20 U.S.C. § 41 — Incorporation of institution

Page 7 TITLE 20—EDUCATION § 41 Sec. 79a. Preservation of natural features for scientific observation and investigation. 79b. Functions of Smithsonian Institution. 79c. Resident manager; powers and duties; com- pensation. 79d. Deposit of receipts into Treasury; disburse- ments. 79e. Authorization of appropriations. SUBCHAPTER X—NATIONAL ARMED FORCES MUSEUM ADVISORY BOARD 80. National Armed Forces Museum Advisory Board. 80a. Display of contributions of Armed Forces. 80b. Selection of site. 80c. Transfer or loan of objects, equipment and records to Smithsonian Institution. 80d. Authorization of appropriations. SUBCHAPTER XI—WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS 80e. Congressional declaration of policy. 80f. Woodrow Wilson International Center for Scholars; Board of Trustees of the Center. 80g. Powers and duties of Board. 80g–1. Hubert H. Humphrey Fellowship in Social and Political Thought. 80h. Administration; quorum. 80i. Authorization of appropriations; limitations. 80j. Audit of accounts. SUBCHAPTER XII—MUSEUM OF AFRICAN ART 80k. Donation and transfer of lands and improve- ments, works of art, and other assets and property of Museum of African Art to Smithsonian Institution. 80l. Establishment of Museum of African Art; functions. 80m. Powers of Board. 80n. Commission for the Museum of African Art. 80o. Director, officers, and employees; appoint- ment, compensation, and duties. 80p. Funding. SUBCHAPTER XIII—NATIONAL MUSEUM OF THE AMERICAN INDIAN 80q. Findings. 80q–1. National Museum of the American Indian. 80q–2. Authority of Board of Regents to enter into agreement providing for transfer of Heye Foundation assets to Smithsonian Institu- tion. 80q–3. Board of Trustees of National Museum of the American Indian. 80q–4. Director and staff of National Museum. 80q–5. Museum facilities. 80q–6. Custom House office space and auditorium. 80q–7. Audubon Terrace. 80q–8. Board of Regents functions with respect to certain agreements and programs. 80q–9. Inventory, identification, and return of In- dian human remains and Indian funerary objects in possession of Smithsonian Insti- tution. 80q–9a. Summary and repatriation of unassociated funerary objects, sacred objects, and cul- tural patrimony. 80q–10. Special committee to review inventory, iden- tification, and return of Indian human re- mains and Indian funerary objects. 80q–11. Inventory, identification, and return of Na- tive Hawaiian human remains and Native Hawaiian funerary objects in possession of Smithsonian Institution. 80q–12. Grants by Secretary of the Interior to assist Indian tribes with respect to agreements for return of Indian human remains and Indian funerary objects. 80q–13. Grants by Secretary of the Interior to assist Indian organizations with respect to ren- ovation and repair of museum facilities and exhibit facilities. Sec. 80q–14. Definitions. 80q–15. Authorization of appropriations. SUBCHAPTER XIV—NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE 80r. Findings. 80r–1. Definitions. 80r–2. Establishment of Museum. 80r–3. Council. 80r–4. Director and staff of the Museum. 80r–5. Educational and liaison programs. 80r–6. Building for the National Museum of African American History and Culture. 80r–7. Congressional Budget Act compliance. 80r–8. Consideration of recommendations of Presi- dential Commission. 80r–9. Authorization of appropriations. SUBCHAPTER XV—CIVIL RIGHTS HISTORY PROJECT 80s. Findings; purpose. 80s–1. Establishment of joint project at Library of Congress and National Museum of African American History and Culture to collect video and audio recordings of histories of participants in American Civil Rights movement. 80s–2. Private support for civil rights history project. 80s–3. Authorization of appropriations. SUBCHAPTER XVI—WOMEN’S HISTORY MUSEUM 80t. Findings. 80t–1. Establishment of Museum. 80t–2. Council. 80t–3. Director and staff of the Museum. 80t–4. Educational and liaison programs. 80t–5. Building. 80t–6. Definitions. 80t–7. Authorization of appropriations. SUBCHAPTER XVII—NATIONAL MUSEUM OF THE AMERICAN LATINO 80u. National Museum of the American Latino. SUBCHAPTER I—CHARTER PROVISIONS § 41. Incorporation of institution The President, the Vice President, the Chief Justice, and the heads of executive departments are constituted an establishment by the name of the Smithsonian Institution for the increase and diffusion of knowledge among men, and by that name shall be known and have perpetual succes- sion with the powers, limitations, and restric- tions hereinafter contained, and no other. (R.S. § 5579; Feb. 27, 1877, ch. 69, 19 Stat. 253; Mar. 12, 1894, ch. 36, 28 Stat. 41.) Editorial Notes CODIFICATION R.S. § 5579 derived from acts Aug. 10, 1846, ch. 178, § 1, 9 Stat. 102; Mar. 20, 1871, ch. 1, 17 Stat. 1. R.S. §§ 5579 to 5594 (codified as sections 41 to 46, 48, 50, 51 to 53, 54 to 57, and 67 of this title) constituted Title 73 of the Revised Statutes, entitled ‘‘The Smithsonian Institution.’’ A preamble to these sections was as fol- lows: ‘‘James Smithson, esquire, of London, in the kingdom of Great Britain, having by his last will and testament given the whole of his property to the United States of America, to found, at Washington, under the name of the ‘Smithsonian Institution,’ an es- tablishment for the increase and diffusion of knowledge among men; and the United States having, by an act of Congress, received said property and accepted said Page 8 TITLE 20—EDUCATION § 42 trust; therefore, for the faithful execution of said trust, according to the will of the liberal and enlightened donor.’’ R.S. § 5579, as originally enacted, constituted the President, the Vice-President, the Secretaries of State, the Treasury, War, and the Navy, the Postmaster-Gen- eral, the Attorney-General, the Chief Justice, the Com- missioner of the Patent Office, and the Governor of the District of Columbia, and such persons as they might elect honorary members, an establishment by the name of the ‘‘Smithsonian Institution,’’ for the purposes and with the powers specified in the section as set forth here. AMENDMENTS 1894—Act Mar. 12, 1894, substituted ‘‘the Chief Jus- tice, and heads of executive departments’’ for ‘‘the Sec- retary of State, the Secretary of the Treasury, the Sec- retary of War, the Secretary of the Navy, the Post- master-General, the Attorney General, the Chief Jus- tice, the Commissioner of Patents, the governor of the District of Columbia, and other such persons as they may elect honorary members’’. 1877—Act Feb. 27, 1877, substituted ‘‘Patents’’ for ‘‘Patent Office’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–72, § 1, Aug. 15, 2003, 117 Stat. 888, provided that: ‘‘This Act [enacting section 253l–8 of Title 41, Pub- lic Contracts, enacting provisions set out as notes under section 75b of this title and section 3521 of Title 5, Government Organization and Employees, and amending provisions set out as a note under section 50 of this title] may be cited as the ‘Smithsonian Facili- ties Authorization Act’.’’ SHORT TITLE OF 1966 AMENDMENT Pub. L. 89–674, § 1, Oct. 15, 1966, 80 Stat. 953, provided: ‘‘That this Act [enacting section 65a of this title and repealing section 65 of this title] may be cited as the ‘National Museum Act of 1966’.’’ § 42. Board of Regents; members (a) The business of the Institution shall be conducted at the city of Washington by a Board of Regents, named the Regents of the Smithso- nian Institution, to be composed of the Vice President, the Chief Justice of the United States, three Members of the Senate, three Members of the House of Representatives, and nine other persons, other than Members of Con- gress, two of whom shall be resident in the city of Washington, and seven of whom shall be in- habitants of some State, but no two of them of the same State. (b) Notwithstanding any other provision of law, the Board of Regents of the Smithsonian Institution may modify the number of members, manner of appointment of members, or tenure of members, of the boards or commissions under the jurisdiction of the Smithsonian Institution, other than— (1) the Board of Regents of the Smithsonian Institution; and (2) the boards or commissions of the Na- tional Gallery of Art, the John F. Kennedy Center for the Performing Arts, and the Wood- row Wilson International Center for Scholars. (R.S. § 5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Pub. L. 91–551, § 1(a), Dec. 15, 1970, 84 Stat. 1439; Pub. L. 105–277, div. A, § 101(e) [title III, § 355], Oct. 21, 1998, 112 Stat. 2681–231, 2681–303.) Editorial Notes CODIFICATION R.S. § 5580 derived from acts Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871, ch. 1, 17 Stat. 1. AMENDMENTS 1998—Pub. L. 105–277 designated existing provisions as subsec. (a) and added subsec. (b). 1970—Pub. L. 91–551 authorized three additional per- sons on the Board of Regents. 1894—Act Mar. 12, 1894, struck out ‘‘the governor of the District of Columbia’’ after ‘‘the Chief Justice of the United States,’’. § 43. Appointment of regents; terms of office; va- cancies The regents to be selected shall be appointed as follows: The Members of the Senate by the President thereof; the Members of the House by the Speaker thereof; and the nine other persons by joint resolution of the Congress. The Mem- bers of the House so appointed shall serve for the term of two years; and on every alternate fourth Wednesday of December a like number shall be appointed in the same manner to serve until the fourth Wednesday in December, in the second year succeeding their appointment. The Senators so appointed shall serve during the term for which they shall hold, without re-elec- tion, their office as Senators. Vacancies, occa- sioned by death, resignation, or otherwise, shall be filled as vacancies in committees are filled. The regular term of service for the other nine members shall be six years; and new elections thereof shall be made by joint resolutions of Congress. Vacancies occasioned by death, res- ignation, or otherwise may be filled in like man- ner by joint resolution of Congress. (R.S. § 5581; Pub. L. 91–551, § 1(b), (c), Dec. 15, 1970, 84 Stat. 1440.) Editorial Notes CODIFICATION R.S. § 5581 derived from act Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103. AMENDMENTS 1970—Pub. L. 91–551 authorized appointment of three additional members of the board by joint resolution of Congress. § 44. Organization of board; expenses; gratuitous services The Board of Regents shall meet in the city of Washington and elect one of their number as chancellor, who shall be the presiding officer of the Board of Regents, and called the chancellor of the Smithsonian Institution, and a suitable person as Secretary of the institution, who shall also be the secretary of the Board of Regents. The board shall also elect three of their own body as an executive committee, and shall fix the time for the regular meetings of the board; and, on application of any three of the regents to the Secretary of the institution, it shall be his duty to appoint a special meeting of the Board of Regents, of which he shall give notice, by letter, to each of the members; and, at any meeting of the board, eight shall constitute a