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,
Editorial Notes
Codification
R.S. §5579 derived from acts Aug. 10, 1846, ch. 178, §1,
R.S. §§5579 to 5594 (codified as
R.S. §5579, as originally enacted, constituted the President, the Vice-President, the Secretaries of State, the Treasury, War, and the Navy, the Postmaster-General, the Attorney-General, the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".
Statutory Notes and Related Subsidiaries
Short Title of 2003 Amendment
Short Title of 1966 Amendment
§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,
Editorial Notes
Codification
R.S. §5580 derived from acts Aug. 10, 1846, ch. 178, §3,
Amendments
1998—
1970—
1894—Act Mar. 12, 1894, struck out "the governor of the District of Columbia" after "the Chief Justice of the United States,".
§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 re-election, 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;
Editorial Notes
Codification
R.S. §5581 derived from act Aug. 10, 1846, ch. 178, §3,
Amendments
1970—
§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;
Editorial Notes
Codification
R.S. §5582 derived from act Aug. 10, 1846, ch. 178, §3,
Amendments
1970—
§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 by-laws of the institution, at which the President, and in his absence the Vice President, shall preside.
(R.S. §5585.)
Editorial Notes
Codification
R.S. §5585 derived from act Aug. 10, 1846, ch. 178, §8,
§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),
Editorial Notes
Codification
R.S. §5583 derived from act Aug. 10, 1846, ch. 178, §7,
Amendments
1951—Act Oct. 25, 1951, inserted "until no longer needed in conducting current business".
§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.
(
§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,
Editorial Notes
Prior Provisions
Similar prior provisions were contained in act Jan. 24, 1879, ch. 21,
§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.)
Editorial Notes
Codification
R.S. §5584 derived from act Aug. 10, 1846, ch. 178, §7,
Provisions which related to semi-annual payments on the first day of January and July have been omitted.
§49. Omitted
Editorial Notes
Codification
Section, act Oct. 2, 1888, ch. 1069,
§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.)
Editorial Notes
Codification
R.S. §5586 derived from act Aug. 10, 1846, ch. 178, §6,
Statutory Notes and Related Subsidiaries
Laboratory Space, Gamboa, Panama
"(a)
"(b)
Veritas Astrophysical Observatory Project; Authorization of Construction and Appropriations
"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."
Collection and Preservation of Artifacts Relating to September 11th Attacks
"(a)
"(b)
"(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)
Smithsonian Astrophysical Observatory Submillimeter Array; Authorization of Construction and Appropriations
"SECTION 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
"(1)
"(2)
"(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)
"(4)
National Health Museum
West Court of National Museum of Natural History Building
"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.
"SEC. 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 Building
"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.
"SEC. 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 $30,000,000 to carry out this Act."
[Section 1(b) of
Charles McC. Mathias, Jr. Laboratory for Environmental Research
"(a)
"(b)
"(a)
"(b)
"(c)
"(d)
Smithsonian Astrophysical Observatory and Smithsonian Tropical Research Institute; Authorization of Construction and Appropriations
"
"(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and
"(b) $11,100,000 for the Smithsonian Tropical Research Institute.
"
Fred Lawrence Whipple Observatory; Purchase of Land
Construction of National Museum of African Art, Center for Eastern Art, and Structures for Related Educational Facilities
Smithsonian Institution; Development of Property Adjacent to Original Building
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
"(a)
"(b)
"
"
"
"(a)
"(b)
"(1) $2,000,000 for fiscal year 2003;
"(2) $10,000,000 for fiscal year 2004; and
"(3) such sums as are necessary for each of fiscal years 2005 through 2008."
[Amendment of section 3 by
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,
National Museum Exhibit
Res. Feb. 28, 1922, ch. 86,
Transportation of Property
Quartermaster-General and his officers were required to receive and transport property for National Museum by a provision of act July 5, 1884, ch. 217,
§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,
§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.)
Editorial Notes
Codification
R.S. §5587 derived from act Aug. 10, 1846, ch. 178, §8,
Statutory Notes and Related Subsidiaries
Public Use of Research and Study Facilities of Certain Institutions
Under provisions of R.S. §94 and act Mar. 3, 1875, ch. 179,
§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.)
Editorial Notes
Codification
R.S. §5588 derived from act Aug. 10, 1846, ch. 178, §4,
§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.)
Editorial Notes
Codification
R.S. §5589 derived from act Aug. 10, 1846, ch. 178, §5,
§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,
§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;
Editorial Notes
Codification
R.S. §5590 derived from acts Aug. 10, 1846, ch. 178, §2,
Amendments
1982—
Statutory Notes and Related Subsidiaries
Effective Date of 1982 Amendment
§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,
Editorial Notes
Codification
R.S. §5591 derived from act Feb. 5, 1867, ch. 34, §1,
Amendments
1894—Act Mar. 12, 1894, made limitation on deposits into the Treasury inapplicable to receipt of gifts, bequests and devises and dispositions of money or other property.
§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.)
Editorial Notes
Codification
R.S. §5592 derived from act Aug. 10, 1846, ch. 178, §9,
§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
(R.S. §5593.)
Editorial Notes
Codification
R.S. §5593 derived from act Aug. 10, 1846, ch. 178, §3,
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in this section relating to submitting a report to Congress at each session of Congress, see section 3003 of
§58. Omitted
Editorial Notes
Codification
Section, act Mar. 3, 1899, ch. 424, §1,
§59. Collections of National Ocean Survey, United States 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,
Editorial Notes
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 never created 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.
Statutory Notes and Related Subsidiaries
Change of Name
"United States Geological Survey" substituted in text for "Geological Survey" pursuant to provision of title I of
National Museum
Establishment of the National Museum, see note set out under
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 of 3 of
Museum of History and Technology for the Smithsonian Institution
Act June 28, 1955, ch. 201,
Executive Documents
Change of Name
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819,
§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,
Editorial Notes
Amendments
1951—Act Oct. 31, 1951, struck out "are surplus or" after "articles".
Statutory Notes and Related Subsidiaries
Change of Name
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II,
Executive Documents
Secretary of Air Force
For transfer of certain personal property and personal property functions, insofar as they pertain to the Air Force, from Secretary of the Army to 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)–(40), 65 Stat. 702
Section 61, act Mar. 3, 1879, ch. 182, §1,
Section 62, act Aug. 1, 1914, ch. 223, §1,
Section 63, act June 5, 1920, ch. 235, §1,
Section 64, act Mar. 3, 1883, ch. 143,
§65. Repealed. Pub. L. 89–674, §3, Oct. 15, 1966, 80 Stat. 953
Section, act July 7, 1884, ch. 332,
§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) report annually to the Congress on progress in these activities.
(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.
(
Editorial Notes
Amendments
1980—Subsec. (b).
1976—Subsec. (b).
1974—Subsec. (a)(4).
Subsec. (b).
1970—Subsec. (a)(2).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of reporting provisions in subsec. (a)(6) of this section, see section 3003 of
§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,
§67. Right of repeal
Congress may alter, amend, add to, or repeal any of the provisions of
(R.S. §5594.)
Editorial Notes
Codification
R.S. §5594 derived from act Aug. 10, 1846, ch. 178, §11,
§68. Repealed. Oct. 10, 1940, ch. 851, §4, 54 Stat. 1111
Section, act Feb. 11, 1927, ch. 104, §1,
§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,
Editorial Notes
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".
§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