APPROPRIATION LANGUAGE AND CITATIONS

20

U.S.C. 41 provides fortheestablishment and operationofthe Smithsonian Institution "...for theincrease

and

diffusion ofknowledge.^.." This section delineates the full scope of Smithsonian authority.

Examples

of secondary authorities withinthis primary authority

may be

cited as follows:

Appropriation: ^Salaries

and Expenses

1.

For

necessary expenses ofthe SmithsonianInstitution, as authorized

by

law, including research in the fieldsofart, science,

and

history;

70

TT S

C ^SO

^{5^a} 69, 75b, 76hh, 77a

;

78

80a

80m

_provide that (1) "...all objects of art

and

offoreign

and

curiousresearch,

and

all objects ofnatural history, plants,

and

geological

and

mineralogical specimens...shall be so arranged

and

classified...as best to facilitatethe examination

and

study ofthem..." (2) "Appropriations are authorized for...the

making

ofsolarobservations athigh altitudes..

.

" (3)

"The

Secretary ofthe Smithsonian Institution ishereby authorized... to continue independently orin cooperation anthropological researches

among

the

American

Indians

and

the natives oflands underthe jurisdiction orprotection ofthe United States.^.

.

" (4)

"The

Gallery shall function as a free public

museum

forthe exhibition

and

study ofportraiture

and

statuary depicting

men and

women who have made

significantcontributions tothe history, development,

and

culture ofthepeople ofthe United States

and

ofthe artists

who

created suchportraiture and statuary." (5)

"The

Joseph

H.

Hirshhorn

Museum and

Sculpture Garden...shall

be

used for the storage, exhibition,

and

study of

works

ofart..." (6)

"The

national air

and

space

museum

shall...provide educational material for the historical study ofaviation

and

space flight." (7)

"The

Secretary ofthe Smithsonian Institution isauthorized to cooperatewith

any

State, educational institution, orscientific organization in the United States for continuing paleontological investigations..." (8) "It shall

be

equipped with a study center for scholarly research intothe

meaning

of war, itseffect

on

civilization,

and

the role of the

Armed

Forces..." ₍₉₎ "...the

Board

may... conduct

programs

ofresearch

and

education (inthe

Museum

of African Art)..

.

"

2. development, preservation,

and

documentation ofthe National Collections;

20

U.S.

C

50, 50a, 59, 69, 75e, 76c, 76cc(a), 77a, 80a,

80m,

81 providethat (1) "...all objects ofart

and

offoreign

and

curious research,

and

allobjects ofnatural history, plants,

and

geological

and

mineralogical specimens...shall

be

delivered to such persons as

may be

authorized

by

the

Board

ofRegents to receive them,

and

shall

be

so arranged and

classified...as best to facilitatethe examination

and

study ofthem..." (2)

"The

Smithsonian Institution is authorized to include in its estimates ofappropriations such

sums

as

may

be needful for the preservation

and

maintenance ofthe

John

Gellatly art collection." (3) "All collections ofrocks, minerals, soils, fossils,

and

objects ofnatural history, archaeology,

and

ethnology...

when no

longer needed forinvestigations in progress shall be deposited in the National

Museum."

(4)

"The

Secretary ofthe

Smithsonian Institution is hereby authorized... to continue independently orin

cooperation...the excavation andpreservation ofarchaeological remains." (5) "...the

Board may

^- (1)purchase, accept, borrow, or otherwise acquireportraiture, statuary, and otheritems for preservation, exhibition, or study." (6) "...the Regentsare authorized... to acquire (bypurchase or otherwise) and sellcontemporary

works

ofartorcopies

thereof.. .

" (7) "There is established in the Smithsonian Institution a

Board

of

Trustees...

which

shall havethe sole authority (i) topurchase or otherwise acquire...

works

ofart for the Joseph

H. Hirshhom Museum and

Sculpture Garden..." (8)

"The

nationalair

and

space

museum

shall... collect, preserve, and display aeronautical

and

spaceflight

equipment ofhistorical interest and significance..." (9) "...the SmithsonianInstitution shall collect, preserve, and exhibit military objects ofhistorical interest

and

significance."

(10)

"The

National Zoological Park ^isplaced under the direction ofthe Regents ofthe Smithsonian Institution,

who

are authorized to transfer to ^it any living specimens, whether of animals orplants, in their charge, to acceptgifts for thepark.^..to

make

exchanges of specimens..." (11) "...the

Board may

purchase, accept,

borrow

or otherwise acquire additional

works

ofart orany other real or personal property forthe

Museum

^(ofAfrican

Art); preserve, maintain, restore...or otherwise hold any property of whatsoevernature acquired..

.

"

3. presentation ofpublic exhibits and performances;

?0

TT S

C

^75h, 2fic,

76hh

; 77a, 80a,

80m

providethat (1)

"The

Gallery shall functionas a freepublic

museum

forthe exhibitionand study ofportraiture and statuary..." (2) "In orderto encourage the development of contemporary artand to effect the widest

distribution and cultivation in mattersof such art, the Regents are authorized to...conduct exhibitions..." ₍₃₎

"The

Joseph

H.

Hirshhorn

Museum

and Sculpture Garden...shallbe used ^forthe storage, exhibition, and study of

works

ofart.^.

.

" (4)

"The

nationalairand space

museum

shall...collect, preserve, and display aeronautical

and

spaceflight

equipment ofhistorical interest and significance..." ₍₅₎ "...the Smithsonian Institution shall collect, preserve, and exhibit military objects ofhistorical interest and significance.

"

(6) "...the

Board

may...display...anyproperty ofwhatsoever natureacquired (forthe

Museum

ofAfrican Art)^..."

4. collection, preparation, dissemination, and exchange of information and publications;

20

II.S.C. 53a provides that "Appropriations areauthorized forthe...preparation of manuscripts, drawings, and illustrations forpublication."

44

^{TT S}

r

1719 provides that "For the purpose of

more

fully carrying into effect the convention concluded atBrussels

on March

15, 1886, and proclaimed

by

thePresident of the United States

on

January 15, 1889, there shall be supplied to theLibrary of Congress not to exceed one hundred and twenty-five copies each ofall

Government

publications, including the daily and

bound

copies ofthe Congressional Record, for distribution, through the SmithsonianInstitution, to foreign governments

which

agree to send to the

United States similarpublications oftheir

governments

for deliveryto the Library of Congress conduct ofeducation, training, and

museum

assistance programs;

70

tt S

C

^{<V>a provides}

^"The

^{DirectoroftheNational}

Museum

^{underthe direction ofthe}

Secretary of^the SmithsonianInstitution shall ^- (1) cooperate with

museums

and their professional organizations in a continuing study of

museum problems

and opportunities, bothin theUnited States

and

abroad; (2) prepareand carry out

programs by

grant, contract, ordirectly fortraining career

employees

in

museum

practices...(3) prepare and distribute significant

museum

publications; ₍₄₎ perform research on, and otherwise contributeto, the

development

of

museum

techniques.^..

"

20JLLSJ1

77a provides that

"The

national airand space

museum

^shall...provide educational material forthe historical study ofaviation

and

spaceflight.

"

20

TT S r. 79a providesthat

"The

purpose of setting aside such an area [Barro Colorado Island] is topreserve

and

conserve its natural features...thusproviding a place

where

^duly

qualified students can

make

observations and scientific investigations for increase of knowledge,

under

such conditions

and

regulationsas

may be

prescribed

by

the Smithsonian Institution."

20

TT.S

C ^79e

^as

amended by PT.

96-89 and

PI.

98-57 provides that "There are

authorized to

be

appropriated annually...such

sums

as are necessary fortheadministration ofsections 79-79e ofthis title

and

for themaintenance oflaboratory orotherfacilities..

.

"

The Panama

Canal Treaty

and

ancillary agreementsvest in the Smithsonian Tropical ResearchInstitute responsibility to serve as custodian ofthe Barro

Colorado

Nature

Monument. The Panama

Canal

Act

of 1979, P.L. 96-70, implements the provisions of the

Panama

CanalTreaty.

20 U.S.C. 80m

providesthat "...the

Board

may...conduct

programs

ofresearch and education (in the

Museum

of African Art).^..

"

maintenance, alteration, operation, lease (forterms nottoexceed thirty years),

and

protectionof buildings, facilities,

and

approaches;

20 TTSC

53a, 76g, 76ee, 79h,

80m,

81 providethat (1) "Appropriations are authorized for the maintenance oftheAstrophysical Observatory and...for repairs

and

alterations of buildings

and

grounds occupied

by

the Smithsonian Institution in the District of

Columbia and

elsewhere..." (2) "Thereare authorized to beappropriated annually such

sums

as

may be

necessary to maintain

and

administer the Gallery..." (3) "There is authorized to be appropriated...such additional

sums

as

may

be necessary forthe maintenance

and

operation of such

museum and

sculpture garden." (4)

"The

Smithsonian Institution shall...

be

responsible for the construction

and

maintenance oflaboratory

and

other

facilities

on

theareaprovided for the use ofstudents authorized to carry

on

studies within

theconfines ofthe area.. .

" (5) ^"...the

Board may.

..preserve, maintain...any property of whatsoever nature acquired (forthe

Museum

ofAfrican Art)..." (6)

"The

National Zoological Park isplaced underthe direction oftheRegents ofthe Smithsonian

Institution,

who

areauthorized... to administerand

improve

the said Zoological Park for the

advancement

ofscienceand the instructionand recreationofthepeople." Public

Law

101-512

making

appropriations ^forthe

Department

ofthe Interiorand Related Agencies for the fiscal year 1991 extendedthe

maximum

term

from

ten years tothirty years.

7. notto exceed $ for services as authorized

by

5

U.S.C.

3109;

5

ITSC. 3109

provides that

"When

authorized

by

an appropriation or other statute, the head of an agency

may

^procure

^by

^{contract thetemporary (not inexcess of 1 year) or}

intermittent services of experts or consultants or an organization thereof, including stenographic reporting services."

8.

up

to5 replacement passengervehicles;

31 IT S

C

<S38a providesthat "Unless specifically authorized

by

the appropriation

concerned or other law,

no

appropriation shall be

expended

to purchase orhirepassenger

motor

vehicles forany branchof the

Government

otherthan those for..

.

"

9. purchase, rental, repair, and cleaningofuniforms foremployees;

5 TT.S.r.. 5901 _{provides that} "There is authorized to be appropriated annuallyto each agency ofthe

Government

ofthe United States.^..on a

showing

ofnecessity ordesirability,

an

amount

not toexceed

$125

multiplied by the

number

of

employees

ofthe agency

who

are required

by

regulation or statute to

wear

aprescribed uniform in theperformance of

official duties and

who

are not being furnished with the uniform."

40 U.S.C.

193tprovides that

"The

special policeprovided for in section 193n ofthis title

[Smithsonian Institution]...

may

be furnished, without charge, with uniforms and such other equipment as

may

be necessary for theproperperformance oftheir duties.^.

.

"

10. of

which

not to exceed $ for the instrumentation program, collections acquisition,

Museum

Support Center equipment and

move,

exhibition reinstallation, the National

Museum

^ofthe

American

Indian, and the repatriation of skeletal remains

program

shall remain available until

expended;

Wording

added

by

the Congress in Public

Law

100-446

making

appropriations for the

Department

of the Interiorand related agencies for the fiscal year 1989 to permitthe Institution to establish no-year funding within the Salaries and Expenses account for the development of majorscientific instrumentation. Public

Law

101-512

making

appropriations for the

Department

ofthe Interior and Related Agencies for the fiscal year 1991 also allowed no-year funding to be used ^for purchases for

museum

collections; the costs of purchasing collections storage equipmentand thepreparation ofobjects and the

move

ofcollections to the

Museum

Support Center; the design, production, and

reinstallation of

museum

exhibitions; the operatingcosts associated with the

new

National

Museum

of^the

American

Indian; and the repatriation ofskeletal remains. In addition, Public

Law

^103-332

making

appropriations for the

Department

ofthe^Interiorand Related Agencies ^{for the fiscal year} 1995 permits no-year funding forresearch equipment;

information technology needs; and Latino

programming

^atthe Institution.

31 IT.S.C.

718

provides

"No

^{specific orindefinite} appropriation

made

^subsequent to

August

24, 1912, ⁱⁿ any regularannual appropriation

Act

shall

be

construedto be

permanent

or available continuously without referencetoa fiscal year unless ^it belongs to

one

ofthefollowing...or unless itis

made

in terms expresslyproviding that it shall continueavailable

beyond

thefiscal yearfor

which

the appropriation

Act

in

which

itis

contained

makes

provision.

"

1 1

.

and, including such funds as

may

benecessary to support

American

overseas research centers and atotal of $ for the Council of

American

Overseas Research Centers:

Wording added by

the Congressin Public

Law 99-190 making

appropriations for the

Department

ofInterior

and

Related Agencies in 1986. Public

Law

100-446

making

appropriations for the

Department

ofthe Interior

and

Related Agencies for the ^fiscal year

1989

modified referenceto

add

specific dollar

sum

tobe provided tothe Council of

American

Overseas Research Centers.

12. Provided, That funds appropriated herein areavailable for advance

payments

to independent contractorsperforming research services orparticipating in official Smithsonian presentations.

31

ITS.C. 529

provides that

"No

advance ofpublic

money

shall

be made

in

any

case unless authorized

by

the appropriationconcerned or other law."

Appropriation:

Construction

and Improvements,

National Zoological

Park

1.

For

necessary expenses ofplanning, construction, remodeling,

and

equipping ofbuildings

and

facilities at the NationalZoological Park,

20 U.S.C.

81 provides that

"The

National Zoological

Park

isplaced

under

the direction of the Regents ofthe Smithsonian Institution,

who

are authorized... to administer

and

improve

the said Zoological

Park

forthe

advancement

ofscience

and

theinstruction and recreation ofthe people.

"

2.

by

contractor otherwise,

Wording

for clarification only.

to remain availableuntil expended.

31 U.S.P..

71R

_provides

"No

specific orindefinite appropriation

made

subsequentto

August

24, 1912, in any regular annual appropriation

Act

shall

be

construedto

be

permanent

oravailable continuously without reference to afiscal yearunless itbelongs to

one

ofthe following...or unless itis

made

in terms expresslyproviding that ^itshall continue available

beyond

the fiscal year for

which

the appropriation

Act

in

which

itis

contained

makes

provision.

"

Appropriation:

Repair and

Restoration ofBuildings 1

.

For

necessary expenses ofrepairand restoration ofbuildings

owned

or occupied

by

the

Smithsonian Institution,

by

contract or otherwise, as authorized

by

section2 ofthe Act of

August

22, 1949 (63 Stat. 623),

20

TT.S.r. 53a provides that "Appropriations are authorized...forrepairs

and

alterations of buildings and grounds occupied

by

the Smithsonian Institution inthe District of

Columbia

and elsewhere.^..

"

2. including not to exceed$ for services as authorized

by

5 U.S.C. 3109,

5 TT.S.r

3109

provides that

"When

authorized

by

an appropriation or otherstatute, the head ofan agency

may

procure

by

contract thetemporary (not inexcess of ¹ year) or intermittent services of experts orconsultants oran organization thereof, including stenographic reporting services.

"

3. to remain available until expended:

31 II.S.C.

718

provides

"No

specific or indefinite appropriation

made

subsequent to

August

24, 1912, ⁱⁿ any regular annual appropriation Act shall be construed to be

permanent

or available continuously without reference to afiscal year unless itbelongs to

one

ofthe following...or unless it is

made

in terms expresslyprovidingthat it shall continue available

beyond

the fiscal yearfor

which

the appropriation Act in

which

itis

contained

makes

provision.

"

4. Provided, That ^contracts

awarded

forenvironmental systems, protection systems, and exterior repair or restoration ofbuildings ofthe Smithsonian Institution

may

be negotiated with selected contractors and

awarded on

the basis of contractorqualifications as well as price.

Wording added

to allow for negotiations withthe

most

competent firms for restoration and renovation

work where

it can be certified that such

work must

beperformed to

meet

the special needs ofhistoric structures, theprotection ofcollections, or public safety.

Appropriation: Construction

1

.

For

necessary expenses for construction,

20 TTS.C

53a provides that "Appropriations are authorized... for repairs and alterations of buildings

and

grounds occupied

by

the SmithsonianInstitution in the District of

Columbia and

elsewhere.^..

"

2. to remain availableuntil expended.

31 U.S.

C

^. 71 8 provides

"No

specificorindefinite appropriation

made

subsequent to

August

24, 1912, in any regular annual appropriation

Act

shall beconstrued to be

permanent

or available continuously without reference to afiscal year unless it belongs to

one

ofthe following...or unless it is

made

in terms expresslyproviding that it shall continue available

beyond

thefiscal year for

which

theappropriation

Act

in

which

it is

contained

makes

provision.

"

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