--- kind: "range" citation: "20 U.S.C. §§ 41–46" title: "20" from: "41" to: "46" count: 6 release: "119-102" url: "https://uscodex.org/usc/20/41..46" --- # §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. # §42. Board of Regents; members - (a) The business of the Institution shall be conducted at the city of Washington by a [Board](/usc/20/4702.md?p=2) 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](/usc/20/954.md?p=g-4-E), but no two of them of the same [State](/usc/20/954.md?p=g-4-E). - (b) Notwithstanding any other provision of law, the [Board](/usc/20/4702.md?p=2) of Regents of the Smithsonian Institution may modify the number of members, manner of appointment of members, or tenure of members, of the [boards](/usc/20/4702.md?p=2) or [commissions](/usc/20/9701.md?p=2) under the jurisdiction of the Smithsonian Institution, other than— - (1) the [Board](/usc/20/4702.md?p=2) of Regents of the Smithsonian Institution; and - (2) the [boards](/usc/20/4702.md?p=2) or [commissions](/usc/20/9701.md?p=2) of the National Gallery of Art, the John F. Kennedy Center for the Performing Arts, and the Woodrow Wilson International Center for Scholars. # §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. # §44. Organization of board; expenses; gratuitous services The [Board](/usc/20/4702.md?p=2) of Regents shall meet in the city of Washington and elect one of their number as chancellor, who shall be the presiding [officer](/usc/20/1094.md?p=i-5) of the [Board](/usc/20/4702.md?p=2) 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](/usc/20/4702.md?p=2) of Regents. The [board](/usc/20/4702.md?p=2) shall also elect three of their own body as an executive committee, and shall fix the time for the regular meetings of the [board](/usc/20/4702.md?p=2); 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](/usc/20/4702.md?p=2) of Regents, of which he shall give notice, by letter, to each of the members; and, at any meeting of the [board](/usc/20/4702.md?p=2), eight shall constitute a quorum to do business. Each member of the [board](/usc/20/4702.md?p=2) shall be paid his necessary traveling and other actual expenses, in attending meetings of the [board](/usc/20/4702.md?p=2), which shall be audited by the executive committee, and recorded by the Secretary of the [board](/usc/20/4702.md?p=2); but his service as regent shall be gratuitous. # §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](/usc/20/4702.md?p=2) 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. # §46. Duties of Secretary The Secretary of the [Board](/usc/20/4702.md?p=2) 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](/usc/20/80r–1.md?p=3), and may, with the consent of the [Board](/usc/20/4702.md?p=2) of Regents, employ assistants.