§ 77. — National Air and Space Museum.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC77]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER VII--NATIONAL AIR AND SPACE MUSEUM
Sec. 77. National Air and Space Museum
(a) Establishment; board; administration; reimbursement of expenses
There is hereby established under the Smithsonian Institution a
bureau to be known as a National Air and Space Museum, which shall be
administered by the Smithsonian Institution with the advice of a board
to be composed of the Chief of Staff of the Air Force, or his designee,
the Chief of Naval Operations, or his designee, the Chief of Staff of
the Army, or his designee, the Commandant of the Marine Corps, or his
designee, the Commandant of the Coast Guard, or his designee, the
Administrator of the National Aeronautics and Space Administration, or
his designee, the Administrator of the Federal Aviation Administration,
or his designee, the Secretary of the Smithsonian Institution, and three
citizens of the United States appointed by the President from civilian
life who shall serve at the pleasure of the President. The members of
the board shall serve as such members without compensation but shall be
reimbursed for travel, subsistence, and other necessary expenses
incurred by them in the performance of their duties as members of the
board.
(b) Appointment and compensation of head of museum
The Secretary of the Smithsonian Institution, with the advice of the
board, may appoint and fix the compensation and duties of the head of a
national air and space museum whose appointment shall not be subject to
the civil service laws.
(Aug. 12, 1946, ch. 955, Sec. 1, 60 Stat. 997; July 26, 1947, ch. 343,
title II, Sec. 208(b), 61 Stat. 503; Pub. L. 89-509, pt. I, Secs. 2, 3,
July 19, 1966, 80 Stat. 310; Pub. L. 89-670, Secs. 3(e), 6(c)(1), Oct.
15, 1966, 80 Stat. 932, 938.)
References in Text
The civil service laws, referred to in subsec. (b), are set out in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Amendments
1966--Subsec. (a). Pub. L. 89-509, Sec. 2, changed the name of the
museum from the National Air Museum to the National Air and Space
Museum, expanded the advisory board to include additional members
including the Chief of Staff of the Army, the Commandant of the Marine
Corps, the Commandant of the Coast Guard, the Administrator of the
National Aeronautics and Space Administration, the Administrator of the
Federal Aviation Agency, and an additional member appointed from
civilian life to serve at the pleasure of the President, and provided
for reimbursement for travel, subsistence, and other necessary expenses
incurred by them in the performance of their duties as members of the
Board.
Subsec. (b). Pub. L. 89-509, Sec. 3, substituted ``national air and
space museum'' for ``national air museum'' and struck out provision that
the salary of the head of the museum shall not be subject to the
Classification Act of 1923, as amended.
Short Title of 1966 Amendment
Section 1 of Pub. L. 89-509 provided: ``That this Act [amending this
section, sections 77a, 77c, and 77d of this title, and provisions set
out as notes under this section and sections 77b and 77d of this title,
and repealing section 77b of this title] may be cited as `the National
Air Museum Amendments Act of 1965'.''
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
``Chief of Staff of the Air Force'' substituted in subsec. (a) for
``Commanding General of the Army Air Forces'' pursuant to act July 26,
1947, ch. 343, title II, Sec. 208(b), 61 Stat. 503, which transferred
functions of Commanding General of the Army Air Forces to Chief of
Staff, United States Air Force. Section 208(b) of act July 26, 1947 was
repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641.
See sections 8031 and 8034 of Title 10, Armed Forces.
``Federal Aviation Administration'' substituted in subsec. (a) for
``Federal Aviation Agency'' pursuant to Pub. L. 89-670, Secs. 3(e),
6(c)(1), Oct. 15, 1966, 80 Stat. 932, 938, which transferred all
functions, powers, and duties of Federal Aviation Agency and of
Administrator and other offices and officers thereof to Secretary of
Transportation and established a Federal Aviation Administration in
Department of Transportation. See section 106 of Title 49,
Transportation.
Appropriations
Section 6 of act Aug. 12, 1946, as amended by section 10 of Pub. L.
89-509, provided that: ``There is hereby authorized to be appropriated
the sum of $50,000 for the purposes of this Act [this subchapter] and
there are hereby authorized to be appropriated annually hereafter such
sums as may be necessary to maintain and administer said national air
and space museum including salaries and all other necessary expenses.''
Construction of Museum Center
Pub. L. 104-222, Oct. 1, 1996, 110 Stat. 3025, provided that:
``SECTION 1. CONSTRUCTION OF MUSEUM CENTER.
``The Board of Regents of the Smithsonian Institution is authorized
to construct the Smithsonian Institution National Air and Space Museum
Dulles Center at Washington Dulles International Airport.
``SEC. 2. LIMITATION ON USE OF FUNDS.
``No appropriated funds may be used to pay any expense of the
construction authorized by section 1.''
Extension at Washington Dulles International Airport
Pub. L. 103-57, Aug. 2, 1993, 107 Stat. 279, provided that:
``SECTION 1. PLAN FOR NATIONAL AIR AND SPACE MUSEUM EXTENSION.
``The Board of Regents of the Smithsonian Institution shall have
authority to plan and design an extension of the National Air and Space
Museum at Washington Dulles International Airport.
``SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated for fiscal years beginning
after September 30, 1993, a total of $8,000,000 to carry out this Act.''
Ratification of Compensation Paid Head of Museum
Section 11 of Pub. L. 89-509 provided that: ``Payments of
compensation heretofore made to the head of the National Air Museum at
rates fixed by the Secretary of the Smithsonian Institution without
regard to the Classification Act of 1949, as amended [chapter 51 and
subchapter III of chapter 53 of Title 5, Government Organization and
Employees] are hereby ratified and affirmed.''
