I 

108TH CONGRESS 

1ST SESSION H. R. 2205

To establish within the Smithsonian Institution the National Museum of 

African American History and Culture, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2003

Mr. LEWIS of Georgia (for himself and Mr. KINGSTON) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL

To establish within the Smithsonian Institution the National 

Museum of African American History and Culture, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Museum of 

5 African American History and Culture Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that—
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1 (1) since its founding, the United States has 

2 grown into a symbol of democracy and freedom 

3 around the world, and the legacy of African Ameri4 cans is rooted in the very fabric of the democracy 

5 and freedom of the United States; 

6 (2) there exists no national museum within the 

7 Smithsonian Institution located on the National Mall 

8 that—

9 (A) is devoted to the documentation of Af10 rican American life, art, history, and culture; 

11 and 

12 (B) encompasses, on a national level—

13 (i) the period of slavery; 

14 (ii) the era of reconstruction; 

15 (iii) the Harlem renaissance; 

16 (iv) the civil rights movement; and 

17 (v) other periods associated with Afri18 can American life, art, history, and cul19 ture; and 

20 (3) a National Museum of African American 

21 History and Culture would be dedicated to the col22 lection, preservation, research, and exhibition of Af23 rican American historical and cultural material re24 flecting the breadth and depth of the experiences of 
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1 individuals of African descent living in the United 

2 States. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) BOARD OF REGENTS.—The term ‘‘Board of 

6 Regents’’ means the Board of Regents of the Smith7 sonian Institution. 

8 (2) COUNCIL.—The term ‘‘Council’’ means the 

9 National Museum of African American History and 

10 Culture Council established by section 5. 

11 (3) MUSEUM.—The term ‘‘Museum’’ means the 

12 National Museum of African American History and 

13 Culture established by section 4. 

14 (4) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Smithsonian Institution. 

16 SEC. 4. ESTABLISHMENT OF MUSEUM. 

17 (a) ESTABLISHMENT.—There is established within 

18 the Smithsonian Institution a museum to be known as the 

19 ‘‘National Museum of African American History and Cul20 ture’’. 

21 (b) PURPOSE.—The purpose of the Museum shall be 

22 to provide for—

23 (1) the collection, study, and establishment of 

24 programs relating to African American life, art, his25 tory, and culture that encompass—
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1 (A) the period of slavery; 

2 (B) the era of reconstruction; 

3 (C) the Harlem renaissance; 

4 (D) the civil rights movement; and 

5 (E) other periods of the African American 

6 diaspora; 

7 (2) the creation and maintenance of permanent 

8 and temporary exhibits documenting the history of 

9 slavery in America and African American life, art, 

10 history, and culture during the periods referred to in 

11 paragraph (1); 

12 (3) the collection and study of artifacts and 

13 documents relating to African American life, art, 

14 history, and culture; and 

15 (4) collaboration between the Museum and 

16 other museums, historically black colleges and uni17 versities, historical societies, educational institutions, 

18 and other organizations that promote the study or 

19 appreciation of African American life, art, history, 

20 or culture, including collaboration concerning—

21 (A) development of cooperative programs 

22 and exhibitions; 

23 (B) identification, management, and care 

24 of collections; and 

25 (C) training of museum professionals. 
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1 SEC. 5. COUNCIL. 

2 (a) ESTABLISHMENT.—There is established within 

3 the Smithsonian Institution a council to be known as the 

4 ‘‘National Museum of African American History and Cul5 ture Council’’. 

6 (b) DUTIES.—

7 (1) IN GENERAL.—The Council shall—

8 (A) make recommendations to the Board 

9 of Regents concerning the planning, design, and 

10 construction of the Museum; 

11 (B) advise and assist the Board of Regents 

12 on all matters relating to the administration, 

13 operation, maintenance, and preservation of the 

14 Museum; 

15 (C) recommend annual operating budgets 

16 for the Museum to the Board of Regents; 

17 (D) report annually to the Board of Re18 gents on the acquisition, disposition, and dis19 play of objects relating to African American 

20 life, art, history, and culture; and 

21 (E) adopt bylaws for the operation of the 

22 Council. 

23 (2) PRINCIPAL RESPONSIBILITIES.—The Coun24 cil, subject to the general policies of the Board of 

25 Regents, shall have sole authority to—
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1 (A) purchase, accept, borrow, and other2 wise acquire artifacts and other property for 

3 addition to the collections of the Museum; 

4 (B) loan, exchange, sell, and otherwise dis5 pose of any part of the collections of the Mu6 seum, but only if the funds generated by that 

7 disposition are used for—

8 (i) additions to the collections of the 

9 Museum; or 

10 (ii) programs carried out under sec11 tion 7(a); and 

12 (C) specify criteria with respect to the use 

13 of the collections and resources of the Museum, 

14 including policies on programming, education, 

15 exhibitions, and research with respect to—

16 (i) the life, art, history, and culture of 

17 African Americans; 

18 (ii) the role of African Americans in 

19 the history of the United States from the 

20 period of slavery to the present; and 

21 (iii) the contributions of African 

22 Americans to society. 

23 (3) OTHER RESPONSIBILITIES.—The Council, 

24 subject to the general policies of the Board of Re25 gents, shall have authority—
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1 (A) to provide for preservation, restoration, 

2 and maintenance of the collections of the Mu3 seum; and 

4 (B) to solicit, accept, use, and dispose of 

5 gifts, bequests, and devises of services and 

6 property, both real and personal, for the pur7 pose of aiding and facilitating the work of the 

8 Museum. 

9 (c) COMPOSITION AND APPOINTMENT.—

10 (1) IN GENERAL.—The Council shall be com11 posed of 19 voting members as provided under para12 graph (2). 

13 (2) VOTING MEMBERS.—The Council shall in14 clude the following voting members: 

15 (A) The Secretary of the Smithsonian In16 stitution. 

17 (B) 1 member of the Board of Regents, 

18 appointed by the Board of Regents. 

19 (C) 17 individuals appointed by the Board 

20 of Regents—

21 (i) taking into consideration individ22 uals recommended by organizations and 

23 entities that are committed to the advance24 ment of knowledge of African American 

25 life, art, history, and culture; and 
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1 (ii) taking into consideration individ2 uals recommended by the other members 

3 of the Council. 

4 (3) INITIAL APPOINTMENTS.—The Board of 

5 Regents shall make initial appointments to the 

6 Council under paragraph (2) not later than 180 

7 days after the date of enactment of this Act. 

8 (4) SPECIAL RULE FOR CERTAIN MEMBERS.—

9 Of the total number of members of the Council ap10 pointed under subparagraph (C) of paragraph (2), 

11 not fewer than 9 shall be of African-American de12 scent. 

13 (d) TERMS.—

14 (1) IN GENERAL.—Except as provided in this 

15 subsection, each appointed member of the Council 

16 shall be appointed for a term of 6 years. 

17 (2) INITIAL APPOINTEES.—As designated by 

18 the Board of Regents at the time of appointment, of 

19 the voting members first appointed under subpara20 graph (C) of subsection (c)(2)—

21 (A) 6 members shall be appointed for a 

22 term of 2 years; 

23 (B) 6 members shall be appointed for a 

24 term of 4 years; and 
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1 (C) 5 members shall be appointed for a 

2 term of 6 years. 

3 (3) REAPPOINTMENT.—A member of the Coun4 cil may be reappointed, except that no individual 

5 may serve on the Council for a total of more than 

6 2 terms. 

7 (4) VACANCIES.—

8 (A) IN GENERAL.—A vacancy on the 

9 Council—

10 (i) shall not affect the powers of the 

11 Council; and 

12 (ii) shall be filled in the same manner 

13 as the original appointment was made. 

14 (B) TERM.—Any member of the Council 

15 appointed to fill a vacancy occurring before the 

16 expiration of the term for which the member’s 

17 predecessor was appointed shall be appointed 

18 for the remainder of that term. 

19 (e) COMPENSATION.—

20 (1) IN GENERAL.—Except as provided in para21 graph (2), a member of the Council shall serve with22 out pay. 

23 (2) TRAVEL EXPENSES.—A member of the 

24 Council shall be allowed travel expenses, including 

25 per diem in lieu of subsistence, at rates authorized 
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1 for an employee of an agency under subchapter I of 

2 chapter 57 of title 5, United States Code, while 

3 away from the home or regular place of business of 

4 the member in the performance of the duties of the 

5 Council. 

6 (f) CHAIRPERSON.—By a majority vote of its voting 

7 members, the Council shall elect a chairperson from its 

8 members. 

9 (g) MEETINGS.—

10 (1) IN GENERAL.—The Council shall meet at 

11 the call of the chairperson or on the written request 

12 of a majority of the voting members of the Council, 

13 but not fewer than twice each year. 

14 (2) INITIAL MEETINGS.—During the 1-year pe15 riod beginning on the date of the first meeting of the 

16 Council, the Council shall meet not fewer than 4 

17 times for the purpose of carrying out the duties of 

18 the Council under this Act. 

19 (h) QUORUM.—A majority of the voting members of 

20 the Council holding office shall constitute a quorum for 

21 the purpose of conducting business, but a lesser number 

22 may receive information on behalf of the Council. 

23 (i) VOLUNTARY SERVICES.—Notwithstanding section 

24 1342 of title 31, United States Code, the chairperson of
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1 the Council may accept for the Council voluntary services 

2 provided by a member of the Council. 

3 SEC. 6. DIRECTOR AND STAFF OF THE MUSEUM. 

4 (a) DIRECTOR.—

5 (1) IN GENERAL.—The Museum shall have a 

6 Director who shall be appointed by the Secretary, 

7 taking into consideration individuals recommended 

8 by the Council. 

9 (2) DUTIES.—The Director shall manage the 

10 Museum subject to the policies of the Board of Re11 gents. 

12 (b) STAFF.—The Secretary may appoint 2 additional 

13 employees to serve under the Director, except that such 

14 additional employees may be appointed without regard to 

15 the provisions of title 5, United States Code, governing 

16 appointments in the competitive service. 

17 (c) PAY.—The employees appointed by the Secretary 

18 under subsection (b) may be paid without regard to the 

19 provisions of chapter 51 and subchapter III of chapter 53 

20 of title 5, United States Code, relating to classification 

21 of positions and General Schedule pay rates. 

22 SEC. 7. OFFICE OF EDUCATION AND LIAISON PROGRAMS. 

23 (a) IN GENERAL.—
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1 (1) ESTABLISHMENT.—There is established 

2 within the Museum the Office of Education and Li3 aison Programs. 

4 (2) FUNCTIONS.—The Office of Education and 

5 Liaison Programs shall—

6 (A) carry out educational programs relat7 ing to African American life, art, history, and 

8 culture, including—

9 (i) programs using digital, electronic, 

10 and interactive technologies; and 

11 (ii) programs carried out in collabora12 tion with elementary schools, secondary 

13 schools, and postsecondary schools; and 

14 (B) consult with the Director of the Insti15 tute of Museum and Library Services con16 cerning the grant and scholarship programs 

17 carried out under subsection (b). 

18 (b) GRANT AND SCHOLARSHIP PROGRAMS.—

19 (1) IN GENERAL.—In consultation with the 

20 Council and the Office of Education and Liaison 

21 Programs, the Director of the Institute of Museum 

22 and Library Services shall establish—

23 (A) a grant program with the purpose of 

24 improving operations, care of collections, and 
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1 development of professional management at Af2 rican American museums; 

3 (B) a grant program with the purpose of 

4 providing internship and fellowship opportuni5 ties at African American museums; 

6 (C) a scholarship program with the pur7 pose of assisting individuals who are pursuing 

8 careers or carrying out studies in the arts, hu9 manities, and sciences in the study of African 

10 American life, art, history, and culture; 

11 (D) in cooperation with other museums, 

12 historical societies, and educational institutions, 

13 a grant program with the purpose of promoting 

14 the understanding of modern-day practices of 

15 slavery throughout the world; and 

16 (E) a grant program under which an Afri17 can-American museum (including a nonprofit 

18 education organization the primary mission of 

19 which is to promote the study of African-Amer20 ican diaspora) may use the funds provided 

21 under the grant to increase an endowment fund 

22 established by the museum (or organization) as 

23 of May 1, 2003, for the purposes of—

24 (i) enhancing educational program25 ming; and 
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1 (ii) maintaining and operating trav2 eling educational exhibits. 

3 (2) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to the Di5 rector of the Institute of Museum and Library Serv6 ices to carry out this subsection—

7 (A) $15,000,000 for fiscal year 2004; and 

8 (B) such sums as are necessary for each 

9 fiscal year thereafter. 

10 SEC. 8. BUILDING FOR THE NATIONAL MUSEUM OF AFRI11 CAN AMERICAN HISTORY AND CULTURE. 

12 (a) IN GENERAL.—

13 (1) LOCATION.—

14 (A) IN GENERAL.—Not later than 18 

15 months after the date of the enactment of this 

16 Act, the Board of Regents shall designate a site 

17 for the Museum. 

18 (B) SITES FOR CONSIDERATION.—In des19 ignating a site under subparagraph (A), the 

20 Board of Regents shall select from among the 

21 following sites in the District of Columbia: 

22 (i) The area bounded by Constitution 

23 Avenue, Pennsylvania Avenue, and 1st and 

24 3rd Streets, Northwest.
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1 (ii) The Arts and Industries Building 

2 of the Smithsonian Institution, located on 

3 the National Mall at 900 Jefferson Drive, 

4 Southwest, Washington, District of Colum5 bia. 

6 (iii) The area bounded by Constitution 

7 Avenue, Madison Drive, and 14th and 

8 15th Streets, Northwest. 

9 (iv) The site known as the ‘‘Liberty 

10 Loan site’’, located on 14th Street South11 west at the foot of the 14th Street Bridge. 

12 (C) AVAILABILITY OF SITE.—

13 (i) IN GENERAL.—A site described in 

14 subparagraph (B) shall remain available 

15 until the date on which the Board of Re16 gents designates a site for the Museum 

17 under subparagraph (A)(i). 

18 (ii) TRANSFER TO SMITHSONIAN IN19 STITUTION.—Except with respect to a site 

20 described in clause (i) or (ii) of subpara21 graph (B), if the site designated for the 

22 Museum is in an area that is under the ad23 ministrative jurisdiction of a Federal agen24 cy, as soon as practicable after the date on 

25 which the designation is made, the head of 
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1 the Federal agency shall transfer to the 

2 Smithsonian Institution administrative ju3 risdiction over the area. 

4 (D) CONSULTATION.—The Board of Re5 gents shall carry out its duties under this para6 graph in consultation with—

7 (i) the Chair of the National Capital 

8 Planning Commission; 

9 (ii) the Chair of the Commission on 

10 Fine Arts; 

11 (iii) the Chair and Vice Chair of the 

12 Presidential Commission referred to in sec13 tion 10; 

14 (iv) the Chair of the Building and Site 

15 Subcommittee of the Presidential Commis16 sion referred to in section 10; and 

17 (v) the Chair and ranking minority 

18 member of the Committees on Appropria19 tions and Rules and Administration of the 

20 Senate and the Chair and ranking minority 

21 member of the Committees on Appropria22 tions, House Administration, and Trans23 portation and Infrastructure of the House 

24 of Representatives. 
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1 (2) CONSIDERATION.—The Board of Regents 

2 shall take into consideration the recommendations of 

3 the Council concerning the planning, design, and 

4 construction of the Museum. 

5 (3) CONSTRUCTION OF BUILDING.—The Board 

6 of Regents, in consultation with the Council, may 

7 plan, design, and construct a building for the Mu8 seum, which shall be located at the site designated 

9 by the Board of Regents under this paragraph. 

10 (b) COST SHARING.—The Board of Regents shall 

11 pay—

12 (1) 50 percent of the costs of carrying out this 

13 section from Federal funds; and 

14 (2) 50 percent of the costs of carrying out this 

15 section from non-Federal sources. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated such sums as are nec18 essary to carry out this section. 

19 SEC. 9. CONGRESSIONAL BUDGET ACT COMPLIANCE. 

20 Authority under this Act to enter into contracts or 

21 to make payments shall be effective in any fiscal year only 

22 to the extent provided in advance in an appropriations 

23 Act, except as provided under section 11(b). 
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1 SEC. 10. CONSIDERATION OF RECOMMENDATIONS OF 

2 PRESIDENTIAL COMMISSION. 

3 In carrying out their duties under this Act, the Coun4 cil and the Board of Regents shall take into consideration 

5 the reports and plans submitted by the National Museum 

6 of African American History and Culture Plan for Action 

7 Presidential Commission under the National Museum of 

8 African American History and Culture Plan for Action 

9 Presidential Commission Act of 2001 (Public Law 107–

10 106). 

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There are authorized to be appro13 priated to the Smithsonian Institution to carry out this 

14 Act, other than sections 7(b) and 8—

15 (1) $17,000,000 for fiscal year 2004; and 

16 (2) such sums as are necessary for each fiscal 

17 year thereafter. 

18 (b) AVAILABILITY.—Amounts made available under 

19 subsection (a) shall remain available until expended.

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