BYLAWS

of the Board of Regents 

and 

CHARTER PROVISIONS

of the 

Smithsonian Institution

2024

Smithsonian Institution

The Board of Regents
 

BYLAWS OF THE BOARD OF REGENTS

OF THE

SMITHSONIAN INSTITUTION

 

CONTENTS

SECTION 1. PROMULGATION

1.01 Charter 

 1.02 Amendment

SECTION 2. BOARD OF REGENTS

2.01 Powers and Composition 

 2.02 Appointment 

 2.03 Term of Office and Vacancies

 2.04 Meetings

 2.05 Notice of Meetings

 2.06 Action by Ballot Without a Meeting

 2.07 Emergency Meetings

 2.08 Method of Communication for Action Without a Meeting 

 2.09 Quorum 

 2.10 Minutes

 2.11 Regent Emeritus

 2.12 Indemnification 

 2.13 Ethics and Conflicts of Interest

SECTION 3. EXECUTIVE COMMITTEE

3.01 Powers; Composition 

 3.02 Appointment 

 3.03 Meetings

 3.04 Minutes

 3.05 Rules 

SECTION 4. OTHER COMMITTEES

4.01 Advancement Committee

4.02 Audit and Review Committee

 4.03 Compensation and Human Resources 

 4.04 Facilities Committee 

 4.05 Finance Committee 

 4.06 Governance and Nominating Committee 

 4.07 Investment Committee 

 4.08 Strategy, Innovation, and Technology Committee

 4.09 Other Standing or Special Committees 

 4.10 Quorum 

 4.11 Chair; Rules 

 4.12 Appointment of Citizen Committee Members
SECTION 5. OFFICERS 

5.01 Chancellor

5.02 Chair of the Board

5.03 Vice Chair of the Board 

5.04 Secretary 

5.05 Chief Operating Officer

5.06 General Counsel

5.07 Inspector General

5.08 Counselor and Chief of Staff to the Board of Regents

5.09 Under Secretary for Administration

5.10 Other Senior Officers

SECTION 6. ADMINISTRATION

6.01 Authority to Receive and Dispose of Property

6.02 Endowment Fund; Other Nonappropriated Funds

6.03 Appropriated Funds

6.04 Budget

6.05 Audit

6.06 Execution of Documents
SMITHSONIAN INSTITUTION

Bylaws of the Board of Regents

April 2023

Section 1. Promulgation

 

1.01 CHARTER

These bylaws have been adopted by the Board of Regents to govern the 

conduct of the Smithsonian Institution's business pursuant to an Act of 

Congress approved August 10, 1846, as amended (20 U.S.C. § 41, et seq.), 

which act as so amended is hereinafter referred to as the “Charter.” These 

bylaws are in all respects subject to the provisions of the Charter and shall be 

interpreted accordingly.

1.02 AMENDMENT

These bylaws may be amended at any meeting of the Board of Regents by a 

majority vote of the Regents present, provided that the proposed amendments 

have been mailed to each member of the Board of Regents not later than thirty 

days prior to such meeting. 

Section 2. Board of Regents

 

2.01 POWERS AND COMPOSITION

The governing body of the Smithsonian Institution is the Board of Regents 

specified in the Charter. (See also 20 U.S.C. § 42.) 

2.02 APPOINTMENT

Members of the Board of Regents are appointed or elected in the manner 

specified by the Charter. When a vacancy arises from death, resignation, or 

retirement of a citizen member elected by joint resolution of Congress, the 

Board of Regents shall nominate a proposed successor for consideration by 

the Senate and the House of Representatives. (See also 20 U.S.C. § 43.) 

2.03 TERM OF OFFICE AND VACANCIES

Regents shall serve such terms, and vacancies on the Board of Regents shall 

be filled, as specified in the Charter. In nominating citizen members of the 

class, other than residents of the District of Columbia, for election by joint 

resolution of Congress, the Board of Regents shall give consideration to 

rotation of membership among citizens of the various states. The Board of 

Regents shall not nominate citizen members to succeed themselves after they 

have served two consecutive six-year terms. (See also 20 U.S.C. § 43.) 
2.04 MEETINGS

The Board of Regents shall hold regular and special meetings at such times 

and places as the Board of Regents may from time to time determine, 

provided that one meeting annually shall be held in the District of Columbia, 

and provided further that any meeting at which a Chancellor or a Secretary is 

elected shall be held in the District of Columbia. A special meeting of the 

Board of Regents may be called on request of any three members of the Board 

of Regents. (See also 20 U.S.C. § 44.)

2.05 NOTICE OF MEETINGS

Notice of regular meetings of the Board of Regents shall be given in writing 

to each Regent at least thirty days prior to such meetings. Notices of special 

meetings shall be given to each Regent at least ten days prior to such 

meetings. Information about matters to be considered shall be furnished to 

the Regents as soon as practicable prior to each meeting. (See also 20 U.S.C. 

§ 44.)

2.06 ACTION BY BALLOT WITHOUT A MEETING

When requested by the Executive Committee, any action required or 

permitted to be taken at a meeting of the Board of Regents, except the election 

of a Secretary or the nomination of a member of the Board, may be taken 

without a meeting if a majority of the Board of Regents votes to approve the 

action by responding affirmatively to a written or electronic ballot distributed 

to each Regent by the Office of the Regents. The ballot shall set forth the 

proposed action(s) and a reasonable time within which to return the ballot to 

the Office of the Regents. Each Regent who wishes to vote must specify 

approval or disapproval and return it to the Office of the Regents within the 

time specified. The Regents’ approval or disapproval of any action by this 

method shall have the same force and effect as a vote by the Board of Regents 

at a formal meeting of the Board. All ballots returned to the Office of the 

Regents shall be filed with the records of the proceedings of the Board of 

Regents maintained in the Office of the Regents.

2.07 EMERGENCY MEETINGS

When requested by the Executive Committee, any six Regents, the 

Chancellor, the Chair of the Board, or the Secretary may convene an 

emergency meeting of the Board of Regents by providing 72 hours notice, 

including notice by telephonic communication. The emergency meeting may 

be conducted in person, telephonically, or by such other means as may be 

determined by the Executive Committee.

2.08 METHOD OF COMMUNICATION FOR ACTION WITHOUT A MEETING

Any and all communications to and from Regents seeking or taking action by 

the Regents without a meeting may be made by hand delivery, by deposit in 

U.S. Mail, by express mail, by electronic facsimile, by electronic mail, or by 

such other means as may be determined by the Executive Committee.
2.09 QUORUM

At any meeting of the Board of Regents, eight members constitute a quorum, 

but in the absence of a quorum a lesser number may adjourn the meeting. 

(See also 20 U.S.C. § 44.) 

2.10 MINUTES

Minutes of meetings of the Board of Regents shall be made available to all 

members of the Board of Regents, the Congress, and the public as soon as 

practicable after each meeting.

2.11 REGENT EMERITUS

The Board of Regents may, by resolution, confer the title of Regent Emeritus 

on former Regents who accept responsibilities for continuing activities in the 

interests of the Smithsonian Institution. 

2.12 INDEMNIFICATION

Members of the Board of Regents, Regents’ Committees, Regents Emeriti, 

Smithsonian advisory bodies, officers, or employees of the Smithsonian may 

be indemnified for any and all liabilities and reasonable expenses incurred in 

connection with any claim, action, suit, or proceeding arising from present or 

past service for the Smithsonian Institution, in accordance with resolutions 

adopted by the Board. 

2.13 ETHICS AND CONFLICTS OF INTEREST

The Board of Regents shall adopt and members of the Board of Regents shall 

adhere to ethics guidelines setting forth appropriate standards of conduct, 

provisions to avoid potential conflicts of interest, and requirements for 

disclosure of personal interests that may relate to the Smithsonian Institution.

Section 3. Executive Committee

3.01 POWERS;COMPOSITION

The Board of Regents shall elect from its members an Executive Committee 

consisting of three members (in accordance with 20 U.S.C. § 44). The 

Executive Committee shall have and may exercise all powers of the Board of 

Regents when the Board of Regents is not in session, except those expressly 

reserved to itself by the Board of Regents, provided that all such proceedings 

shall be reported to the Governance and Nominating Committee and the 

Board of Regents on a regular basis. The Chair of the Board shall also serve 

as Chair of the Executive Committee. The Vice Chair of the Board shall serve 

as a member of the Executive Committee.

3.02 APPOINTMENT

Elections to the Executive Committee may be made at any regular or special 

meeting of the Board of Regents. The Executive Committee shall include at 

least two citizen members of the Board of Regents who are elected by joint 

resolution of Congress.
3.03 MEETINGS

The Executive Committee shall hold meetings at such times as it shall 

determine. Meetings of the Executive Committee shall be held in the District 

of Columbia unless otherwise determined by the Executive Committee. 

Expenses of Regents in attending meetings of the Executive Committee, 

including travel expenses to and from the place of meeting, may be paid by 

the Institution. Two members of the Executive Committee shall constitute a 

quorum.

3.04 MINUTES

Minutes of all meetings of the Executive Committee shall be made available 

to all members of the Board of Regents as soon as practicable.

3.05 RULES

The Executive Committee shall have power to adopt rules for the conduct of 

its business in respect to all matters not provided for in the bylaws or by rules 

adopted by the Board of Regents. 

Section 4. Other Committees

4.01 ADVANCEMENTCOMMITTEE 

With approval of the Board of Regents, the Chancellor shall appoint an 

Advancement Committee including no fewer than three members of the 

Board of Regents. The Advancement Committee shall assist the Board of 

Regents in overseeing institutional advancement philosophy and policies; 

providing guidance to the Secretary and senior Smithsonian staff on 

attracting private sector support; reviewing proposed gifts and sponsorships

that may require full Board consideration or action; leading, guiding, and 

overseeing Institutional development efforts, including fund-raising

campaigns and projects; and performing such related functions as may be 

assigned to it by the Board of Regents. The Advancement Committee may 

call upon the Institution's officers or staff for assistance and may seek outside 

consultation or professional assistance in the performance of its duties. 

4.02 AUDIT AND REVIEW COMMITTEE 

With approval of the Board of Regents, the Chancellor shall appoint an Audit 

and Review Committee including no fewer than three members of the Board 

of Regents. The Audit and Review Committee shall do all things necessary 

to assure the Board that the Institution's accounting systems and internal 

financial controls are in good order and to facilitate communication between 

the Board of Regents and the Institution's Office of the Inspector General, its 

independent auditors, and those of the Government Accountability Office. 

The Audit and Review Committee shall provide a direct channel of 

communication between the Board of Regents and the Institution's 

independent auditors who shall be certified public accountants nominated by 

the Audit and Review Committee and appointed by the Board of Regents. 

The Audit and Review Committee shall review the Institution's operations 
for compliance with approved programs and policies and shall perform 

related functions as directed by the Board of Regents. The Audit and Review

Committee may call upon the Institution's officers or staff for assistance as 

necessary and may employ outside professional assistance in performance of 

its duties. The Audit and Review Committee shall report its findings directly 

to the Board of Regents at appropriate intervals but not less frequently than 

annually.

4.03 COMPENSATION AND HUMAN RESOURCESCOMMITTEE

With approval of the Board of Regents, the Chancellor shall appoint a 

Compensation and Human Resources Committee including no fewer than 

three members of the Board of Regents. The Compensation and Human 

Resources Committee shall assist the Board of Regents in establishing and 

reviewing the Smithsonian’s compensation philosophy, policies, and 

procedures to ensure that they are fair and equitable to employees and to

provide appropriate stewardship of Smithsonian human and financial 

resources; determining reasonable compensation for the Secretary and certain 

other senior positions; reviewing human resources management at the 

Institution and examining with management significant developments in such 

areas as staff relations, organization structure, management depth, diversity, 

and employee training; and performing such related functions as may be 

assigned to it by the Board of Regents. The Compensation and Human 

Resources Committee may call upon the Institution's officers or staff for 

assistance and may seek outside consultation or professional assistance in the 

performance of its duties. 

4.04 FACILITIES COMMITTEE

With approval of the Board of Regents, the Chancellor shall appoint a 

Facilities Committee including no fewer than three members of the Board of 

Regents. The Facilities Committee shall be responsible for providing 

leadership and oversight for the revitalization and maintenance of the 

Smithsonian physical plant, working with the Congress to address facilities 

capital needs, and performing such related functions as may be assigned to it 

by the Board of Regents. The Facilities Committee may call upon the 

Institution's officers or staff for assistance and may seek outside consultation 

or professional assistance in the performance of its duties.

4.05 FINANCE COMMITTEE 

With approval of the Board of Regents, the Chancellor shall appoint a 

Finance Committee including no fewer than three members of the Board of 

Regents. The Finance Committee shall be responsible for oversight of the 

Institution’s annual budgets and long-range financial planning, assist the 

Board of Regents in fulfilling its oversight responsibility of Smithsonian

Enterprises, and shall perform such related functions as may be assigned to 

it by the Board of Regents. The Finance Committee may call upon the 

Institution’s officers or staff for assistance and may seek outside consultation 

or professional assistance in the performance of its duties. The Finance 

Committee shall report its findings, conclusions, and recommendations to the 

Board of Regents.
4.06 GOVERNANCE AND NOMINATING COMMITTEE

With approval of the Board of Regents, the Chancellor shall appoint a 

Governance and Nominating Committee including no fewer than three 

members of the Board of Regents. The Governance and Nominating 

Committee shall be responsible for oversight of the governance policies and 

practices of the Board of Regents and the Smithsonian; for making 

recommendations to the Board to improve governance policies and practices;

for assessing the effectiveness of the Board and its members and committees;

for recommending candidates for service as citizen members of the Board;

for regularly receiving reports on decisions or substantive actions taken by 

the Executive Committee between Board meetings; for nominating 

candidates for election as Chancellor, Chair, Vice Chair, or members of the 

Executive Committee, and for such other nominations or recommendations 

as may be required by the Board from time to time; for providing

programmatic guidance and direction; and for reviewing major programmatic 

initiatives and ensure their consistency with the Smithsonian’s mission and 

nature as a public trust. The Governance and Nominating Committee may 

call upon the Institution's officers or staff for assistance and may seek outside 

consultation or professional assistance in the performance of its duties.

4.07 INVESTMENTCOMMITTEE 

With approval of the Board of Regents, the Chancellor shall appoint an 

Investment Committee including no fewer than two members of the Board of 

Regents. The Investment Committee shall be responsible for oversight of the 

Institution’s endowment, the Institution’s overall investment strategy, and 

guidelines for the endowment, and shall perform such related functions as 

may be assigned to it by the Board of Regents. The Investment Committee 

may call upon the Institution’s officers or staff for assistance and may seek 

outside consultation or professional assistance in the performance of its 

duties if it seems desirable. The Investment Committee shall report at least 

annually on the Institution’s investment strategies and the status of the 

endowment.

4.08 STRATEGY,INNOVATION, AND TECHNOLOGY COMMITTEE 

With approval of the Board of Regents, the Chancellor shall appoint a 

Strategy, Innovation, and Technology Committee including no fewer than 

three members of the Board of Regents. The Strategy, Innovation, and 

Technology Committee shall assist the Board of Regents in cooperation with 

the Secretary in overseeing the development, periodic refreshment, and 

implementation of a pan-Institutional strategic plan; promoting 

programmatic collaborations among Smithsonian units and between the 

Smithsonian and outside organizations; overseeing the Smithsonian’s 

innovation and technology strategies and initiatives; assisting the Finance 

Committee and the Board of Regents with evaluating management proposals 

for strategic investments, partnerships, and collaborations; providing 

guidance and direction on Smithsonian Enterprises’ innovation and 

technology initiatives; and performing such related functions as may be 

assigned to it by the Board of Regents. The Strategy, Innovation, and 

Technology Committee may call upon the Institution's officers or staff for 
assistance and may seek outside consultation or professional assistance in the 

performance of its duties. 

4.09 OTHER STANDING OR SPECIAL COMMITTEES

The Board of Regents shall have power to establish other standing or special 

committees. Any committee so established may call upon the Institution's 

officers or staff for assistance and may seek outside consultation or 

professional assistance in the performance of its assigned functions.

4.10 QUORUM

Unless otherwise specified by the Board of Regents, a majority of the 

members of all standing and special committees as may be established by the 

Board shall constitute a quorum.

4.11 CHAIR;RULES

Each committee established by the Board of Regents shall perform its 

functions under the general direction of a chair appointed by the Chancellor 

with approval of the Board of Regents. Each such committee shall have the 

power to adopt rules for the conduct of its business in respect of all matters 

not provided for in the bylaws or by rules adopted by the Board of Regents. 

Expenses of members in attending meetings of committees established by the 

Board of Regents, including travel expenses to and from the place of meeting, 

may be paid by the Institution. Each committee established by the Board of 

Regents shall keep or cause to be kept minutes of its meetings, which shall 

be filed and maintained in the Office of the Regents. 

4.12 APPOINTMENT OF CITIZEN COMMITTEE MEMBERS

The Board of Regents may approve the appointment by the Chancellor of 

persons who are not Regents as Citizen Members of standing or special 

committees with duties and responsibilities as defined by the committee 

charters and subject to review and, as appropriate, approval by the Regents. 

Section 5. Officers

5.01 CHANCELLOR

The presiding officer of the Institution shall be the Chancellor elected in 

accordance with the Charter. The Chancellor shall have the duties and 

responsibilities set forth in the Charter and as designated by the Board of 

Regents. The Chancellor may call upon the Chair of the Board, the Executive 

Committee, or any other committee established by the Board of Regents for 

assistance in the performance of the Chancellor's duties.
5.02 CHAIR OF THE BOARD

The Board of Regents shall elect from its members a Chair of the Board, who 

shall also serve as Chair of the Executive Committee. The Chair shall lead 

the Board of Regents in its deliberations and the exercise of its oversight 

function. The Chair shall be the chief spokesperson for the Board of Regents, 

shall represent the Board in dealings with the Secretary and senior 

management between meetings of the Board, and shall have such other duties 

and responsibilities designated by the Board of Regents. The Chair shall be a 

voting member of the Executive and the Compensation and Human 

Resources Committees. The Chair may also serve as a non‐voting, ex officio 

member on any other committees of the Board. The Chair shall be elected for 

a term of one year and may serve until a successor is duly elected. A Regent 

may be elected Chair for no more than three consecutive terms.

5.03 VICE CHAIR OF THE BOARD

The Board of Regents shall elect from its members a Vice Chair of the Board, 

who also shall serve on the Executive Committee. The Vice Chair shall assist 

the Chair in the execution of the Chair’s duties as provided for in Bylaw 5.02

and act as Chair of the Board in the Chair’s absence. The Vice Chair shall be 

elected for a term of one year and may serve until a successor is duly elected. 

A Regent may be elected Vice Chair for no more than three consecutive 

terms.

5.04 SECRETARY

The Secretary, who shall be elected in accordance with the Charter, shall 

serve as the chief executive officer of the Institution. The Secretary shall be 

responsible for carrying into effect the policies and programs approved by 

the Board of Regents and those provided for in applicable laws and 

regulations. All employees of the Institution, except those reporting to the 

Board of Regents, shall perform their duties under the Secretary's general 

direction. The Secretary shall provide for maintaining the Institution's official 

records, including the proceedings of the Board of Regents, the Executive 

Committee, and other standing and select committees of the Board. In 

accordance with applicable statutes and the policies established by the Board 

of Regents, the Secretary may employ assistants and shall prescribe and 

document the Institution's organization structure, operating policies and 

procedures, and delegations of authority. (See also 20 U.S.C. §§ 44 and 46.)

 

5.05 CHIEF OPERATING OFFICER

With the consent of the Board of Regents, the Secretary shall appoint a Chief 

Operating Officer who shall serve as the principal advisor to the Secretary on 

all administrative and financial policies, programs and issues related to the 

operations of the Institution. The Chief Operating Officer shall assist the 

Board of Regents, its committees, and the Secretary in the exercise of their 

fiduciary responsibilities. The Chief Operating Officer or his or her designee 

shall attend all meetings of the Board of Regents and relevant Board 

committees and shall have the right and obligation to bring directly to the 

Board or its committees any information on matters he or she reasonably 

determines should be brought to their attention. (See also 20 U.S.C. §§ 46 

and 48.)
5.06 GENERAL COUNSEL

With the consent of the Board of Regents, the Secretary shall appoint a 

counselor who shall serve as General Counsel and shall advise the Secretary 

and the Board of Regents on such legal matters as may be referred to the 

General Counsel by the Secretary or the Board of Regents or its committees. 

The General Counsel or his or her designee shall attend meetings of the Board 

of Regents and its committees and shall have the obligation to bring directly 

to the Board or its committees any information on legal or compliance 

matters that are within the purview of the Board of Regents by statute, bylaw, 

or as may be directed by the Board of Regents, and shall have the right to 

bring directly to the Board or its committees any such information that he or 

she reasonably determines should be brought to their attention. (See also 20 

U.S.C. §§ 46 and 48.)

5.07 INSPECTOR GENERAL

The Board of Regents shall appoint an Inspector General. As provided by the 

Inspector General Act, the Inspector General shall be independent of all other 

officers and shall attend meetings of the Board of Regents and of relevant 

Board committees. The Inspector General has the right to bring to the Board 

of Regents or its committees any information regarding the economy, 

efficiency, and effectiveness of Smithsonian programs and operations and 

regarding any waste, fraud, or abuse at the Smithsonian. (See also 5 U.S.C. 

App. 3). 

5.08 COUNSELOR AND CHIEF OF STAFF TO THE BOARD OF REGENTS

The Board of Regents shall appoint a Counselor and Chief of Staff to the 

Board of Regents who shall serve as the primary liaison between the Regents 

and the Smithsonian administration, working directly with the Chair of the 

Board and the Secretary on a regular basis in the execution of Board-related 

projects, initiatives, and mandates, including Board meetings and their 

agendas, providing substantive research and analysis, planning, preparation 

and support, and review. The Counselor and Chief of Staff shall respond to 

communications and events on behalf of the Board and its members, serving 

as an ambassador of the Regents.

5.09 UNDER SECRETARY FOR ADMINISTRATION

With the consent of the Board of Regents, the Secretary shall appoint an 

Under Secretary for Administration who shall advise the Secretary on matters 

of administration and direct the contracting, financial, investment, and budget 

activities of the Institution. The Under Secretary for Administration shall 

have charge of all funds of the Institution, keep books of account, and 

designate depositories for funds of the Institution. The Under Secretary for 

Administration shall supervise the Chief Financial Officer of the Institution. 

The Under Secretary for Administration or his or her designee shall attend 

meetings of the Board of Regents and relevant Board committees and shall 

have the right and obligation to bring directly to the Board or its committees 

any information on matters including financial or compliance matters that he 

or she reasonably determines should be brought to their attention.
5.10 OTHER SENIOR OFFICERS

In consultation with the Board of Regents, the Secretary shall appoint such 

other senior officers and assign them such titles, duties, and responsibilities 

as may be necessary for effective management of the Institution's affairs. 

(See also 20 U.S.C. §§ 46 and 48.) 

Section 6. Administration

6.01 AUTHORITY TO RECEIVE AND DISPOSE OF PROPERTY

In accordance with policies established by the Board of Regents, the 

Secretary may accept or receive for the Institution gifts, grants, bequests, and 

other transfers of real and personal property, and may hold and dispose of the 

same in promotion of the purposes of the Institution, and shall administer and 

budget the use of such property for the purposes specified, if any. The 

Secretary may delegate this authority to employees of the Institution. (See 

also 20 U.S.C. § 55.) 

6.02 ENDOWMENT FUND; OTHER NONAPPROPRIATED FUNDS

Unless otherwise designated by the donor or directed by the Board of 

Regents, all monies derived from gifts made by will, trust, or similar 

instrument shall be received in and held in the Smithsonian Institution 

endowment fund. The Board of Regents may augment the Institution's 

endowment fund from time to time through budgetary transfers of the net 

income derived from investments, donations, or revenues from auxiliary 

activities. (See also 20 U.S.C. §§ 54 to 56.)

6.03 APPROPRIATED FUNDS

The Institution shall, in accordance with applicable statutes and 

administrative regulations, request an annual appropriation for the necessary 

expenses of the Smithsonian Institution in executing its statutory 

responsibilities. The Board of Regents shall authorize the expenditure of 

appropriated funds by the Secretary in accordance with law and the policies 

of the Board of Regents. (See also 20 U.S.C. §§ 53a, 54, 65a and 70.) 

6.04 BUDGET

The Secretary shall prepare and recommend an annual budget for 

consideration by the Board of Regents showing the Institution's program 

plans, its estimated income from all sources, and the expenditures proposed 

for the ensuing fiscal year. With approval of the Board of Regents, the 

Secretary shall submit the Institution's request for appropriations to the Office 

of Management and Budget for incorporation in the Budget of the United 

States. The Secretary shall provide all supporting data required for 

Congressional review of the Institution's budget. When the annual 

appropriation act has been approved, the Board of Regents shall review the 

Institution's budget with the Secretary and authorize the Secretary to expend 

appropriated and nonappropriated funds in accordance with the approved 

budget. The Secretary may authorize any necessary reprogramming within 
any limitations established by the Board of Regents or the Congress and may 

recommend to the Board of Regents any necessary amendment of the 

Institution's budget. The Institution shall make no expenditures except those 

authorized in a budget so approved or so amended.

6.05 AUDIT

The accounts of the nonappropriated funds of the Institution shall be audited 

annually by a recognized firm of certified public accountants, which shall 

submit its report to the Board of Regents. This audit shall be in addition to 

audits of grant and contract funds conducted by the designated Federal audit 

agency and audits conducted by the General Accounting Office under other 

authority with respect to appropriated funds. The Secretary shall provide for 

an internal audit of the Institution's activities to ensure compliance with 

statutes and budgetary authorizations in the execution of programs.

6.06 EXECUTION OF DOCUMENTS

Pursuant to the Secretary's general authority as chief executive officer of the 

Institution, the Secretary may execute in the name and behalf of the 

Institution any documents necessary to the acceptance, transfer, sale, or 

redemption of real or personal property (including the sale or redemption of 

stocks, bonds, other investments) acquired or to be acquired, held, or 

disposed of by the Institution through gifts, devises, bequests, or other 

transfers, and may execute loans, mortgages, sureties, contracts, and any 

other documents necessary to the administration of the Institution. Such 

actions shall be reported to the Board of Regents in accordance with policies 

established by the Board. The Secretary may delegate authority for executing 

such documents to employees of the Institution.
SMITHSONIAN INSTITUTION

Charter Provisions

(Title 20, United States Code, Sections 41-70)

Chapter 3. Smithsonian Institution, 

National Museums and Art Galleries

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 succession with the powers, limitations, and restrictions hereinafter contained, and no 

other.

(R.S. § 5579; Feb. 27, 1877, ch. 69, 19 Stat. 253; Mar. 12, 1894, ch. 36, 28 Stat. 41.)

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 follows: "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 

establishment for the increase and diffusion of knowledge among men; and the United States having, by an act of CongTess, 

received said property and accepted said 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-General, the Attorney-General, the Chief Justice, the Commissioner 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 Justice, and heads of executive departments" for "the Secretary 

of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Postmaster-General, the Attorney 

General, the Chief Justice, 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".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 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 Smithsonian 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 Congress, two of whom

shall be resident in the city of Washington, and seven of whom shall be inhabitants 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 National Gallery of Art, the John F. Kennedy Center 

for the Performing Arts, and the Woodrow Wilson International Center for Scholars.

(R.S. § 5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Dec. 15, 1970, Pub. L. 91 -551,§ 1(a), 84 Stat. 1439, 

as amended Oct. 21,1998, Pub. L. 105-277, Div. A., § 101(e) [Title HI, §355], 112Stat. 2681-303.)

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— Act Oct. 21, 1998, designated the existing provisions as subsec. (a) and added subsection (b).

1970—Pub. L. 91-551 authorized three additional persons 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,".

CROSS REFERENCES

National Zoological Park, administration by Regents of Smithsonian Institution, see section 81 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 43. Appointment of regents; terms of office; vacancies 

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 Members 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 reelection, their office as Senators. Vacancies, occasioned 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, resignation, or otherwise may be filled in like manner 

by joint resolution of Congress. 

(R.S. § 5581; Dec. 15, 1970, Pub. L. 91-551, § 1(b), (c), 84 Stat. 1440.)

CODIFICATION

R.S. § 5581 derived from act Aug. 10, 1846,ch. 178, §3, 9 Stat 103.

AMENDMENTS

1970—Pub. L. 91-551 authorized the appointments of three additional members of the Board by joint resolution of the 

Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 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 quorum to do business. Each member of the 

board shall be paid his necessary traveling and other actual expenses in attending meetings of the 

board, which shall be audited by the executive committee, and recorded by the Secretary of the 

board; but his service as Regent shall be gratuitous.

(R.S. § 5582; Dec. 15, 1970, Pub. L. 91-551, § 1(d), 84 Stat. 1440.)

CODIFICATION

R.S. § 5582 derived from act Aug. 10, 1846, ch. 178, §3,9 Stat 103.

AMENDMENTS

1970—Pub. L. 91-551 increased the number of members required to constitute a quorum from five to eight.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 45. Special meetings of members

The members of the institution may hold stated and special meetings, for the supervision 

of the affairs of the institution and the advice and instruction of the Board of Regents, to be called 

in the manner provided for in the bylaws of the institution, at which the President, and in his absence 

the Vice President, shall preside.

(R.S. § 5585.)

CODIFICATION

R.S. § 5585 derived from Act Aug. 10, 1846, ch. 178, § 8,9 Stat. 103. 

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57,67 of this title.

§ 46. Duties of Secretary

The Secretary of the Board of Regents shall take charge of the building and property of 

the institution, and shall, under their direction, make a fair and accurate record of all their 

proceedings, to be preserved in the institution until no longer needed in conducting current business; 

and shall also discharge the duties of librarian and of keeper of the museum, and may, with the 

consent of the Board of Regents, employ assistants. 

(R.S. § 5583; Oct. 25, 1951, ch. 562, § 2(4), 65 Stat. 639.)

CODIFICATION

R.S. § 5583 derived from act Aug. 10, 1846, ch. 178, § 7, 9 Stat. 105.

AMENDMENTS

1951—Act Oct. 25, 1951, inserted "until no longer needed in conducting current business".

CROSS REFERENCES
Management and disposition of records, see sections 2101 etseq., 2301 etseq.,2501 etseq.,2901 etseq., 3101 et 

seq., and 3301 et seq. of Title 44, Public Printing and Documents.

Statement of expenditures, see section 49 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 46a. Employment of aliens by Secretary

The Secretary of the Smithsonian Institution, subject to adequate security and other 

investigations as he may determine to be appropriate, and subject further to a prior determination by 

him that no qualified United States citizen is available for the particular position involved, is 

authorized to employ and compensate aliens in a scientific or technical capacity at authorized rates 

of compensation without regard to statutory provisions prohibiting payment of compensation to 

aliens.

(Pub. L. 88-549, Aug. 31, 1964, 78 Stat. 754.)

§ 47. Acting Secretary

The chancellor of the Smithsonian Institution may, by an instrument in writing filed in 

the office of the Secretary thereof designate and appoint a suitable person to act as Secretary of the 

Institution when there shall be a vacancy in said office, and whenever the Secretary shall be unable 

from illness, absence, or other cause to perform the duties of his office; and in such case the person 

so appointed may perform all the duties imposed on the Secretary by law until the vacancy shall be 

filled or such inability shall cease. The said chancellor may change such designation and 

appointment from time to time as the interests of the institution may in his judgment require.

(May 13, 1884, ch. 44,23 Stat. 21.) 

PRIOR PROVISIONS

Act May 13, 1884, is derived from Act Jan. 24, 1879, ch. 21,20 Stat 264.

§ 48. Salary and removal of Secretary and assistants

The Secretary and his assistants shall, respectively, receive for their services such sum 

as may be allowed by the Board of Regents; and shall be removable by the Board of Regents 

whenever, in their judgment, the interests of the institution require such removal.

(R.S. § 5584.)

CODIFICATION

R.S. § 5584 derived from act Aug. 10, 1846, ch. 178, § 7,9 Stat 105.

Provisions which related to semi-annual payments on the first day of January and July have been omitted.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 49. Omitted

This section (Act Oct. 2, 1888, ch 1069, § 1, 25 Stat. 529) which required the 

Secretary to annually report expenditures made under appropriations for International 
Exchanges, North American Ethnology, and National Museum, was terminated, effective May 

15, 2000, pursuant to § 3003 of Act Dec. 21, 1995, P.L. 104-66, codified as a note to 31 USCS

§ 1113. See also page 192 of House Document No. 103-7. 

§ 50. Reception and arrangement of specimens and objects of art

Whenever suitable arrangements can be made from time to time for their reception, all 

objects of art and of foreign and curious research, and all objects of natural history, plants, and 

geological and mineralogical specimens belonging to the United States, which may be in the city of 

Washington, in whosesoever custody they may be, shall be delivered to such persons as may be 

authorized by the Board of Regents to receive them, and shall be so arranged and classified in the 

building erected for the Institution as best to facilitate the examination and study of them; and 

whenever new specimens in natural history, geology, or mineralogy are obtained for the museum of 

the Institution, by exchanges of duplicate specimens, which the Regents may in their discretion 

make, or by donation, which they may receive, or otherwise, the Regents shall cause such new 

specimens to be appropriately classed and arranged. The minerals, books, manuscripts, and other 

property of James Smithson, which have been received by the Government of the United States, shall 

be preserved separate and apart from other property of the Institution. 

(R. S. § 5586.)

CODIFICATION

R.S. § 5586 derived from Act Aug. 10, 1846, ch. 178, § 6,9 Stat 105.

OTHER PROVISIONS:

VERITAS astrophysical observatory project; facility authorized. Act 

Pub. L. 108-331, Oct. 16, 2004, 118 Stat. 1281; Oct. 3, 2008, P.L. 110-341, § 1(2), 122 Stat. 3738, provides:

 "Section 1. Authorizing Board of Regents of Smithsonian Institution to carry out construction and related activities in support 

of VERITAS astrophysical observatory project. The Board of Regents of the Smithsonian Institution is authorized to carry out 

construction and related activities in support of the collaborative Very Energetic Radiation Imaging Telescope Array System 

(VERITAS) project at the Fred Lawrence Whipple Observatory Base Camp on Mount Hopkins, Arizona, or other similar 

location.

 "Sec. 2. Authorization of appropriations. There is authorized to be appropriated $ 1,000,000 for fiscal year 2005 to carry out 

section 1."

PRESERVATION OF SEPTEMBER 11 ARTIFACTS IN NATIONAL MUSEUM OF AMERICAN HISTORY

Pub.L. 107-117, Div. B, Ch. 7, § 701, Jan. 10, 2002,115 Stat. 2311, provided that:

"(a) in general.-The Secretary of the Smithsonian Institution shall collect and preserve in the National Museum of American 

History artifacts relating to the September 11th attacks on the World Trade Center and the Pentagon.

"(b) Types of artifacts.-In carrying out subsection (a) [of this note], the Secretary of the Smithsonian Institution shall consider 

collecting and preserving-

"(1) pieces of the World Trade Center and the Pentagon.

"(2) still and video images made by private individuals and the media;

"(3) personal narratives of survivors, rescuers, and government officials; and

"(4) other artifacts, recordings, and testimonials that the Secretary of the Smithsonian Institution determines 

have lasting historical significance.
"(c ) Authorization of appropriations.- There is authorized to be appropriated to the Smithsonian Institution $5,000,000 to carry 

out this section [this note]."

THE SMITHSONIAN ASTROPHYSICAL OBSERVATORY SUBMILLIMETER ARRAY

Pub. L. 106-383, §§ 1 to 2, Oct. 27, 2000, 114 Stat. 1459, provided that:

"Sec. 1. Facility authorized.

"The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip laboratory, 

administrative, and support space to house base operations for the Smithsonian Astrophysical Observatory Submillimeter Array 

located on Mauna Kea at Hilo, Hawaii.

"Sec. 2. Authorization of appropriations.

"There are authorized to be appropriated to the Board of Regents of the Smithsonian Institution to carry out this Act, 

$2,000,000 for fiscal year 2001, and $2,500,000 for fiscal year 2002, which shall remain available until expended."

SMITHSONIAN INSTITUTION TRANSPORTATION PROGRAM

Pub. L. 105-178, Title I, § 1214(b), June 9, 1998, 112 Stat. 204, provided that:

"(l) In general.-The Secretary shall allocate amounts made available by this subsection for obligation at the 

discretion of the Secretary of the Smithsonian Institution, in consultation with the Secretary, to carry out projects and activities 

described in paragraph (2).

"(2) Eligible expenses.-Amounts allocated under paragraph (1) may be obligated only-

"(A) for transportation-related exhibitions, exhibits, and educational outreach programs;

"(B) to enhance the care and protection of the Nation's collection of transportation-related artifacts;

"(C) to acquire historically significant transportation-related artifacts; and

 "(D) to support research programs within the Smithsonian Institution that document the history and evolution 

of transportation, in cooperation with other museums in the United States.

"(3) Authorization of appropriations.-There is authorized to be appropriated out of the Highway Trust Fund 

(other than the Mass Transit Account) SI ,000,000 for each of fiscal years 1998 through 2003 to carry out this subsection.

"(4) Applicability of Title 23.-Funds authorized by this subsection shall be available for obligation in the same 

manner as if such funds were apportioned under chapter 1 of title 23, United States Code [section 101 et seq. of Title 23]; except 

that the Federal share of the cost of any project or activity under this subsection shall be 100 percent and such funds shall remain 

available until expended."

WEST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY BUILDING

Pub. L. 103-151, Nov. 24, 1993, 107 Stat. 1515, provided that:

"SECTION 1. PLANNING DESIGN, AND CONSTRUCTION OF WEST COURT OF NATIONAL MUSEUM OF

NATURAL HISTORY BUILDING.

"The Board of Regents of the Smithsonian Institution is authorized to plan, design, and construct the West 

Court of the National Museum of Natural History building. "SECTION 2. FUNDING.

"No appropriated funds may be used to pay any expense of the planning, design, and construction authorized by 

section 1."

EAST COURT OF NATIONAL MUSEUM OF NATURAL HISTORY MUSEUM

Pub. L. 101 -455, Oct. 24, 1990,104 Stat 1067, as amended by Pub. L. 103-98, § I (a), Oct 6, 1993, 107 Stat. 1015, provided 

that:

"SECTION 1. ADDITIONAL SPACE IN NATIONAL MUSEUM OF NATURAL HISTORY.
"The Board of Regents of the Smithsonian Institution is authorized to plan, design, construct, and equip 

approximately 80,000 square feet of space in the East Court of the National Museum of Natural History building.

"SECTION 2. AUTHORIZATION OF APPROPRIATIONS.

"There is authorized to be appropriated to the Smithsonian Institution for fiscal year 1991 and succeeding fiscal 

years not to exceed S30,000,000 to carry out this Act."

[Section 1(b) of Pub. L. 103-98 provided that: "The amendment made by subsection (a) [amending section 2 of Pub. L. 101-

455, set out above] shall take effect as of October 24, 1990."]

CONSTRUCTION OF CHARLES McC. MATHIAS. JR. LABORATORY FOR ENVIRONMENTAL RESEARCH

Pub. L. 99-617, § 1, Nov. 6, 1986,100 Stat. 3488, provided that:

"(a) Construction authorization.—The Board of Regents of the Smithsonian Institution is authorized to construct 

the Charles McC. Mathias, Jr. Laboratory for Environmental Research.

"(b) Location.—The Charles McC. Mathias, Jr. Laboratory for Environmental Research shall be located at the 

Smithsonian Environmental Research Center, a bureau of the Smithsonian Institution, located at Edgewater, Maryland.

"(c) Authorization of appropriations.—Effective October 1,1986,there is authorized to be appropriated to the 

Board of Regents of the Smithsonian Institution 51,000,000 to carry out the purposes of this section.

"(d) Transfer of funds.—Any portion of the sums appropriated to carry out the purposes of this section may be 

transferred to the General Services Administration which, in consultation with the Smithsonian Institution, isauthorized to enter 

into contracts and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such 

purposes."

SMITHSONIAN ASTROPHYSICAL OBSERVATORY AND SMITHSONIAN TROPICAL RESEARCH 

INSTITUTE; AUTHORIZATION OF CONSTRUCTION AND APPROPRIATIONS

Pub. L. 99-423, Sept. 30, 1986, 100 Stat 963, provided:

"That the Board of Regents of the Smithsonian Institution is authorized to plan and construct facilities for the 

Smithsonian Astrophysical Observatory and the Smithsonian Tropical Research Institute.

"Sec. 2. Effective October 1, 1986, there is authorized to be appropriated to the Board of Regents of the 

Smithsonian Institution:

"(a) 54,500,000 for the Smithsonian Astrophysical Observatory; and

"(b) $11,100,000 for the Smithsonian Tropical Research Institute.

"Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the 

General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts 

and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes."

FRED LAWRENCE WHIPPLE OBSERVATORY; PURCHASE OF LAND

Pub. L. 98-73, Aug. 11, 1983,97 Stat 406, provided:

"That the Smithsonian Institution is authorized to purchase land in Santa Cruz County, Arizona, for the permanent 

headquarters of the Fred Lawrence Whipple Observatory.

"Sec. 2. Effective October 1, 1984, there is authorized to be appropriated $150,000 to carry out the purposes of 

this Act."

CONSTRUCTION OF NATIONAL MUSEUM OF AFRICAN ART, CENTER FOR EASTERN ART. AND 

STRUCTURES FOR RELATED EDUCATIONAL FACILITIES

Pub. L. 97-203, §§ 1 to 3, June 24, 1982, 96 Stat. 129, provided:

"That the Board of Regents of the Smithsonian Institution is authorized to construct a building for the National 

Museum of African Art and a center for Eastern art together with structures for related educational activities in the area south 

of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street Southwest, in the city of 

Washington.

"Sec. 2. Effective October 1, 1982, there is authorized to be appropriated to the Board of Regents of the 

Smithsonian Institution $36,500,000 to carry out the purposes of this Act. Except for funds obligated or expended for planning, 

administration, and management expenses, and architectural or other consulting services, no funds appropriated pursuant to this 

section shall be obligated or expended until such time as there is available to such Board, from private donations or from other 
non-Federal sources, a sum which, when combined with the funds so appropriated, is sufficient to carry out the purposes of this 

Act.

"Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the 

General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts 

and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes."

SMITHSONIAN INSTITUTION; DEVELOPMENT OF PROPERTY ADJACENT TO ORIGINAL BUILDING

Pub. L. 96-36, July 20, 1979, 93 Stat. 94, provided:

"That the Board of Regents of the Smithsonian Institution is authorized to plan for the development of the area 

south of the original Smithsonian Institution Building adjacent to Independence Avenue at Tenth Street, Southwest, in the city 

of Washington.

"Sec. 2. Effective October 1, 1979, there is authorized to be appropriated to the Board of Regents of the 

Smithsonian Institution 5500,000 to carry out the purposes of this Act.

"Sec. 3. Any portion of the sums appropriated to carry out the purposes of this Act may be transferred to the 

General Services Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts 

and take such other action, to the extent of the sums so transferred to it, as may be necessary to carry out such purposes."

SMITHSONIAN INSTITUTION PLANS FOR AND CONSTRUCTION OF MUSEUM SUPPORT FACILITIES: 

APPROVAL OF PLANS AND SPECIFICATIONS; SITUS: TRANSFER OF LAND: APPROPRIATIONS: 

CONTRACTS BY GENERAL SERVICES ADMINISTRATION

Pub. L. 94-98, Sept. 19,1975,89 Stat 480, as amended by Pub. L. 95-569, Nov. 2, 1978, 92 Stat 2444; Pub. L. 

108-72, § 2(b), Aug. 15, 2003,117 Stat 888-890, provided:

"The Regents of the Smithsonian Institution are authorized to prepare plans for, and to construct, museum support 

facilities to be used for (1) the care, curation, conservation, deposit, preparation, and study of the national collections of 

scientific, historic, and artistic objects, specimens, and artifacts; (2) the related documentation of such collections of the 

Smithsonian Institution; and (3) the training of museum conservators. No appropriation shall be made to construct the facilities 

authorized by this Act until the Committee on Public Works and Transportation of the House of Representatives and the 

Committee on Rules and Administration of the Senate, by resolution approve the final plans and specifications of such facilities.

"Sec. 2. The museum support facilities referred to in section 1 shall be located on federally owned land within 

the metropolitan area of Washington, District of Columbia. Any Federal agency is authorized to transfer land under its 

jurisdiction to the Smithsonian Institution for such purposes without reimbursement.

"Sec. 3. There is authorized to be appropriated to the Smithsonian Institution $21,500,000 to carry out this Act 

(other than section 4). Any portion of the sums appropriated for such purposes may be transferred to the General Services 

Administration which, in consultation with the Smithsonian Institution, is authorized to enter into contracts and take such other 

action, to the extent of the sums so transferred to it, as may be necessary to cany out such purposes." [Amendment of section 3 

of this Act effective Oct. 1, 1979.]

"Sec. 4. Additional Space and Resources for National Collections Held by the Smithsonian Institution.

"(a) In General.-The Board of Regents of the Smithsonian Institution may plan, design, construct, and equip 

additional special use storage and laboratory space at the museum support facility of the Smithsonian Institution in Suitland, 

Maryland, to accommodate the care, preservation, conservation, deposit, and study of national collections held in trust by the 

Institution.

"(b) Authorization of Appropriations-There are authorized to be appropriated to carry out this sectional) 

52,000,000 for fiscal year 2003; "(2) S10,000,000 for Fiscal year 2004; and "(3) such sums as are 

necessary for each of fiscal years 2005 through 2008."

NATIONAL MUSEUM

The National Museum was not created by any express statutory provision for that purpose. It was first mentioned 

in an appropriation for postage for "the National Museum in the Smithsonian Institution," contained in Act June 20, 1874,ch. 

328, § 1,18 Stat. 103. An appropriation for a building for the use of the National Museum was made by Act Mar. 3,1879, ch. 

182, § 1, 20 Stat. 397, and annual appropriations have continuously been made for expenses of heating, etc., such building.

NATIONAL MUSEUM EXHIBIT
Res. Feb. 28, 1922, ch. 86, 42 Stat. 399, authorized the Secretary of State to transfer to the custody of the 

Secretary of the Institution for safekeeping and exhibition in the National Museum the sword of George Washington and

the staff of Benjamin Franklin, presented by Samuel T. Washington, and the sword of Andrew Jackson, presented by the family of 

General Robert Armstrong.

TRANSPORTATION OF PROPERTY

The Quartermaster-General and his officers were required to receive and transport property for the National Museum by a 

provision of Act July 5, 1884, ch. 217,23 Stat 107.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 37, 67 of this title.

§ 50a. Gellatly art collection; estimates of sums needed for preservation and maintenance

The Smithsonian Institution is authorized to include in its estimates of appropriations 

such sums as may be needful for the preservation and maintenance of the John Gellatly art collection.

(June 5, 1929, ch. 9, 46 Stat. 5)

§ 51. Library

The Regents shall make, from the interest of the fund, an appropriation, not exceeding 

an average of $25,000 annually, for the gradual formation of a library composed of valuable works 

pertaining to all departments of human knowledge. (R.S. § 5587.) 

CODIFICATION

R.S. § 5587 derived from act Aug. 10, 1846, ch. 178, § 8, 9 Stat 105.

PUBLIC USE OF RESEARCH AND STUDY FACILITIES OF CERTAIN INSTITUTIONS

Under provisions of R.S. § 94 and act Mar. 3, 1875, ch. 179, 18 Stat 512, the Joint Committee on the Library of 

Congress was authorized to extend the use of the Library to the Regents of the Smithsonian Institution. These provisions were not 

classified to the Code, being rendered superfluous by a general declaration of public policy by Congress, by a joint resolution 

adopted Apr. 12,1892, 27 Stat. 395, to the effect that facilities for study and research in the Library of Congress, the National 

Museum, and similar institutions shall be afforded investigators, students, etc., in the several states and territories as well as in 

the District of Columbia.

CROSS REFERENCES

Appropriation of interest moneys, see section 54 of this title.

Regulations governing Smithsonian Institution; see sections 151 and 152 of Title 2, The Congress.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 52. Evidence of title to site and buildings

The site and lands selected for buildings for the Smithsonian Institution shall be deemed 

appropriated to the institution, and the record of the description of such site and lands, or a copy 

thereof, certified by the chancellor and Secretary of the Board of Regents, shall be received as 

evidence in all courts of the extent and boundaries of the lands appropriated to the institution.

(R.S. § 5588.)

CODIFICATION

R.S. § 5588 derived from Act Aug. 10, 1846, ch. 178, §4, 9 Stat. 104.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.
§ 53. Protection of property

All laws for the protection of public property in the city of Washington shall apply to, and 

be in force for, the protection of the lands, buildings, and other property of the Smithsonian 

Institution. All moneys recovered by or accruing to the Institution shall be paid into the Treasury of 

the United States, to the credit of the Smithsonian bequest, and separately accounted for.

(R. S. § 5589.)

CODIFICATION

R.S. § 5589 derived from Act Aug. 10, 1846, ch. 178, § 5, 9 Stat 104.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 53a. Authorization of appropriations

Appropriations are authorized for the maintenance of the Astrophysical Observatory and 

the making of solar observations at high altitudes; for repairs and alterations of buildings and 

grounds occupied by the Smithsonian Institution in the District of Columbia and elsewhere; and for 

preparation of manuscripts, drawings, and illustrations for publications. 

(Aug. 22, 1949, ch. 494, § 2, 63 Stat. 623.)

§ 54. Appropriation of interest

So much of the property of James Smithson as has been received in money, and paid into 

the Treasury of the United States, being the sum of $541,379.63, shall be lent to the United States 

Treasury and invested in public debt securities with maturities requested by the Smithsonian 

Institution bearing interest at rates determined by the Secretary of the Treasury, based upon current 

market yields on outstanding marketable obligations of the United States of comparable maturities, 

and this interest is hereby appropriated for the perpetual maintenance and support of the Smithsonian 

Institution; and all expenditures and appropriations to be made, from time to time, to the purposes 

of the Institution shall be exclusively from the accruing interest, and not from the principal of the 

fund. All the moneys and stocks which have been, or may hereafter be, received into the Treasury 

of the United States, on account of the fund bequeathed by James Smithson, are hereby pledged to 

refund to the Treasury of the United States the sums hereby appropriated.

(R. S. § 5590; Pub. L. 97-199, § 1, June 22, 1982, 96 Stat. 121.)

CODIFICATION

R.S. § 5590 derived from Acts Aug. 10, 1846, ch. 178, § 2,9 Stat. 102; Feb. 5,1867, ch. 34, § 2,14 Stat. 391.

AMENDMENTS

1982—Pub. L. 97-199 substituted "and invested in public debt securities with maturities requested by the 

Smithsonian Institution bearing interest at rates determined by the Secretary of the Treasury, based upon current market yields on 

outstanding marketable obligations of the United States of comparable maturities, and this interest is hereby" for ", at 6 per centum 

per annum interest; and 6 per centum interest on the trust-fund and residuary legacy received into the United States Treasury, payable 

in half-yearly payments, on the first of January and July in each year, is", substituted "purposes of the Institution" for "purposes of 

the institution", and substituted "are hereby pledged" for "are pledged".

EFFECTIVE DATE OF 1982 AMENDMENT

Section 2 of Pub. L. 97-199 provided that: "The amendment made by the first section [amending this section] 

shall apply with respect to fiscal years beginning after September 30, 1982. "
CROSS REFERENCES

Expenses of Smithsonian Institution Trust Fund, see section 1321 of Title 31, Money and Finance. 

Permanent indefinite appropriation for Smithsonian Institution, see section 1305 of Title 31.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title; title 31, section 1305.

§ 55. Acceptance of other sums

The Secretary of the Treasury is authorized and directed to receive into the Treasury, on 

the same terms as the original bequest of James Smithson, such sums as the Regents may, from time 

to time, see fit to deposit, not exceeding, with the original bequest, the sum of $ 1,000,000. This shall 

not operate as a limitation on the power of the Smithsonian Institution to receive money or other 

property by gift, bequest, or devise, and to hold and dispose of the same in promotion of the purposes 

thereof. 

(R.S. § 5591; Mar. 12, 1894, ch. 36,28 Stat. 41.) 

CODIFICATION

R.S. § 5591 derived from Act Feb. 5, 1867, ch. 34, § 1, 14 Stat. 391.

AMENDMENTS

1894—Act Mar. 12, 1894, made the limitation on deposits into the treasury inapplicable to receipt of gifts, bequests 

and devises and dispositions of money or other property.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 56. Disposal of unappropriated money

The Regents are authorized to make such disposal of any other moneys which have 

accrued, or shall hereafter accrue, as interest upon the Smithsonian fund, not herein appropriated, 

or not required for the purposes herein provided, as they shall deem best suited for the promotion 

of the purpose of the testator. 

(R. S. § 5592.)

CODIFICATION

R.S. § 5592 derived from Act Aug. 10, 1846, ch. 178, §9, 9 Stat 105.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 57, 67 of this title.

§ 57. Disbursements.

Whenever money is required for the payment of the debts or performance of the contracts of the 

institution, incurred or entered into in conformity with the provisions of section 41 to 46, 48, 50, 51, 

to 53, 54 to 57, and 67 of this title, or for making the purchases and executing the objects authorized 

by said sections, the Board of Regents, or the executive committee thereof, may certify to the 

chancellor and secretary of the board that such sum of money is required, whereupon they shall 

examine the same, and, if they shall approve thereof, shall certify the same to the proper officer of 

the Treasury for payment. 

AMENDMENTS

Last sentence of this section (RS § 5593, derived from Act. Aug. 10, 1846, ch 178, § 3, 9 Stat. 103) which required the Board 
of Regents to submit a report of the operations, expenditures, and condition of the institution, was terminated, effective May 

15, 2000, pursuant to § 3003 of Act Dec. 21, 1995, P.L. 104-66, codified as a note to 31 USCS § 1113. See also page 192 of 

House Document No. 103-7.

§ 58. Omitted.

This Section, (Act Mar. 3, 1899, c. 424, § 1, 30 Stat. 1085), which required that the salaries of all officers and employees paid 

from appropriations under the Smithsonian Institution be reported to Congress annually, was terminated, effective May 15, 2000, 

pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under 31 U.S.C.A. § 1113. See, also, page 192 of 

House Document No. 103-7.

§ 59. Collections of National Ocean Survey, Geological Survey, and others deposited in

National Museum

All collections of rocks, minerals, soils, fossils, and objects of natural history, 

archaeology, and ethnology, made by the National Ocean Survey, the United States Geological 

Survey, or by any other parties for the Government of the United States, when no longer needed for 

investigations in progress shall be deposited in the National Museum.

(Mar. 3, 1879, ch. 182, § 1,20 Stat 394; 1965 Reorg. Plan No. 2, eff. July 13, 1965,30 F.R. 8819,79 Stat 1318; 1970 Reorg. 

Plan No. 4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Nov. 13, 1991, Pub. L. 102-154, Title I, 105 Stat. 1000; May 18, 

1992, Pub. L. 102-285, § 10(a), 106 Stat. 171.)

CODIFICATION

Words "Coast and Interior Survey" appearing in Act Mar. 3, 1879, were in prior editions of the Code changed to 

"Coast and Geodetic Survey." Congress nevercreated a Coast and Interior Survey. In a communication dated Nov. 6, 1940, the 

Director of the Geological Survey explained that the words "Coast and Interior Survey" were inadvertently incorporated upon 

authority of report contained in Senate Misc. Doc. No. 9, 45th Congress, 3d Session, which recommended the "Coast and 

Geodetic Survey" be changed to "United States Coast and Interior Survey" and an organization be created in the Interior 

Department to be known as the "United States Geological Survey." Congress adopted only the latter suggestion

The Coast and Geodetic Survey was consolidated with the National Weather Bureau in 1965 to form the 

Environmental Science Services Administration by Reorg. PlanNo.2of 1965, eff. July 13,1965,30F.R. 8819,79 Stat. 1318. 

The Environmental Science Services Administration was abolished in 1970 and its personnel, property, records, etc., were 

transferred to the National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 

15627, 84 Stat. 2090. By order of the Acting Associate Administrator of the National Oceanic and Atmospheric Administration, 

35 F.R. 19249, Dec. 19, 1970, the Coast and Geodetic Survey was redesignated the National Ocean Survey. See notes under 

section 311 of Title 15, Commerce and Trade.

CHANGE OF NAME

Pub. L. 102-285, § 10(a), May 18, 1992, 106 Stat. 171, redesignated the Geological Survey and provided that on and 

after May 18,1992, it shall be known as the United States Geological Survey. An earlier statute [Pub. L. 102-154, Title I, Nov. 

13, 1991, 105 Stat. 1000] had provided for the identical change of name effective on and after Nov. 13, 1991. See note under 

section 31 of Title 43, Public Lands.

NATIONAL MUSEUM

Establishment of the National Museum, see note set out under section 50 of this title.

NATIONAL MUSEUM OF AMERICAN HISTORY

Pub. L. 96-441, § 2, Oct. 13,1980,94 Stat. 1884, provided that: "The bureau of the Smithsonian Institution known 

as the Museum of History and Technology and so referred to in the Act entitled 'An Act to authorize the construction of a 

building for a Museum of History and Technology for the Smithsonian Institution, including the preparation of plans and 

specifications, and all other work incidental thereto', approved June 28, 1955 (20 U.S.C. 59 note), shall be known as the 

'National Museum of American History'."
For provision deeming references to the Museum of History and Technology in laws and regulations to be references 

to the National Museum of American History, see section 3 of Pub. L. 96-441, set out as a note under section 71 of this title.

MUSEUM OF HISTORY AND TECHNOLOGY FOR THE SMITHSONIAN INSTITUTION

Act June 28, 1955, ch. 201, 69 Stat 189, authorized construction of a building for a Museum of History and 

Technology, which was redesignated the National Museum of American History, for the use of the Smithsonian Institution, at 

a cost not to exceed $36,000,000.

§ 60. Army articles furnished to National Museum

The Secretary of the Army is authorized to furnish to the National Museum, for 

exhibition, upon request therefor by the administrative head thereof, such articles of arms, materiel, 

equipment, or clothing as have been issued from time to time to the United States Army, or which 

have been or may hereafter be produced for the United States Army, and which are objects of general 

interest or of foreign or curious research, provided that such articles can be spared. (Mar. 4,

1921,ch. 166,§ 1,41 Stat. 1438; July 26,1947, ch. 343, Title II, § 205(a), 61 Stat.501;Oct. 31,1951, 

ch. 654, § 3(4), 65 Stat. 708.) 

AMENDMENTS

1951—Act Oct. 31, 1951, struck out "are surplus or" after "articles".

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was 

changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, Title II, 61 Stat. 501. Section 205(a) of Act 

July 26, 1947, was repealed by section 53 of Act Aug. 10, 1956, ch. 1041,70A Stat. 641. Section I of Act Aug. 10, 1956, 

enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued the military Department of the Army under the 

administrative supervision of a Secretary of the Army.

SECRETARY OF AIR FORCE

For transfer of certain personal property and personal property functions, insofar as they pertain to the Air Force, 

from the Secretary of the Army to the Secretary of the Air Force, see Secretary of Defense Transfer Order No. 39 [§ 2vv], eff. 

May 18, 1949.

§§ 61 to 64. Repealed Oct. 31, 1951, ch. 654, § 1(37) to (40), 65 Stat. 702

Section 61, Act Mar. 3, 1879, ch. 182, § 1,20 stat. 397, required archives, records and materials relating to the 

Indians of North America to be turned over from the Geographical and Geological Survey to the Smithsonian Institution for 

purposes of completion of collection of information and its publication.

Section 62, Act Aug. 1, 1914, ch. 223, § 1, 38 Stat. 661, authorized the Secretary of Commerce to transfer 

instruments of historical value of the Coast and Geodetic Survey [the National Ocean Survey] to the Smithsonian Institution. 

See section 483 of Title 40, Public Buildings, Property, and Works.

Section 63, Act June 5, 1920, ch. 235, § 1,41 Stat. 930, related to transfer, by the Secretary of Commerce, of 

Coast and Geodetic Survey [the National Ocean Survey] instruments of historical value, to educational institutions and 

museums. See sections 483 and 484 of Title 40.

Section 64, Act Mar. 3, 1883, ch. 143, 22 Stat. 629, related to distribution of specimens of National Museum 

and Bureau of Fisheries to schools and colleges. See sections 483 and 484 of Title 40.

§ 65. Repealed. Pub. L. 89-674, § 3, Oct. 15, 1966, 80 Stat. 953

Section, Act July 7, 1884, ch. 332,23 Stat 214, required the Director of the National Museum to report annually 

to Congress on the progress of the Museum during the year and its present condition. See section 65a of this title.

§ 65a. Director of the National Museum

(a) Duties; programs and studies; annual report to Congress
The Director of the National Museum under the direction of the Secretary of the 

Smithsonian Institution shall— 

(1) cooperate with museums and their professional organizations in a continuing study 

of museum problems and opportunities, both in the United States and abroad;

(2) prepare and carry out programs by grant, contract, or directly for training career 

employees in museum practices in cooperation with museums, their professional organizations, and 

institutions of higher education either at the Smithsonian Institution or at the cooperating museum, 

organization, or institutions; 

(3) prepare and distribute significant museum publications;

(4) perform research on, and otherwise contribute to, the development of museum 

techniques, with emphasis on museum conservation and the development of a national institute for 

museum conservation; 

(5) cooperate with departments and agencies of the Government of the United States 

operating, assisting, or otherwise concerned with museums; and 

(6) Omitted.

(b) Authorization of appropriations

There are hereby authorized to be appropriated to the Smithsonian Institution for the 

fiscal year 1981, the sum of $803,000, and for the fiscal year 1982, the sum of $1,000,000.

(Pub.L. 89-674, §2, Oct. 15, 1966,80 Stat 953;Pub. L.91-629, §§ l,2,Dec.31, 1970,84 Stat 1875;Pub. L. 93-345, §§1,2, July 

12, 1974, 88 Stat. 339; Pub. L. 94-336, July 1, 1976,90 Stat 795; Pub. L. 96-268, June 13,1980,94 Stat. 485.)

AMENDMENTS

Subsection 20 USC 65a(a)(6), which required an annual report to Congress, was terminated effective May 15, 2000, 

pursuant to § 3003 of Act Dec. 21, 1995, P.L. 104-66, codified as a note to 31 USCS § 1113. See also page 192 of House 

Document No. 103-7.

1980—Subsec. (b). Pub.L. 96-268 substituted provisions authorizing appropriationsof S803,000 for fiscal year 

1981 and 51,000,000 for fiscal year 1982 for provisions which had authorized appropriations of 51,000,000 each year for fiscal 

years 1978, 1979, and 1980.

1976—Subsec. (b). Pub. L. 94-336 substituted provisions authorizing the appropriation of S1,000,000 each year 

for fiscal years 1978, 1979, and 1980, for provisions under which there had been authorized to be appropriated whatever sums 

as might be necessary to carry out the purposes of the section, with a proviso that no more than $1,000,000 could be appropriated 

annually through fiscal year 1977, of which no less than $200,000 was to be allocated and used to carry out subsec. (a)(4) of this 

section.

1974—Subsec. (a)(4). Pub. L. 93-345, § 1, inserted ", with emphasis on museum conservation and the 

development of a national institute for museum conservation" following "museum techniques".

Subsec. (b). Pub. L. 93-345, § 2, substituted provisions limiting to 51,000,000 the amount which maybe 

appropriated annually through fiscal year 1977, with no less than $200,000 annually to be allocated and used to carry out the

purposes of subsection (a)(4) of this section for provisions limiting to 51,000,000 the amount which could be appropriated 

annually through fiscal year 1974, of which $300,000 annually had to be allocated and used according to the formula of 331/3 

per centum for purposes of subsec. (a)(2), 33 1/3 per centum for assistance to museums under section 954(c) of this title, and 

33 1/3 per centum for assistance to museums under section 956(c) of this title.

1970—Subsec. (a)(2). Pub. L. 91-629, § 2, inserted the provisions that programs be prepared and carried out by 

grant, contract, or directly and which authorized the training of career employees in museum practices in cooperation with 

institutions of higher education, and substituted provisions which authorized training programs to be conducted either at the 

Smithsonian Institution, or at the cooperating museum, organization, or institutions, for provisions which authorized such programs 

to be conducted at the best locations.

Subsec. (b). Pub. L. 91-629, § 1, substituted provisions which authorized to be appropriated such sums as 

necessary to carry out the purposes of this section, with no more than $1,000,000 to be appropriated annually through fiscal year 

1974, of which $300,000, annually, to be allocated in the enumerated manner, for provisions which authorized to be appropriated 

to carry out this section, not to exceed $200,000 for the fiscal year ending June 30, 1968, $250,000 for the fiscal years ending 

June 30,1969, and June 30, 1970, and $300,000 for the fiscal year ending June 30,1971, and in each subsequent fiscal year, 

only such sums as the Congress hereafter authorizes by law.

SHORT TITLE
Pub. L. 89-674, § 1, provided: "That this Act [enacting this section and repealing section 65 of this title] may be 

cited as the 'National Museum Act of 1966'."

§ 66. Repealed. June 30, 1949, ch. 288, title VI, § 602(a)(19), 63 Stat. 400, eff. July 1, 1949,

renumbered Sept. 5, 1950, ch. 849, § 6(a),(b), 64 Stat. 583

Section, Act Mar. 3, 1915, ch. 75, § 1, 38 Stat. 839, related to exchange of typewriters and adding machines. 

See section 481 of Title 40, Public Buildings, Property, and Works.

§67. Right of repeal

Congress may alter, amend, add to, or repeal any of the provisions of sections 41 to 46, 

48,50,51 to 53, and 54 to 57, of this title; but no contract or individual right made or acquired under 

such provisions shall be thereby be divested or impaired. 

(R. S. § 5594.)

CODIFICATION

R.S. § 5594 derived from Act Aug. 10, 1846, ch. 178, §11,9 Stat 106.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 57 of this title.

§ 68. Repealed Oct. 10,1940, ch. 851, § 4,54 Stat. 1111

Section, Act Feb. 11, 1927, ch. 104, § 1, 44 Stat. 1081, related to advertisements for proposals for purchases 

and services. See section S of Title 41, Public Contracts.

§ 69. Anthropological researches; cooperation of Institution with States, educational

institutions, or scientific organizations

The Secretary of the Smithsonian Institution is hereby authorized to cooperate with 

any State, educational institution, or scientific organization in the United States to continue independently or in cooperation anthropological researches among the American Indians and the natives 

of lands under the jurisdiction or protection of the United States and the excavation and preservation 

of archaeological remains.

(Apr. 10, 1928, ch. 335, § 1,45 Stat. 413; Aug. 22, 1949, ch. 494, § 1, 63 Stat. 623.)

AMENDMENTS

1949—Act Aug. 22, 1949, substituted "to continue independently or in cooperation anthropological" for "for 

continuing ethnological" and inserted "and the natives of lands under the jurisdiction or protection of the United States".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 70 of this title.

§ 70. Authorization of appropriations; cooperative work

There is authorized to be appropriated, out of any money in the Treasury not otherwise 

appropriated, the sum of $20,000, which shall be available until expended for the purposes stated 

in section 69 of this title: Provided, That at such time as the Smithsonian Institution is satisfied that 

any State, educational institution, or scientific organization in any of the United States is prepared 

to contribute to such investigation and when, in its judgment such investigation shall appear 

meritorious, the Secretary of the Smithsonian Institution may direct that an amount from this sum
equal to that contributed by such State, educational institution, or scientific organization, not to 

exceed $2,000, to be expended from such sum in any one State during any calendar year, be made 

available for cooperative investigation: Provided further, That all such cooperative work and 

division of the result thereof shall be under the direction of the Secretary of the Smithsonian 

Institution: Provided further, That where lands are involved which are under the jurisdiction of the 

Bureau of Indian Affairs or the National Park Service, cooperative work thereon shall be under such 

regulations and conditions as the Secretary of the Interior may provide. 

(Apr. 10, 1928, ch. 335, § 2,45 Stat. 413.) 

Statutory provisions for individual Smithsonian Bureaus are set forth in Title 20, United States 

Code, Sections 71-85, as follows: 

Subchapter II—National Gallery of Art

Section 71. Designation of site

[Included in the "Historical and Statutory Notes" following this section are notes on: (i) 

Pub.L. 106-385, Oct. 27, 2000, 114 Stat. 1463, Renaming the National Museum of 

American Art as the Smithsonian American Art Museum; (ii) Pub.L. 98-523, Oct. 19,1984, 

98 Stat. 2433, General Post Office Building; Transfer to Smithsonian Institution for Use as 

Art Galleries; Relocation of United States International Trade Commission; (iii) Pub.L. 96-

441, §§1,3,4, Oct. 13,1980,94 Stat. 1884, renaming the National Collection of Fine Arts 

as the National Museum of American Art; and the Museum of History and Technology as 

the National Museum of American History; and (iv) Act Mar. 24, 1937, c. 50, 50 Stat. 51, 

§§ 1 to 5, designating the then-existing bureau of the Smithsonian Institution known as the 

national gallery of art as the National Collection of Fine Arts.]

71a. Additions; payment of construction costs from trust funds 

71b. Status of completed addition 

72. Board of Trustees

(a) Establishment

(b) Method of selection; term of office

73. Acceptance of gift from A. W. Mellon

74. Maintenance

(a) Pledge of funds for upkeep; authorization of appropriations

(b) Acceptance of gifts and other property; investment of funds

(c) Appointment and compensation of officers and employees

(d) Review of actions of board

74a. Permanent loan of funds by Board of Trustees to Treasury; semiannual interest 

payments to Board 

75. Authority and functions of the Board

(a) Official seal; bylaws, rules, and regulations; quorum

(b) Quality of works of art

(c) Powers and obligations

(d) Annual reports
Subchapter III—National Portrait Gallery

75a. Definitions

75b. Establishment of National Portrait Gallery; function

[Note: Patent Office Building Improvements; Pub. L. 108-72, § 3, Aug. 15, 2003,

117 Stat. 888-889.] 

75c. Creation of National Portrait Gallery Commission; members; functions; powers 

75d. Acceptance of gifts; title to property 

75 e. Powers of Board 

75f. Director; appointment and compensation; officers and employees 

75g. Authorization of appropriations 

Subchapter IV—Smithsonian Gallery of Art

76,76a. Omitted 

76b. Functions of the Regents

(a) Solicitation of construction funds

(b) Construction of the building

(c) Name of the building; supervision and control

76c. Policy to foster appreciation of past and contemporary art

(a) Solicitation of private donations

(b) Solicitation of funds to acquire and sell works of art; employ artists, award 

scholarships, etc.

76d. Donations of works of art from Government agencies

76e. Housing or exhibiting objects of art possessed by Smithsonian Institution

76f. Appointment, compensation, and duties of Director of Gallery, personnel

76g. Authorization of appropriations

Subchapter V—John F. Kennedy Center for the Performing Arts

76h. Board of Trustees

(a) Establishment

(1) In general

(2) Membership

(b) General trustees

(c) Advisory Committee on the Arts

76i. John F. Kennedy Center for the Performing Arts

(a) In general

(b) Parking garage additions and site improvements

76j. Duties of Board 

(a) Programs, activities, and goals

(b) Restriction on additional memorials 

76k. Powers of Board 

(a) Solicitation and acceptance of gifts
(b)Appointment of officers and employees

(c) Transfer of property

(d)Transfer of personnel

(e) Review of Board actions

(f) Collective bargaining

(g)Pedestrian and vehicular access

761. Official seal, Board vacancies and quorum, trustee powers and 

obligations, reports, support services, and review and audit

(a) Adoption of seal; Board function notwithstanding vacancies; quorum

(b) Powers and obligations of Board in respect of trust funds

(c) Omitted

(d) Inspector General

(e) Property and personnel compensation 

76m. Photovoltaic system 

(a) In general

(b) Report

76n. Repealed 

76o. Borrowing authority to finance parking facilities

(a) Revenue bonds

(b) Interest

(c) Kennedy Center Revenue Bond Sinking Fund

76p. Acceptance and disposition of gifts to the United States contributed in honor or 

memory of the late President John F. Kennedy 

76q. Sole national memorial to the late John F. Kennedy, within the city of Washington

and environs 

76q-1 John F. Kennedy Center Plaza

(a)Definitions

(b)Responsibilities of the Secretary

(c)Responsibilities of the Board

(d)Responsibilities of the District of Columbia

(e)Ownership

(f) National highway boundaries 

(g) GAO review

76r. Authorization of appropriations

(a) Maintenance, repair, and security

(b) Capital projects

(c) John F. Kennedy Center Plaza

(d) Limitation on use of funds 

76s. Definitions 

Subchapter VI—Joseph H. Hirshhorn Museum and Sculpture Garden

76aa. Site for museum and sculpture garden

(a) Appropriation and availability

(b) Powers and duties of Board of Regents

76bb. Joseph H. Hirshhorn Museum and Sculpture Garden

(a) Designation; administration by Board of Regents; cooperation of Board with 

Secretary of Interior

(b) Federal funds

(c) Uses

76cc. Board of Trustees
(a) Establishment; powers and duties

(b) Membership; appointment; terms of office; vacancies

76dd. Director, administrator, curators, and other personnel; appointment, compensation,

and duties 

76ee. Authorization of appropriations

Subchapter VII—National Air and Space Museum

77. Establishment of National Air and Space Museum

(a) Establishment; board; administration; reimbursement of expenses

(b) Appointment and compensation of head of museum 

77a. Functions of museum 

77b. Repealed 

77c. Museum board

(a) Seal; regulations; vacancies

(b) Annual report

77d. Transfer or loan of aeronautical or space flight equipment to museum

Subchapter VIII—Paleontological Investigations

78. Cooperation of Smithsonian Institution with State institutions for continuing 

paleontological investigations

78a. Authorization of appropriations; availability of funds; limit on use of funds during 

fiscal year; supervision; rules and regulations 

Subchapter IX—Canal Zone Biological Area

79. Barro Colorado Island in Gatun Lake to be set aside

79a. Preservation of natural features for scientific observation and investigation

79b. Functions of Smithsonian Institution

79c. Resident manager; powers and duties; compensation

79d. Deposit of receipts into Treasury; disbursements

79e. Authorization of appropriations

Subchapter X—National Armed Forces Museum Advisory Board

80. National Armed Forces Museum Advisory Board

(a) Establishment; function

(b) Membership

(c) Term of office; vacancies

(d) Quorum

(e) Compensation, travel, and other expenses

(f) Biennial organizations; rules and regulations 

80a. Display of contributions of Armed Forces

(a) Study center; historical collections

(b) National Air and Space Museum provisions unaffected
80b. Selection of site 

(a) Authorization of Board of Regents; submission of recommendations to Congress

(b)Public exhibits and study collections; exhibits of military and naval operations 

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

(a) Establishment

(b) Composition of Board

(c) Appointment of alternate members by members of Board

(d) Terms of office; vacancies; reappointment

(e) Chairman and Vice Chairman of Board 

80g. Powers and duties of Board 

(a) Appointment of scholars; gifts, bequests, etc.; grants; location of Center, physical 

facilities; compensation of officers; plans and specifications for Center

(b)Relocation assistance and programs

80g-l. Hubert H. Humphrey Fellowship in Social and Political Thought

(a) Establishment in Center

(b) Selection of Humphrey Fellow; term; compensation

(c) Functions of Humphrey Fellow; publication and dissemination by Board of 

Memorial Lectures

(d) Hubert H. Humphrey Fellowship Trust Fund; establishment, composition, 

investments, etc.

(e)Payments to Board from investments for implementation of Fellowship purposes

(f) Authorization of appropriations 

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 improvements, works of art, and other assets and 

property of Museum of African Art to Smithsonian Institution 

801. Establishment of Museum of African Art Bureau; functions 

80m. Powers of Board 

(a) Acquisition, retention, and disposition of property; research and education 

programs 

(b) Recommendations of Commission

80n. Commission for the Museum of African Art

(a) Establishment; duties

(b) Membership

(c) Terms of office

(d) Quorum; vacancies

(e) Travel, subsistence, and other expenses
(g)Selection of officers; bylaws 

80o. Director, officers, and employees; appointment, compensation, and duties 

80p. Funding 

(a) Federal funds for Museum

(b) Authorization of appropriations

Subchapter XIII—National Museum of the American Indian

80q. Findings

80q-l. National Museum of the American Indian

(a) Establishment

(b) Purposes

80q-2. Authority of the Board of Regents to enter into an agreement providing for transfer

of Heye Foundation assets to the Smithsonian Institution 

80q-3. Board of Trustees of the National Museum of the American Indian

(a) In general

(b)General duties and powers

(c) Sole authority

(d)Authority

(e) Initial appointments to the Board of Trustees

(f) Subsequent appointments to the Board of Trustees

(g)Quorum 

(h) Expenses

80q-4. Director and staff of the National Museum

(a) In general

(b) Offer of employment to Heye Foundation employees

(c) Applicability of certain civil service laws 

80q-5. Museum facilities

(a) National Museum Mall facility

(b) National Museum Heye Center facility

(c) Museum Support Center facility

(d) Minimum square footage

(e) Authority to contract with GSA

(f) Limitation on obligation of Federal funds 

80q-6. Custom House office space and auditorium

(a) Repairs and alterations

(b) Authorization of appropriation 

80q-7. Audubon Terrace 

(a) In general

(b) Determination of charges

(c) Definition

80q-8. Board of Regents functions with respect to certain agreements and programs

(a) Priority to be given to Indian organizations with respect to certain agreements

(b) Indian programs

(c) Indian Museum Management Fellowships

(d) Authorization of appropriations
80q-9. Inventory identification, and return of Indian human remains and Indian funerary 

objects in the possession of the Smithsonian Institution 

(a) Inventory and identification

(b)Notice in case of identification of tribal origin

(c) Return of Indian human remains and associated Indian funerary objects

(d)Return of Indian funerary objects not associated with Indian human remains

(e)Interpretation

(f) Authorization of appropriations 

80q-9a 

Summary and Repatriation of Unassociated Funerary Objects, Sacred Objects, and 

Cultural Patrimony 

(a) Summary

(b)Repatriation

(c) Standard of Repatriation

(d)Museum Obligation

(e) Statutory Construction

(f) Native Hawaiian Organization. Defined 

80q-10. 

Special committee to review the inventory, identification, and return of 

Indian human remains and Indian funerary objects 

(a) Establishment; duties

(b)Membership

(c) Access

(d)Pay and expenses of members

(e) Rules and administrative support

(f) Report and termination

(g)Nonapplicability of the Federal Advisory Committee Act 

(h) Authorization of appropriations 

80q-11 .Inventory, identification, and return of Native Hawaiian human remains and Native 

Hawaiian funerary objects in the possession of the Smithsonian Institution

(a) In general

(b) Definitions 

80q-12. 

Grants by the Secretary of the Interior to assist Indian tribes with respect to 

agreements for the return of Indian human remains and Indian funerary objects

(a) In general

(b) Authorization of appropriations 

80q-13. 

Grants by the Secretary of the Interior to assist Indian organizations with respect to 

renovation and repair of museum facilities and exhibit facilities

(a) Grants

(b) Indian organization contribution

(c) Tribal Museum Endowment Fund

(d) Annual report 

80q-14. 

Definitions 

80q-15. 
37

Authorization of appropriations

(a) Funding

(b) Period of availability

Subchapter XIV-National Museum of African American History and Culture

80r. Findings

80r-l. Definitions 

80r-2. Establishment of Museum 

(a) Establishment

(b) Purpose 

80r-3. Council 

(a)Establishment

(b)Duties

(c) Composition and Appointment

(d)Terms

(e)Compensation

(f) Chairperson

(g)Meetings 

(h)Quorum

80r-4. Director and Staff of the Museum

(a) Director

(b) Staff

(c) Pay

80r-5. Educational and Liaison Programs

(a) In General

(b) Grant and Scholarship Programs

80r-6. Building for the National Museum of African American History and Culture

(a) In General

(b) Cost Sharing

(c) Authorization of Appropriations 

80r-7. Congressional Budget Act Compliance

80r-8. Consideration of Recommendations of Presidential Commission 

80r-9. Authorization of Appropriations 

(a) In General

(b) Availability

(c) Use of Funds for Fundraising

Chapter 4—National Zoological Park

81. Administration by Regents of Smithsonian Institution

82. Aid in acquisition of collections

83. Omitted

84. Plans for buildings and bridges

85. Concessions

(a) Authorization; use of proceeds for research and educational work

(b) Voluntary services