20 U.S.C. § 74 — Maintenance

submitted 89 years ago by ch. 50 to r/title-20-EDUCATION · 508 words · no verdicts yet

in plain englishAI-generated · not legal advice

The U.S. promises to fund the upkeep, staffing, and free public operation of the National Gallery of Art once it's built and the donor's art collection is acquired. The board that runs it can also accept and invest gifts of money or property for the Gallery's benefit, and hire its own director and top staff outside normal civil-service rules. Courts, not other officials, review the board's decisions about trust money.

(a) Pledge of funds for upkeep; authorization of appropriations: The United States promises that once the donor finishes building the National Gallery of Art and the collection of artwork is acquired from the donor, the government will provide whatever funds are needed to keep the Gallery running. This covers upkeep, administrative costs, and operating expenses, including protecting and caring for the artworks the board acquires. The goal is that the Gallery stays properly maintained at all times and that its art is shown to the public regularly, free of charge. Congress is authorized to appropriate whatever sums are necessary for this, and also to fund protection, care, and preparation of the Gallery even before it opens. (b) Acceptance of gifts and other property; investment of funds: The board may accept, hold, and manage gifts, bequests, or devises of money, securities, or any other kind of property for the Smithsonian Institution, for the Gallery's benefit. Unless a gift comes with its own restrictions, the board can sell, exchange, invest, or reinvest this trust property as it sees fit. Any income earned gets deposited where the board decides and can be spent by the board. (c) Appointment and compensation of officers and employees: The board hires and sets the pay and duties of a director, assistant director, secretary, and chief curator, plus any other staff needed to run the Gallery efficiently. These top positions are paid from the board's trust funds, not government appropriations, and are not subject to ordinary civil-service hiring rules. These four officials must be well qualified by experience and training, and the donor must approve who is first appointed to each of these offices. (d) Review of actions of board: No officer or agency other than a court of law may review the board's actions — including any payment the board makes or directs from trust funds.

the actual law source: uscode.house.gov ↗public domain

(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.

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.

Source credit: (Mar. 24, 1937, ch. 50, § 4, 50 Stat. 52; Apr. 13, 1939, ch. 61, 53 Stat. 577; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972.)

history & why it existsrecord from the source credit

1937Enacted · Act of Mar. 24, 1937, ch. 50 · 50 Stat. 52
1939Amended · Act of Apr. 13, 1939, ch. 61 · 53 Stat. 577
1949Amended · Act of Oct. 28, 1949, ch. 782 · 63 Stat. 972

A history note hasn’t been published yet. The record shows enactment by ch. 50 on 1937-03-24.

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