U.S. Code » Title 20 » Chapter CHAPTER 3— SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART GALLERIES › Subchapter SUBCHAPTER I— CHARTER PROVISIONS

20 U.S.C. § 42

Board of Regents; members

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(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, 28 Stat. 41; Pub. L. 91–551, § 1(a), Dec. 15, 1970, 84 Stat. 1439; Pub. L. 105–277, div. A, § 101(e) [title III, § 355], Oct. 21, 1998, 112 Stat. 2681–231, 2681–303.)Editorial NotesCodification

R.S. § 5580 derived from acts Aug. 10, 1846, ch. 178, § 3, 9 Stat. 103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871, ch. 1, 17 Stat. 1.

Amendments

1998—Pub. L. 105–277 designated existing provisions as subsec. (a) and added subsec. (b).

1970—Pub. L. 91–551 authorized three additional persons on the Board of Regents.

1894—Act Mar. 12, 1894, struck out “the governor of the District of Columbia” after “the Chief Justice of the United States,”.

Notes of Decisions
Cited in 25 cases (4 in the last 5 years), 1959–2026 · leading case: Mistretta v. United States, 488 U.S. 361 (1989).
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Mistretta v. United States, 488 U.S. 361 (1989). · cites it 2× “§ 5580, as amended, 20 U. S. C. § 42 , and a trustee of the National Gallery of Art, 50 Stat.”
Bowsher v. Synar, 478 U.S. 714 (1986). · cites it 2× “Surely no one would suggest that the fact that THE CHIEF JUSTICE performs executive functions for the Smithsonian Institution, 20 U. S. C. § 42 , affects his characterization as a member of the Judicial Branch of the Government.”
Expeditions Unlimited Aquatic Enter., Inc., a Corp., Norman Scott v. Smithsonian Inst., 566 F.2d 289 (D.C. Cir. 1977). “20 U.S.C. § 42 (1970). The remaining Regents are appointed by joint resolution of Congress.”
Raven v. Sajet, 334 F. Supp. 3d 22 (D.C. Cir. 2018). “20 U.S.C. § 42 . But political accountability persists.”
Jose Gubiensio-Ortiz v. Al Kanahele, Warden, Metro. Corr. Ctr., San Diego, California, United States of Am. v. Raul Chavez-Sanchez, 857 F.2d 1245 (9th Cir. 1988). “For example, the Chief Justice is ex officio a Regent of the Smithsonian Institution, 20 U.S.C. § 42 (1982), and a trustee of certain subsidiary bodies, 20 U.”
Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010). “, 20 U. S. C. §42 (a); 28 U. S. C. §991 (a) (2006 ed.”
In Re Application of the President's Comm'n on Organized Crime. Subpoena of Lorenzo Scaduto, 763 F.2d 1191 (11th Cir. 1985). “, 20 U.S.C.A. § 42 (Chief Justice member of Board of Regents of Smithsonian Institution); 20 U.”
Margaret Dong v. Smithsonian Inst., Hirshhorn Museum & Sculpture Garden, 125 F.3d 877 (D.C. Cir. 1997). “§ 43 , and six of the remaining eight are members of Congress, 20 U.S.C. § 42 . (The other two are the Vice President and the Chief Justice of the United States, id.”
Kevin O'ROuRke v. Smithsonian Inst. Press & the Smithsonian Inst., Docket No. 04-0151-Cv, 399 F.3d 113 (2d Cir. 2005). “20 U.S.C. § 42 . (Smithsonian Memorandum at 3-4).”
Comm'r of Internal Revenue v. J. I. Morgan & Frances Morgan, 272 F.2d 936 (9th Cir. 1959). “These certificates, though purchased on the installment plan, have a close resemblance to obligations issued at a discount.”
Kekoa Ex Rel. Enomoto v. Supreme Court, 516 P.2d 1239 (Haw. 1973). · cites it 2× “20 U.S.C. §§ 42 , 72. These authorities indicate that members of the American judiciary have repeatedly served in important nonjudicial posts because of the public need.”
Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 177 L. Ed. 2d 706 (2010). “, 20 U.S.C. § 42 (a); 28 U.S.C. § 991 (a) (2006 ed.”
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