu- tion, ex officio; and five general trustees who shall be citizens of the United States, to be cho- sen as hereinafter provided. No officer or em- ployee of the Federal Government shall be eligi- ble to be chosen as a general trustee. (b) Method of selection; term of office The general trustees first taking office shall be chosen by the Board of Regents of the Smith- sonian Institution, subject to the approval of the donor, and shall have terms expiring one each on July 1 of 1939, 1941, 1943, 1945, and 1947, as designated by the Board of Regents. A suc- cessor shall be chosen by a majority vote of the general trustees and shall have a term expiring ten years from the date of the expiration of the term for which his predecessor was chosen, ex- cept that a successor chosen to fill a vacancy oc- curring prior to the expiration of such term shall be chosen only for the remainder of such term. (Mar. 24, 1937, ch. 50, § 2, 50 Stat. 52.) Statutory Notes and Related Subsidiaries DELEGATION OF FUNCTIONS BY SECRETARY OF STATE TO DIRECTOR OF UNITED STATES INFORMATION AGENCY Pub. L. 95–426, title II, § 205, Oct. 7, 1978, 92 Stat. 975, as amended by Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291, provided that: ‘‘The Secretary of State may delegate to the Director of the United States Information Agency, with the consent of the Di- rector, the functions vested in the Secretary by section 2(a) of the joint resolution entitled ‘Joint Resolution providing for the construction and maintenance of a National Gallery of Art’, approved March 24, 1937 (20 U.S.C. 72(a)).’’ [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] § 73. Acceptance of gift from A. W. Mellon Upon completion of the National Gallery of Art, the board shall accept for the Smithsonian Institution as a gift from the donor a collection of works of art which shall be housed and exhib- ited in the National Gallery of Art. (Mar. 24, 1937, ch. 50, § 3, 50 Stat. 52.) § 74. Maintenance (a) Pledge of funds for upkeep; authorization of appropriations The faith of the United States is pledged that, on completion of the National Gallery of Art by the donor in accordance with the terms of this subchapter and the acquisition from the donor of the collection of works of art, the United States will provide such funds as may be nec- essary for the upkeep of the National Gallery of Art and the administrative expenses and costs of operation thereof, including the protection and care of works of art acquired by the board, so that the National Gallery of Art shall be at all times properly maintained and the works of art contained therein shall be exhibited regularly to the general public free of charge. For these pur- poses, and to provide, prior to the completion of the National Gallery of Art, for the protection and care of the works of art in said Gallery and for administrative and operating expenses and equipment preparatory to the opening of the Gallery to the public, there are authorized to be appropriated such sums as may be necessary. (b) Acceptance of gifts and other property; in- vestment of funds The board is authorized to accept for the Smithsonian Institution and to hold and admin- ister gifts, bequests, or devises of money, securi- ties, or other property of whatsoever character for the benefit of the National Gallery of Art. Unless otherwise restricted by the terms of the gift, bequest, or devise, the board is authorized to sell or exchange and to invest or reinvest in such investments as it may determine from time to time the moneys, securities, or other prop- erty composing trust funds given, bequeathed, or devised to or for the benefit of the National Gallery of Art. The income as and when col- lected shall be placed in such depositaries as the board shall determine and shall be subject to ex- penditure by the board. (c) Appointment and compensation of officers and employees The board shall appoint and fix the compensa- tion and duties of a director, an assistant direc- tor, a secretary, and a chief curator of the Na- tional Gallery of Art, and of such other officers and employees of the National Gallery of Art as may be necessary for the efficient administra- tion of the functions of the board. Such director,