20 U.S.C. § 80r-3 : US Code - Section 80R-3: Council

Search 20 U.S.C. § 80r-3 : US Code - Section 80R-3: Council

(a) Establishment
There is established within the Smithsonian Institution a council
to be known as the "National Museum of African American History and
Culture Council".
(b) Duties
(1) In general
The Council 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
African American life, 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 African
Americans;
(ii) the role of African Americans in the history of the
United States from the period of slavery to the present; and
(iii) the contributions of African Americans 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.
(c) Composition and appointment
(1) In general
The Council shall be composed of 19 voting members as provided
under paragraph (2).
(2) Voting members
The Council shall include the following voting members:
(A) The Secretary of the Smithsonian Institution.
(B) One member of the Board of Regents, appointed by the
Board of Regents.
(C) Seventeen individuals appointed by the Board of Regents -

(i) taking into consideration individuals recommended by
organizations and entities that are committed to the
advancement of knowledge of African American life, art,
history, and culture; and
(ii) taking into consideration individuals recommended by
the members of the Council.
(3) Initial appointments
The Board of Regents shall make initial appointments to the
Council under paragraph (2) not later than 180 days after
December 16, 2003.
(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 (C) of subsection (c)(2) of this section -
(A) six members shall be appointed for a term of 1 year;
(B) six members shall be appointed for a term of 2 years; and
(C) five 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, 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.
(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.