20 U.S.C. § 80t–2 (EDUCATION)
§ 80t–2. Council
(a) Establishment
There is established within the Smithsonian Institution a council to carry out the duties set forth under subsection (b) and other provisions of this subchapter 1 (referred to in this section as the “Council”).
(b) Duties
(1) In general
The Council established under this section shall—
(A) make recommendations to the Board of Regents concerning the planning, design, and construction of the Museum;
(B) advise and assist the Board of Regents on all matters relating to the administration, operation, maintenance, and preservation of the Museum;
(C) recommend annual operating budgets for the Museum to the Board of Regents;
(D) report annually to the Board of Regents on the acquisition, disposition, and display of objects relating to women’s art, history, and culture; and
(E) adopt bylaws for the operation of the Council.
(2) Principal responsibilities
The Council, subject to the general policies of the Board of Regents, shall have sole authority to—
(A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the Museum;
(B) loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, but only if the funds generated by that disposition are used for additions to the collections of the Museum; or
(C) specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research with respect to—
(i) the life, art, history, and culture of women;
(ii) the role of women in the history of the United States; and
(iii) the contributions of women to society.
(3) Other responsibilities
The Council, subject to the general policies of the Board of Regents, shall have authority—
(A) to provide for preservation, restoration, and maintenance of the collections of the Museum; and
(B) to solicit, accept, use, and dispose of gifts, bequests, and devises of personal property for the purpose of aiding and facilitating the work of the Museum.
(4) Ensuring diversity of political viewpoints in exhibits and programs
In carrying out its duties, the Council shall ensure that the exhibits and programs of the Museum reflect, to the extent practicable, an equal representation of the diversity of the political viewpoints held by women of the United States on the events and issues relating to the history of women in the United States.
(c) Composition and appointment
(1) In general
The Council shall be composed of 25 voting members as provided under paragraph (2).
(2) Voting members
The Council shall include the following voting members:
(A) One member appointed by the majority leader of the Senate.
(B) One member appointed by the minority leader of the Senate.
(C) One member appointed by the Speaker of the House of Representatives.
(D) One member appointed by the minority leader of the House of Representatives.
(E) The Secretary of the Smithsonian Institution.
(F) One member of the Board of Regents, appointed by the Board of Regents.
(G) Nineteen individuals appointed by the Board of Regents. In appointing members under this subparagraph, the Board of Regents should give special consideration to appointing—
(i) members of the Congressional Commission;
(ii) board members of the National Women’s History Museum, a nonprofit, educational organization described in section 501(c)(3) of title 26 that was incorporated in 1996 in the District of Columbia and that is dedicated for the purpose of establishing a women’s history museum; and
(iii) scholars and representatives of organizations that are committed to the study of women’s history.
(3) Initial appointments
The Board of Regents shall make initial appointments to the Council under paragraph (2) not later than 180 days after December 27, 2020.
(d) Terms
(1) In general
Except as provided in this subsection, each appointed member of the Council shall be appointed for a term of 3 years.
(2) Initial appointees
As designated by the Board of Regents at the time of appointment, of the voting members first appointed under subparagraph (G) of subsection (c)(2)—
(A) 7 members shall be appointed for a term of 1 year;
(B) 6 members shall be appointed for a term of 2 years; and
(C) 6 members shall be appointed for a term of 3 years.
(3) Reappointment
A member of the Council may be reappointed, except that no individual may serve on the Council for a total of more than 2 terms. For purposes of this paragraph, the number of terms an individual serves on the Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B).
(4) Vacancies
(A) In general
A vacancy on the Council—
(i) shall not affect the powers of the Council; and
(ii) shall be filled in the same manner as the original appointment was made.
(B) Term
Any member of the Council appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.
(e) Compensation
(1) In general
Except as provided in paragraph (2), a member of the Council shall serve without pay.
(2) Travel expenses
A member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Council.
(f) Chairperson
By a majority vote of its voting members, the Council shall elect a chairperson from its members.
(g) Meetings
(1) In general
The Council shall meet at the call of the chairperson or on the written request of a majority of the voting members of the Council, but not fewer than twice each year.
(2) Initial meetings
During the 1-year period beginning on the date of the first meeting of the Council, the Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Council under this subchapter.1
(h) Quorum
A majority of the voting members of the Council holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Council.
(Pub. L. 116–260, div. T, title I, § 104, Dec. 27, 2020, 134 Stat. 2273.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in subsecs. (a) and (g)(2), was in the original “this Act”, and was translated as reading “this title”, meaning title I of div. T of Pub. L. 116–260, known as the Smithsonian American Women’s History Museum Act, which is classified to this subchapter, to reflect the probable intent of Congress.