§ 74. — Maintenance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC74]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER II--NATIONAL GALLERY OF ART
Sec. 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
necessary 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 purposes, 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; investment of funds
The board is authorized to accept for the Smithsonian Institution
and to hold and administer gifts, bequests, or devises of money,
securities, 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 property
composing trust funds given, bequeathed, or devised to or for the
benefit of the National Gallery of Art. The income as and when collected
shall be placed in such depositaries as the board shall determine and
shall be subject to expenditure by the board.
(c) Appointment and compensation of officers and employees
The board shall appoint and fix the compensation and duties of a
director, an assistant director, a secretary, and a chief curator of the
National Gallery of Art, and of such other officers and employees of the
National Gallery of Art as may be necessary for the efficient
administration of the functions of the board. Such director, assistant
director, secretary, and chief curator shall be compensated from trust
funds available to the board for the purpose, and their appointment and
salaries shall not be subject to the civil-service laws or chapter 51
and subchapter III of chapter 53 of title 5. The director, assistant
director, secretary, and chief curator shall be well qualified by
experience and training to perform the duties of their office and the
original appointment to each such office shall be subject to the
approval of the donor.
(d) Review of actions of board
The actions of the board, including any payment made or directed to
be made by it from any trust funds, shall not be subject to review by
any officer or agency other than a court of law.
(Mar. 24, 1937, ch. 50, Sec. 4, 50 Stat. 52; Apr. 13, 1939, ch. 61, 53
Stat. 577; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat.
972.)
References in Text
The civil-service laws, referred to in subsec. (c), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Codification
In subsec. (c), ``chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ``the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
Amendments
1949--Act Oct. 28, 1949, substituted ``Classification Act of 1949''
for ``Classification Act of 1923''.
1939--Subsec. (a). Act Apr. 13, 1939, inserted in last sentence
``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''.
Repeals
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966,
Sec. 8, 80 Stat. 632, 655.
