Title 20, EducationRelease 119-73not60

§80q–3 Board of Trustees of National Museum of the American Indian

Title 20 › Chapter 3— SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES › Subchapter XIII— NATIONAL MUSEUM OF THE AMERICAN INDIAN › § 80q–3

Last updated Apr 5, 2026|Official source

Summary

Creates a Board of Trustees to run and care for the National Museum. The Board must propose the yearly operating budget to the Board of Regents, advise the Regents about running, preserving, and maintaining the museum, write its own bylaws, pick a chair and other officers from among its members, and give an annual report about acquiring, removing, and showing Native American objects. Under the Regents’ general policies, the Board alone can lend, trade, sell, or otherwise dispose of collection items (and use the money to add to the collections or the museum’s endowment), buy or accept items for the collection, set rules for using the collections for research, education, display, and evaluation, restore and preserve items, raise funds and decide how to use them, and approve spending from the endowment. At first the Board has 25 members: the Secretary of the Smithsonian, one Assistant Secretary chosen by the Regents, 8 people the Regents appoint, and 15 people the Regents appoint from nominees sent by the Heye Museum board. Of those 23 appointed people, at least 7 must be Indians. The Assistant Secretary serves until the Regents replace them. The appointed trustees serve 3-year terms starting when the Heye Foundation assets transfer. Vacancies are filled only for the rest of the term. After those first terms end, the Board will still have 25 members: the Smithsonian Secretary, a senior Smithsonian official chosen by the Regents, and 23 people the Regents appoint from nominees the Board of Trustees recommends, with at least 12 of those 23 being Indians. Appointed members normally serve 3 years, but at the start 7 members (4 Indians) serve 1 year and 8 members (4 Indians) serve 2 years so terms are staggered. A majority of current members makes a quorum. Board members may receive per diem and travel and transportation expenses for each day (including travel time) they do Board work.

Full Legal Text

Title 20, §80q–3

Education, Source: USLM XML via OLRC

(a)The National Museum shall be under a Board of Trustees with the duties, powers, and authority specified in this section.
(b)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; 11 So in original. Probably should be capitalized. 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)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)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)(1)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)At least 7 of the 23 members appointed under subparagraphs (C) and (D) of paragraph (1) shall be Indians.
(3)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)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)(1)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)A 22 So in original. Probably should be “At”. least 12 of the 23 members appointed under paragraph (1)(C) shall be Indians.
(3)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)Any vacancy shall be filled only for the remainder of the term involved.
(g)A majority of the members of the Board of Trustees then in office shall constitute a quorum.
(h)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (f)(1)(B). Pub. L. 104–278 substituted “a senior official” for “an Assistant Secretary”.

Reference

Citations & Metadata

Citation

20 U.S.C. § 80q–3

Title 20, Education

Last Updated

Apr 5, 2026

Release point: 119-73not60