20 U.S.C. § 72

Board of Trustees

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(a) Establishment

There is established in the Smithsonian Institution a bureau, which shall be directed by a board to be known as the Trustees of the National Gallery of Art, whose duty it shall be to maintain and administer the National Gallery of Art and site thereof and to execute such other functions as are vested in the board by this subchapter. The board shall be composed as follows: The Chief Justice of the United States, the Secretary of State, the Secretary of the Treasury, and the Secretary of the Smithsonian Institution, ex officio; and five general trustees who shall be citizens of the United States, to be chosen as hereinafter provided. No officer or employee of the Federal Government shall be eligible to be chosen as a general trustee.

(b) Method of selection; term of office

The general trustees first taking office shall be chosen by the Board of Regents of the Smithsonian Institution, subject to the approval of the donor, and shall have terms expiring one each on July 1 of 1939, 1941, 1943, 1945, and 1947, as designated by the Board of Regents. A successor shall be chosen by a majority vote of the general trustees and shall have a term expiring ten years from the date of the expiration of the term for which his predecessor was chosen, except that a successor chosen to fill a vacancy occurring prior to the expiration of such term shall be chosen only for the remainder of such term.

(Mar. 24, 1937, ch. 50, § 2, 50 Stat. 52.)Statutory Notes and Related SubsidiariesDelegation of Functions by Secretary of State to Director of United States Information Agency

Pub. L. 95–426, title II, § 205, Oct. 7, 1978, 92 Stat. 975, as amended by Pub. L. 97–241, title III, § 303(b), Aug. 24, 1982, 96 Stat. 291, provided that: “The Secretary of State may delegate to the Director of the United States Information Agency, with the consent of the Director, the functions vested in the Secretary by section 2(a) of the joint resolution entitled ‘Joint Resolution providing for the construction and maintenance of a National Gallery of Art’, approved March 24, 1937 (20 U.S.C. 72(a)).”

[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Intercourse.]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1985–2024 · leading case: Mistretta v. United States, 488 U.S. 361 (1989).

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Mistretta v. United States, 488 U.S. 361 (1989). · cites it 2× “52 , 20 U. S. C. § 72 (a). Four Justices, pursuant to 44 U.”

Dodge v. Trs. of the Nat'l Gallery of Art, 326 F. Supp. 2d 1 (D.D.C. 2004). · cites it 2× “20 U.S.C. § 72 et seq. (2004). The National Gallery was established by a Joint Resolution of the 75th Congress, codified under 20 U.”

Jose Gubiensio-Ortiz v. Al Kanahele, Warden, Metro. Corr. Ctr., San Diego, California, United States of Am. v. Raul Chavez-Sanchez, 857 F.2d 1245 (9th Cir. 1988). “§ 42 (1982), and a trustee of certain subsidiary bodies, 20 U.S.C. §§ 72 , 76cc(b) (1982) (National Gallery of Art and Hirshhorn Museum), and he or his designee also serves on the Commission on the Bicentennial of the Constitution.”

In Re Application of the President's Comm'n on Organized Crime. Subpoena of Lorenzo Scaduto, 763 F.2d 1191 (11th Cir. 1985). “§ 42 (Chief Justice member of Board of Regents of Smithsonian Institution); 20 U.S.C.A. § 72 (Chief Justice a Trustee of the National Gallery of Art); 20 U.”

Groce v. Rodriguez (D.D.C. 2024). “20 U.S.C. § 72 (a). Due to its independence from the rest of the Smithsonian, Dong is not dispositive of the question whether the Gallery is an “authority of the Government of the United States,” but it is highly persuasive.”

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