dreamproit/uscode huggingface dataset:
20 U.S.C. § 41 (EDUCATION)
§ 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.)
heading: Codification
text: 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R.S. § 5579, as originally enacted, constituted the President, the Vice-President, the Secretaries of State, the Treasury, War, and the Navy, the Postmaster-General, the Attorney-General, the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.
heading: Amendments
text: 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”.
heading: Short Title of 2003 Amendment
text: Pub. L. 108–72, § 1, Aug. 15, 2003, 117 Stat. 888, provided that: “This Act [enacting section 253l–8 of Title 41, Public Contracts, enacting provisions set out as notes under section 75b of this title and section 3521 of Title 5, Government Organization and Employees, and amending provisions set out as a note under section 50 of this title] may be cited as the ‘Smithsonian Facilities Authorization Act’.”
heading: Short Title of 1966 Amendment
text: 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’.”
20 U.S.C. § 42 (EDUCATION)
§ 42. Board of Regents; members
(a) The business of the Institution shall be conducted at the city of Washington by a Board of Regents, named the Regents of the Smithsonian Institution, to be composed of the Vice President, the Chief Justice of the United States, three Members of the Senate, three Members of the House of Representatives, and nine other persons, other than Members of Congress, two of whom shall be resident in the city of Washington, and seven of whom shall be inhabitants of some State, but no two of them of the same State.
(b) Notwithstanding any other provision of law, the Board of Regents of the Smithsonian Institution may modify the number of members, manner of appointment of members, or tenure of members, of the boards or commissions under the jurisdiction of the Smithsonian Institution, other than—
(1) the Board of Regents of the Smithsonian Institution; and
(2) the boards or commissions of the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, and the Woodrow Wilson International Center for Scholars.
(R.S. § 5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Pub. L. 91–551, § 1(a), Dec. 15, 1970, 84 Stat. 1439; Pub. L. 105–277, div. A, § 101(e) [title III, § 355], Oct. 21, 1998, 112 Stat. 2681–231, 2681–303.)
heading: Codification
text: R.S. § 5580 derived from acts Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871, ch. 1, 17 Stat. 1.
heading: Amendments
text: 1998—Pub. L. 105–277 designated existing provisions as subsec. (a) and added subsec. (b).
1970—Pub. L. 91–551 authorized three additional persons on the Board of Regents.
1894—Act Mar. 12, 1894, struck out “the governor of the District of Columbia” after “the Chief Justice of the United States,”.
20 U.S.C. § 43 (EDUCATION)
§ 43. Appointment of regents; terms of office; vacancies
The regents to be selected shall be appointed as follows: The Members of the Senate by the President thereof; the Members of the House by the Speaker thereof; and the nine other persons by joint resolution of the Congress. The Members of the House so appointed shall serve for the term of two years; and on every alternate fourth Wednesday of December a like number shall be appointed in the same manner to serve until the fourth Wednesday in December, in the second year succeeding their appointment. The Senators so appointed shall serve during the term for which they shall hold, without re-election, their office as Senators. Vacancies, occasioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. The regular term of service for the other nine members shall be six years; and new elections thereof shall be made by joint resolutions of Congress. Vacancies occasioned by death, resignation, or otherwise may be filled in like manner by joint resolution of Congress.
(R.S. § 5581; Pub. L. 91–551, § 1(b), (c), Dec. 15, 1970, 84 Stat. 1440.)
heading: Codification
text: R.S. § 5581 derived from act Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103.
heading: Amendments
text: 1970—Pub. L. 91–551 authorized appointment of three additional members of the board by joint resolution of Congress.
20 U.S.C. § 44 (EDUCATION)
§ 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; Pub. L. 91–551, § 1(d), Dec. 15, 1970, 84 Stat. 1440.)
heading: Codification
text: R.S. § 5582 derived from act Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103.
heading: Amendments
text: 1970—Pub. L. 91–551 increased number of members required to constitute a quorum from five to eight.
20 U.S.C. § 45 (EDUCATION)
§ 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 by-laws of the institution, at which the President, and in his absence the Vice President, shall preside.
(R.S. § 5585.)
heading: Codification
text: R.S. § 5585 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat. 103.
20 U.S.C. § 46 (EDUCATION)
§ 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.)
heading: Codification
text: R.S. § 5583 derived from act Aug. 10, 1846, ch. 178, § 7, 9 Stat. 105.
heading: Amendments
text: 1951—Act Oct. 25, 1951, inserted “until no longer needed in conducting current business”.
20 U.S.C. § 46a (EDUCATION)
§ 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.)
20 U.S.C. § 47 (EDUCATION)
§ 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.)
heading: Prior Provisions
text: Similar prior provisions were contained in act Jan. 24, 1879, ch. 21, 20 Stat. 264.
20 U.S.C. § 48 (EDUCATION)
§ 48. Salary and removal of Secretary and assistants
The Secretary and his assistants shall, respectively, 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.)
heading: Codification
text: 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.
20 U.S.C. § 49 (EDUCATION)
§ 49. Omitted
heading: Codification
text: 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.
20 U.S.C. § 50a (EDUCATION)
§ 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.)
20 U.S.C. § 51 (EDUCATION)
§ 51. Library
The Regents shall make, from the interest of the fund, an appropriation, not exceeding an average of $25,000 annually, for the gradual formation of a library composed of valuable works pertaining to all departments of human knowledge.
(R.S. § 5587.)
heading: Codification
text: R.S. § 5587 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat. 105.
heading: Public Use of Research and Study Facilities of Certain Institutions
text: 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 Library 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 National Museum, and similar institutions shall be afforded investigators, students, etc., in the several states and territories as well as in the District of Columbia.
20 U.S.C. § 52 (EDUCATION)
§ 52. Evidence of title to site and buildings
The site and lands selected for buildings for the Smithsonian Institution shall be deemed appropriated to the institution, and the record of the description of such site and lands, or a copy thereof, certified by the chancellor and Secretary of the Board of Regents, shall be received as evidence in all courts of the extent and boundaries of the lands appropriated to the institution.
(R.S. § 5588.)
heading: Codification
text: R.S. § 5588 derived from act Aug. 10, 1846, ch. 178, § 4, 9 Stat. 104.
20 U.S.C. § 53 (EDUCATION)
§ 53. Protection of property
All laws for the protection of public property in the city of Washington shall apply to, and be in force for, the protection of the lands, buildings, and other property of the Smithsonian Institution. All moneys recovered by or accruing to, the institution shall be paid into the Treasury of the United States, to the credit of the Smithsonian bequest, and separately accounted for.
(R.S. § 5589.)
heading: Codification
text: R.S. § 5589 derived from act Aug. 10, 1846, ch. 178, § 5, 9 Stat. 104.
20 U.S.C. § 53a (EDUCATION)
§ 53a. Authorization of appropriations
Appropriations are authorized for the maintenance of the Astrophysical Observatory and the making of solar observations at high altitudes; for repairs and alterations of buildings and grounds occupied by the Smithsonian Institution in the District of Columbia and elsewhere; and for preparation of manuscripts, drawings, and illustrations for publications.
(Aug. 22, 1949, ch. 494, § 2, 63 Stat. 623.)
20 U.S.C. § 54 (EDUCATION)
§ 54. Appropriation of interest
So much of the property of James Smithson as has been received in money, and paid into the Treasury of the United States, being the sum of $541,379.63, shall be lent to the United States Treasury and invested in public debt securities with maturities requested by the Smithsonian Institution bearing interest at rates determined by the Secretary of the Treasury, based upon current market yields on outstanding marketable obligations of the United States of comparable maturities, and this interest is hereby appropriated for the perpetual maintenance and support of the Smithsonian Institution; and all expenditures and appropriations to be made, from time to time, to the purposes of the Institution shall be exclusively from the accruing interest, and not from the principal of the fund. All the moneys and stocks which have been, or may hereafter be, received into the Treasury of the United States, on account of the fund bequeathed by James Smithson, are hereby pledged to refund to the Treasury of the United States the sums hereby appropriated.
(R.S. § 5590; Pub. L. 97–199, § 1, June 22, 1982, 96 Stat. 121.)
heading: Codification
text: R.S. § 5590 derived from acts Aug. 10, 1846, ch. 178, § 2, 9 Stat. 102; Feb. 5, 1867, ch. 34, § 2, 14 Stat. 391.
heading: Amendments
text: 1982—Pub. L. 97–199 substituted “and invested in public debt securities with maturities requested by the Smithsonian Institution bearing interest at rates determined by the Secretary of the Treasury, based upon current market yields on outstanding marketable obligations of the United States of comparable maturities, and this interest is hereby” for “, at 6 per centum per annum interest; and 6 per centum interest on the trust-fund and residuary legacy received into the United States Treasury, payable in half-yearly payments, on the first of January and July in each year, is”, substituted “purposes of the Institution” for “purposes of the institution”, and substituted “are hereby pledged” for “are pledged”.
heading: Effective Date of 1982 Amendment
text: Pub. L. 97–199, § 2, June 22, 1982, 96 Stat. 121, provided that: “The amendment made by the first section [amending this section] shall apply with respect to fiscal years beginning after September 30, 1982.”
20 U.S.C. § 55 (EDUCATION)
§ 55. Acceptance of other sums
The Secretary of the Treasury is authorized and directed to receive into the Treasury, on the same terms as the original bequest of James Smithson, such sums as the Regents may, from time to time, see fit to deposit, not exceeding, with the original bequest, the sum of $1,000,000. This shall not operate as a limitation on the power of the Smithsonian Institution to receive money or other property by gift, bequest, or devise, and to hold and dispose of the same in promotion of the purposes thereof.
(R.S. § 5591; Mar. 12, 1894, ch. 36, 28 Stat. 41.)
heading: Codification
text: R.S. § 5591 derived from act Feb. 5, 1867, ch. 34, § 1, 14 Stat. 391.
heading: Amendments
text: 1894—Act Mar. 12, 1894, made limitation on deposits into the Treasury inapplicable to receipt of gifts, bequests and devises and dispositions of money or other property.
20 U.S.C. § 56 (EDUCATION)
§ 56. Disposal of unappropriated money
The Regents are authorized to make such disposal of any other moneys which have accrued, or shall hereafter accrue, as interest upon the Smithsonian fund, not herein appropriated, or not required for the purposes herein provided, as they shall deem best suited for the promotion of the purpose of the testator.
(R.S. § 5592.)
heading: Codification
text: R.S. § 5592 derived from act Aug. 10, 1846, ch. 178, § 9, 9 Stat. 105.
20 U.S.C. § 57 (EDUCATION)
§ 57. Disbursements
Whenever money is required for the payment of the debts or performance of the contracts of the institution, incurred or entered into in conformity with the provisions of sections 41 to 46, 48, 50, 51 to 53, 54 to 57, and 67 of this title, or for making the purchases and executing the objects authorized by said sections, the Board of Regents, or the executive committee thereof, may certify to the chancellor and secretary of the board that such sum of money is required, whereupon they shall examine the same, and, if they shall approve thereof, shall certify the same to the proper officer of the Treasury for payment. The board shall submit to Congress, at each session thereof, a report of the operations, expenditures, and condition of the institution.
(R.S. § 5593.)
heading: Codification
text: R.S. § 5593 derived from act Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in this section relating to submitting a report to Congress at each session of Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 192 of House Document No. 103–7.
20 U.S.C. § 58 (EDUCATION)
§ 58. Omitted
heading: Codification
text: Section, act Mar. 3, 1899, ch. 424, § 1, 30 Stat. 1085, which required that the salaries of officers and employees paid from appropriations under the Smithsonian Institution be reported to Congress annually, 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.
20 U.S.C. § 60 (EDUCATION)
§ 60. Army articles furnished to National Museum
The Secretary of the Army is authorized to furnish to the National Museum, for exhibition, upon request therefor by the administrative head thereof, such articles of arms, materiel, equipment, or clothing as have been issued from time to time to the United States Army, or which have been or may hereafter be produced for the United States Army, and which are objects of general interest or of foreign or curious research, provided that such articles can be spared.
(Mar. 4, 1921, ch. 166, § 1, 41 Stat. 1438; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Oct. 31, 1951, ch. 654, § 3(4), 65 Stat. 708.)
heading: Amendments
text: 1951—Act Oct. 31, 1951, struck out “are surplus or” after “articles”.
heading: Change of Name
text: Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
heading: Secretary of Air Force
text: For transfer of certain personal property and personal property functions, insofar as they pertain to the Air Force, from Secretary of the Army to Secretary of the Air Force, see Secretary of Defense Transfer Order No. 39 [§ 2vv], eff. May 18, 1949.
20 U.S.C. § 61 to 64 (EDUCATION)
§§ 61 to 64. Repealed. Oct. 31, 1951, ch. 654, § 1(37)–(40), 65 Stat. 702
text: Section 61, act Mar. 3, 1879, ch. 182, § 1, 20 Stat. 397, required archives, records and materials relating to Indians of North America to be turned over from Geographical and Geological Survey to Smithsonian Institution for purposes of completion of collection of information and its publication.
text: Section 62, act Aug. 1, 1914, ch. 223, § 1, 38 Stat. 661, authorized Secretary of Commerce to transfer instruments of historical value of the Coast and Geodetic Survey [the National Ocean Survey] to Smithsonian Institution.
text: Section 63, act June 5, 1920, ch. 235, § 1, 41 Stat. 930, related to transfer, by Secretary of Commerce, of Coast and Geodetic Survey [the National Ocean Survey] instruments of historical value, to educational institutions and museums.
text: Section 64, act Mar. 3, 1883, ch. 143, 22 Stat. 629, related to distribution of specimens of National Museum and Bureau of Fisheries to schools and colleges.
20 U.S.C. § 65 (EDUCATION)
§ 65. Repealed. Pub. L. 89–674, § 3, Oct. 15, 1966, 80 Stat. 953
text: Section, act July 7, 1884, ch. 332, 23 Stat. 214, required Director of National Museum to report annually to Congress on progress of the Museum during the year and its present condition. See section 65a of this title.
20 U.S.C. § 66 (EDUCATION)
§ 66. Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(19), 63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583
text: Section, act Mar. 3, 1915, ch. 75, § 1, 38 Stat. 839, related to exchange of typewriters and adding machines.
20 U.S.C. § 67 (EDUCATION)
§ 67. Right of repeal
Congress may alter, amend, add to, or repeal any of the provisions of sections 41 to 46, 48, 50, 51 to 53, and 54 to 57, of this title; but no contract or individual right made or acquired under such provisions shall be thereby divested or impaired.
(R.S. § 5594.)
heading: Codification
text: R.S. § 5594 derived from act Aug. 10, 1846, ch. 178, § 11, 9 Stat. 106.