§ 80q-3. — Board of Trustees of National Museum of the American Indian.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC80q-3]
TITLE 20--EDUCATION
CHAPTER 3--SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES
SUBCHAPTER XIII--NATIONAL MUSEUM OF THE AMERICAN INDIAN
Sec. 80q-3. Board of Trustees of National Museum of the American
Indian
(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
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\1\ So in original. Probably should be capitalized.
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(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) of this
section, 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.
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\2\ So in original. Probably should be ``At''.
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(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.
(Pub. L. 101-185, Sec. 5, Nov. 28, 1989, 103 Stat. 1337; Pub. L. 104-
278, Sec. 2, Oct. 9, 1996, 110 Stat. 3355.)
Amendments
1996--Subsec. (f)(1)(B). Pub. L. 104-278 substituted ``a senior
official'' for ``an Assistant Secretary''.
