---
kind: "section"
citation: "20 U.S.C. § 80q–4"
title: "20"
title_heading: "Education"
number: "80q–4"
heading: "Director and staff of National Museum"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/80q-4"
units:
  - "Chapter 3 — Smithsonian Institution, National Museums and Art Galleries"
  - "Subchapter XIII — National Museum of the American Indian"
---

# §80q–4. Director and staff of National Museum

- (a) **In general—** The [Secretary](/usc/20/1221.md?p=c-4) of the Smithsonian Institution shall appoint—
  - (1) a Director who, subject to the policies of the [Board of Trustees](/usc/20/80q–14.md?p=2), shall manage the [National Museum](/usc/20/80q–14.md?p=9); and
  - (2) other employees of the [National Museum](/usc/20/80q–14.md?p=9), to serve under the Director.
- (b) **Offer of employment to Heye Foundation employees—** Each employee of the [Heye Museum](/usc/20/80q–14.md?p=6) on the day before the date of the transfer of the [Heye Foundation assets](/usc/20/80q–14.md?p=5) to the Smithsonian Institution shall be offered employment with the Smithsonian Institution—
  - (1) under the usual terms of such employment; and
  - (2) at a rate of pay not less than the rate applicable to the employee on the day before the date of the transfer.
- (c) **Applicability of certain civil service laws—** The [Secretary](/usc/20/1221.md?p=c-4) may—
  - (1) appoint the Director, 2 employees under [subsection (a)(2)](#a-2), and the employees under [subsection (b)](#b) without regard to the provisions of [title 5](/usc/5.md), governing appointments in the competitive service;
  - (2) fix the pay of the Director and such 2 employees without regard to the provisions of [chapter 51](/usc/20/chch51.md) and subchapter III of [chapter 53](/usc/20/chch53.md) of such title, relating to classification and General Schedule pay rates; and
  - (3) fix the pay of the employees under [subsection (b)](#b) in accordance with the provisions of [chapter 51](/usc/20/chch51.md) and subchapter III of [chapter 53](/usc/20/chch53.md) of such title, relating to classification and General Schedule pay rates, subject to [subsection (b)(2)](#b-2).

## Source credit

(Pub. L. 101–185, § 6, Nov. 28, 1989, 103 Stat. 1339.)
