Volume 52 · 400

Public Law 75–238

To set apart public ground for the Smithsonian Gallery of Art, and for other purposes.

Approved May 17, 1938

Statutory text

JOINT RESOLUTION

To set apart public ground for the Smithsonian Gallery of Art, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

That, for the purpose of

Smithsonian Gallery of Art, D. C.

Site for, to be assigned.

providing a site for a suitable building for properly housing and displaying the national collections of fine arts, comprising paintings sculptures, bronzes, glass, porcelain, tapestry, furniture, jewelry, and other types of art; to display portraits of eminent American men and women; and to exhibit the works of artists deserving of recognition, the National Capital Park and Planning Commission shall

Location.

designate and the President shall assign a suitable tract of public land in the District of Columbia between Fourth and Fourteenth Streets and Constitution and Independence Avenues.

Sec. 2.

A Commission, to be called the Smithsonian Gallery

Smithsonian Gallery of Art Commission created; membership, etc.

of Art Commission (hereinafter referred to as the “Commission”), comprising a member to be designated by the Regents of the Smithsonian Institution; the Secretary of the Smithsonian Institution; a member to be designated by the Secretary of the Treasury; the Chairman of the National Capital Park and Planning Commission; the Chairman of the Commission of Fine Arts; the Chairman of the Joint Committee on the Library; the Chairman of the Committee on the Library of the House; and the Chairman of the Art

Authority to make investigations, secure designs, etc.

Commission of the Smithsonian Institution, is hereby created and authorized to make all preliminary investigations and to secure appropriate designs, by competition or otherwise, preferably by competition, for a building to be constructed on the site above described, said building to be so designed as to permit of future expansion, parking

Chairman.

arrangements, and for landscaping its surroundings. The Commission shall choose a Chairman from its own membership.

(b) Service without compensation; termination of Commission.

The members of the Commission shall serve as such members without compensation and the Commission shall terminate upon the submission to and approval by the Regents of the Smithsonian Institution (hereinafter referred to as the “Regents”) of the said design for the building and grounds.

The Commission may employ such technical, clerical, and other assistants and make such expenditures (including expenditures for personal services at the seat of government and elsewhere) as may be necessary for the performance of the duties vested in the

Proviso.

Employment of consultants.

5 U. S. C. §§ 661–674; Supp. III, §§ 673, 673c.

Allowance for expenses.

Commission: Provided, That architectural, engineering, and other necessary consultants may be employed without regard to the civil-service laws and the Classification Act of 1923, as amended. All expenditures of the Commission, including the cost of any design which may be accepted, and the compensation of a jury of award in the event a competition is held, shall be allowed and paid upon presentation of itemized vouchers therefor approved by its

Appropriation authorized.

Post, p. 1118.

Chairman. To carry out the provisions of this section, there is hereby authorized to be appropriated the sum of $40,000.

Sec. 3. Funds from private sources.

The Regents are hereby authorized to solicit and receive subscriptions of funds from private sources for the purposes

Deposit and expenditure.

specified in this subsection. Funds so received shall be placed in a special deposit account with the Treasurer of the United States, and may be expended by the Regents to meet the cost of the construction of the building, including furnishings and equipment thereof, to obtain necessary drawings and specifications, make necessary surveys and estimates of cost, defray necessary administrative expenses, and secure other needful services.

(b) Preparation of site, landscaping, etc.

The Regents may, subject to the approval of the President, authorize the preparation of the site and the construction of the building, including approaches and landscaping of the grounds:

Proviso.

Plans, contracts, etc.

Provided, That the Director of Procurement, Treasury Department, shall supervise the preparation of the plans and specifications, make all necessary contracts, and supervise construction.

The name of the building shall be the Smithsonian Gallery of Art (hereinafter referred to as the “Gallery”), and it shall be under the supervision and control of the Regents and the Secretary of the Smithsonian Institution.

Sec. 4.

It shall be the policy of the Regents to maintain a worthy standard for the acceptance of art objects for exhibition

Public exhibitions.

in the Gallery, and to foster by public exhibitions from time to time in Washington, and other parts of the United States a growing

Acceptance of donations of works of art and funds.

appreciation of art, both of past and contemporary time; and the Regents are hereby authorized to solicit and receive private donations of works of art and contributions of funds from private sources for the purchase of works of art. Funds so received shall be placed in a special deposit account with the Treasurer of the United States and may be expended by the Regents for the purchase of works of art.

In order to encourage the development of contemporary art

Powers of Regents.

and to effect the widest distribution and cultivation in matters of such art, the Regents are hereby authorized to solicit and receive funds from private sources, to acquire (by purchase or otherwise) and sell contemporary works of art or copies thereof, to employ artists and other personnel, award scholarships, conduct exhibitions, and generally to do such things and have such other powers as will effectuate the purposes of this subsection. Funds received by the

Deposit and expenditure of funds.

Regents under this subsection shall be placed in a special deposit account with the Treasurer of the United States and may be expended by the Regents for the purposes enumerated in this subsection and for no other purposes: Provided, That, the Regents

Proviso.

Limitation on obligations.

shall not incur any obligations under this subsection in excess of the funds available therefor.

Sec. 5.

The Director of Procurement, the Administrator of the

Donation of works of art by Government agencies.

Public Works Administration, and other agencies of the Government are authorized to donate to the Gallery any works of art now or hereafter under their control.

Sec. 6.

Such objects of art as the Government or the Smithsonian

Exhibition of objects of art.

Institution now possess, or such as may hereafter be acquired, may be housed or exhibited in the Gallery, with the approval of and under such regulations as the Regents and Secretary of the Smithsonian Institution may prescribe.

Sec. 7.

The Regents may appoint and fix the compensation and

Director; officers and other employees.

duties of a Director of the Gallery and may employ such other officers and employees as may be necessary for the efficient operation and administration of the Gallery.

Sec. 8.

There are hereby authorized to be appropriated annually

Annual appropriation authorized.

such sums as may be necessary to maintain and administer the Gallery, including the salaries of the Director and of other necessary officers and employees, and for special public exhibitions at Washington and elsewhere.

Approved, May 17, 1938.