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20 U.S.C. § 80q–3Board of Trustees of National Museum of the American Indian

submitted 37 years ago by Pub. L. 101-185 to r/title-20-EDUCATION · 783 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets up a Board of Trustees to run the National Museum of the American Indian. The Trustees recommend budgets, manage collections, and hire staff, subject to the Board of Regents' policies. Members serve three-year terms, and at least half of certain appointees must be Indians.

(a) In general: The National Museum operates under a Board of Trustees, with the duties, powers, and authority set out in this section. (b) General duties and powers: The Board of Trustees must: (1) recommend the National Museum's annual operating budgets to the Board of Regents; (2) advise and help the Board of Regents on everything relating to running, operating, maintaining, and preserving the National Museum; (3) adopt its own bylaws; (4) pick a chairman and other officers from among its members; and (5) report yearly to the Board of Regents on acquiring, disposing of, and displaying Native American objects and artifacts, and on other relevant matters. (c) Sole authority: Subject to the Board of Regents' general policies, only the Board of Trustees may: (1) lend, exchange, sell, or otherwise dispose of any part of the National Museum's collections, using the proceeds to add to the collections or to the Museum's endowment; (2) purchase, accept, borrow, or otherwise acquire artifacts and objects for the collections; and (3) set the criteria for how the collections may be used, including for research, evaluation, education, and display. (d) Other authority: Subject to the Board of Regents' general policies, the Board of Trustees also may: (1) arrange for restoring, preserving, and maintaining the collections; (2) raise funds for the National Museum and decide how those funds are used; and (3) approve spending from the Museum's endowment for any Museum purpose. (e) Initial appointments: (1) Membership: The first Board of Trustees consists of (A) the Secretary of the Smithsonian Institution; (B) an Assistant Secretary appointed by the Board of Regents; (C) 8 people appointed by the Board of Regents; and (D) 15 people, each already a trustee of the Heye Museum, appointed by the Board of Regents from a list the Heye Museum's trustees recommend. (2) Special rule: At least 7 of the 23 members appointed under (C) and (D) must be Indians. (3) Terms: The trustee appointed under (1)(B) serves at the Board of Regents' pleasure. Trustees appointed under (1)(C) or (1)(D) serve 3-year terms starting on the date the Heye Foundation's assets transfer to the Smithsonian. (4) Vacancies: A vacancy is filled only for the rest of that term. A vacancy filled under (1)(D) does not have to come from the Heye Museum's recommended list, but it still must follow the rule in (2) about Indian representation. (f) Later appointments: Once the terms under (e) expire, the Board of Trustees consists of: (1) Membership: (A) the Secretary of the Smithsonian; (B) a senior Smithsonian official appointed by the Board of Regents; and (C) 23 people appointed by the Board of Regents from a list the Board of Trustees itself recommends. (2) Special rule: At least 12 of the 23 members appointed under (1)(C) must be Indians. (3) Terms: The trustee under (1)(B) serves at the Board of Regents' pleasure. Members appointed under (1)(C) normally serve 3-year terms, except for the very first group appointed under (1)(C): (A) 7 members, 4 of whom must be Indians, serve 1-year terms; and (B) 8 members, 4 of whom must be Indians, serve 2-year terms — as designated when appointed. (4) Vacancies: A vacancy is filled only for the rest of the term involved. (g) Quorum: A majority of the Board of Trustees' current members makes a quorum. (h) Expenses: Board members get per diem, travel, and transportation expenses — the same as government employees who work intermittently — for each day, including travel days, spent doing Board duties.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The National Museum shall be under a Board of Trustees with the duties, powers, and authority specified in this section.

(b) General duties and powers

The Board of Trustees shall—

(1)

recommend annual operating budgets for the National Museum to the Board of Regents;

(2)

advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the National Museum;

(3)

adopt bylaws for the Board of Trustees;

(4)

designate a chairman and other officers from among the members of the Board of trustees; 1 and

(5)

report annually to the Board of Regents on the acquisition, disposition, and display of Native American objects and artifacts and on other appropriate matters.

(c) Sole authority

Subject to the general policies of the Board of Regents, the Board of Trustees shall have the sole authority to—

(1)

lend, exchange, sell, or otherwise dispose of any part of the collections of the National Museum, with the proceeds of such transactions to be used for additions to the collections of the National Museum or additions to the endowment of the National Museum, as the case may be;

(2)

purchase, accept, borrow, or otherwise acquire artifacts and other objects for addition to the collections of the Natural Museum; and

(3)

specify criteria for use of the collections of the National Museum for appropriate purposes, including research, evaluation, education, and method of display.

(d) Authority

Subject to the general policies of the Board of Regents, the Board of Trustees shall have authority to—

(1)

provide for restoration, preservation, and maintenance of the collections of the National Museum;

(2)

solicit funds for the National Museum and determine the purposes to which such funds shall be applied; and

(3)

approve expenditures from the endowment of the National Museum for any purpose of the Museum.

(e) Initial appointments to Board of Trustees
(1) Membership

The initial membership of the Board of Trustees shall consist of—

(A)

the Secretary of the Smithsonian Institution;

(B)

an Assistant Secretary of the Smithsonian Institution appointed by the Board of Regents;

(C)

8 individuals appointed by the Board of Regents; and

(D)

15 individuals, each of whom shall be a member of the board of trustees of the Heye Museum, appointed by the Board of Regents from a list of nominees recommended by the board of trustees of the Heye Museum.

(2) Special rule

At least 7 of the 23 members appointed under subparagraphs (C) and (D) of paragraph (1) shall be Indians.

(3) Terms

The trustee appointed under paragraph (1)(B) shall serve at the pleasure of the Board of Regents. The terms of the trustees appointed under subparagraph (C) or (D) of paragraph (1) shall be 3 years, beginning on the date of the transfer of the Heye Foundation assets to the Smithsonian Institution.

(4) Vacancies

Any vacancy shall be filled only for the remainder of the term involved. Any vacancy appointment under paragraph (1)(D) shall not be subject to the source and recommendation requirements of that paragraph, but shall be subject to paragraph (2).

(f) Subsequent appointments to Board of Trustees
(1) Membership

Upon the expiration of the terms under subsection (e), the Board of Trustees shall consist of—

(A)

the Secretary of the Smithsonian Institution;

(B)

a senior official of the Smithsonian Institution appointed by the Board of Regents; and

(C)

23 individuals appointed by the Board of Regents from a list of nominees recommended by the Board of Trustees.

(2) Special rule

A 2 least 12 of the 23 members appointed under paragraph (1)(C) shall be Indians.

(3) Terms

The trustee appointed under paragraph (1)(B) shall serve at the pleasure of the Board of Regents. Except as otherwise provided in the next sentence, the terms of members appointed under paragraph (1)(C) shall be 3 years. Of the members first appointed under paragraph (1)(C)—

(A)

7 members, 4 of whom shall be Indians, shall be appointed for a term of one year, as designated at the time of appointment; and

(B)

8 members, 4 of whom shall be Indians, shall be appointed for a term of 2 years, as designated at the time of appointment.

(4) Vacancies

Any vacancy shall be filled only for the remainder of the term involved.

(g) Quorum

A majority of the members of the Board of Trustees then in office shall constitute a quorum.

(h) Expenses

Members of the Board shall be entitled (to the same extent as provided in section 5703 of title 5 with respect to employees serving intermittently in the Government service) to per diem, travel, and transportation expenses for each day (including travel time) during which they are engaged in the performance of their duties.

Source credit: (Pub. L. 101–185, § 5, Nov. 28, 1989, 103 Stat. 1337; Pub. L. 104–278, § 2, Oct. 9, 1996, 110 Stat. 3355.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 101-185 · 103 Stat. 1337
  • 1996Amended · Pub. L. 104-278 · 110 Stat. 3355

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-185 on 1989-11-28.

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