---
kind: "section"
citation: "20 U.S.C. § 80r–3"
title: "20"
title_heading: "Education"
number: "80r–3"
heading: "Council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/80r-3"
units:
  - "Chapter 3 — Smithsonian Institution, National Museums and Art Galleries"
  - "Subchapter XIV — National Museum of African American History and Culture"
---

# §80r–3. Council

- (a) **Establishment—** There is established within the Smithsonian Institution a [council](/usc/20/80r–1.md?p=2) to be known as the “National [Museum](/usc/20/80r–1.md?p=3) of African American History and Culture [Council](/usc/20/80r–1.md?p=2)”.
- (b) **Duties—**
  - (1) **In general—** The [Council](/usc/20/80r–1.md?p=2) shall—
    - (A) make recommendations to the [Board of Regents](/usc/20/80r–1.md?p=1) concerning the planning, design, and construction of the [Museum](/usc/20/80r–1.md?p=3);
    - (B) advise and assist the [Board of Regents](/usc/20/80r–1.md?p=1) on all matters relating to the administration, operation, maintenance, and preservation of the [Museum](/usc/20/80r–1.md?p=3);
    - (C) recommend annual operating budgets for the [Museum](/usc/20/80r–1.md?p=3) to the [Board of Regents](/usc/20/80r–1.md?p=1);
    - (D) report annually to the [Board of Regents](/usc/20/80r–1.md?p=1) 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](/usc/20/80r–1.md?p=2).
  - (2) **Principal responsibilities—** The [Council](/usc/20/80r–1.md?p=2), subject to the general policies of the [Board of Regents](/usc/20/80r–1.md?p=1), shall have sole authority to—
    - (A) purchase, accept, borrow, and otherwise acquire artifacts for addition to the collections of the [Museum](/usc/20/80r–1.md?p=3);
    - (B) loan, exchange, sell, and otherwise dispose of any part of the collections of the [Museum](/usc/20/80r–1.md?p=3), but only if the funds generated by that disposition are used for additions to the collections of the [Museum](/usc/20/80r–1.md?p=3); or
    - (C) specify criteria with respect to the use of the collections and resources of the [Museum](/usc/20/80r–1.md?p=3), 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](/usc/20/80r–1.md?p=2), subject to the general policies of the [Board of Regents](/usc/20/80r–1.md?p=1), shall have authority—
    - (A) to provide for preservation, restoration, and maintenance of the collections of the [Museum](/usc/20/80r–1.md?p=3); 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](/usc/20/80r–1.md?p=3).
- (c) **Composition and appointment—**
  - (1) **In general—** The [Council](/usc/20/80r–1.md?p=2) shall be composed of 19 voting members as provided under [paragraph (2)](#c-2).
  - (2) **Voting members—** The [Council](/usc/20/80r–1.md?p=2) shall include the following voting members:
    - (A) The [Secretary](/usc/20/80r–1.md?p=4) of the Smithsonian Institution.
    - (B) One member of the [Board of Regents](/usc/20/80r–1.md?p=1), appointed by the [Board of Regents](/usc/20/80r–1.md?p=1).
    - (C) Seventeen individuals appointed by the [Board of Regents](/usc/20/80r–1.md?p=1)—
      - (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](/usc/20/80r–1.md?p=2).
  - (3) **Initial appointments—** The [Board of Regents](/usc/20/80r–1.md?p=1) shall make initial appointments to the [Council](/usc/20/80r–1.md?p=2) under [paragraph (2)](#c-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](/usc/20/80r–1.md?p=2) shall be appointed for a term of 3 years.
  - (2) **Initial appointees—** As designated by the [Board of Regents](/usc/20/80r–1.md?p=1) at the time of appointment, of the voting members first appointed under [subparagraph (C)](#c-2-C) of subsection (c)(2)—
    - (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](/usc/20/80r–1.md?p=2) may be reappointed, except that no individual may serve on the [Council](/usc/20/80r–1.md?p=2) for a total of more than 2 terms. For purposes of this paragraph, the number of terms an individual serves on the [Council](/usc/20/80r–1.md?p=2) shall not include any portion of a term for which an individual is appointed to fill a vacancy under [paragraph (4)(B)](#d-4-B).
  - (4) **Vacancies—**
    - (A) **In general—** A vacancy on the [Council](/usc/20/80r–1.md?p=2)—
      - (i) shall not affect the powers of the [Council](/usc/20/80r–1.md?p=2); and
      - (ii) shall be filled in the same manner as the original appointment was made.
    - (B) **Term—** Any member of the [Council](/usc/20/80r–1.md?p=2) 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)](#e-2), a member of the [Council](/usc/20/80r–1.md?p=2) shall serve without pay.
  - (2) **Travel expenses—** A member of the [Council](/usc/20/80r–1.md?p=2) 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](/usc/5/chptIII/sptD/ch57.md) 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](/usc/20/80r–1.md?p=2).
- (f) **Chairperson—** By a majority vote of its voting members, the [Council](/usc/20/80r–1.md?p=2) shall elect a chairperson from its members.
- (g) **Meetings—**
  - (1) **In general—** The [Council](/usc/20/80r–1.md?p=2) shall meet at the call of the chairperson or on the written request of a majority of the voting members of the [Council](/usc/20/80r–1.md?p=2), 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](/usc/20/80r–1.md?p=2), the [Council](/usc/20/80r–1.md?p=2) shall meet not fewer than 4 times for the purpose of carrying out the duties of the [Council](/usc/20/80r–1.md?p=2) under this subchapter.
- (h) **Quorum—** A majority of the voting members of the [Council](/usc/20/80r–1.md?p=2) holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the [Council](/usc/20/80r–1.md?p=2).

## Source credit

(Pub. L. 108–184, § 5, Dec. 16, 2003, 117 Stat. 2677.)