H. R. 3491

One Hundred Eighth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the seventh day of January, two thousand and three

An Act

To establish within the Smithsonian Institution the National Museum of African

American History and Culture, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

American History and Culture Act’’.

SEC. 2. FINDINGS.

Congress finds that—

(1) since its founding, the United States has grown into

a symbol of democracy and freedom around the world, and

the legacy of African Americans is rooted in the very fabric

of the democracy and freedom of the United States;

(2) there exists no national museum within the Smithsonian Institution that—

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

(B) encompasses, on a national level—

(i) the period of slavery;

(ii) the era of Reconstruction;

(iii) the Harlem renaissance;

(iv) the civil rights movement; and

(v) other periods associated with African American

life, art, history, and culture; and

(3) a National Museum of African American History and

Culture would be dedicated to the collection, preservation,

research, and exhibition of African American historical and

cultural material reflecting the breadth and depth of the experiences of individuals of African descent living in the United

States.

SEC. 3. DEFINITIONS.

In this Act:

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

means the Board of Regents of the Smithsonian Institution.

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

Museum of African American History and Culture Council

established by section 5.

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

Museum of African American History and Culture established

by section 4.
H. R. 3491—2

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

of the Smithsonian Institution.

SEC. 4. ESTABLISHMENT OF MUSEUM.

(a) ESTABLISHMENT.—There is established within the Smithsonian Institution a museum to be known as the ‘‘National Museum

of African American History and Culture’’. (b) PURPOSE.—The purpose of the Museum shall be to provide

for— (1) the collection, study, and establishment of programs

relating to African American life, art, history, and culture that

encompass—(A) the period of slavery;

(B) the era of Reconstruction;

(C) the Harlem renaissance;

(D) the civil rights movement; and

(E) other periods of the African American diaspora;

(2) the creation and maintenance of permanent and temporary exhibits documenting the history of slavery in America

and African American life, art, history, and culture during

the periods referred to in paragraph (1);

(3) the collection and study of artifacts and documents

relating to African American life, art, history, and culture;

and

(4) collaboration between the Museum and other museums,

historically black colleges and universities, historical societies,

educational institutions, and other organizations that promote

the study or appreciation of African American life, art, history,

or culture, including collaboration concerning— (A) development of cooperative programs and exhibitions;

(B) identification, management, and care of collections;

and

(C) training of museum professionals.

SEC. 5. COUNCIL.

(a) ESTABLISHMENT.—There is established within the Smithsonian Institution a council to be known as the ‘‘National Museum

of African American History and Culture Council’’. (b) DUTIES.— (1) IN GENERAL.—The Council shall— (A) make recommendations to the Board of Regents

concerning the planning, design, and construction of the

Museum;

(B) advise and assist the Board of Regents on all

matters relating to the administration, operation, maintenance, and preservation of the Museum;

(C) recommend annual operating budgets for the

Museum to the Board of Regents;

(D) report annually to the Board of Regents 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.

(2) PRINCIPAL RESPONSIBILITIES.—The Council, subject to

the general policies of the Board of Regents, shall have sole

authority to—

(A) purchase, accept, borrow, and otherwise acquire

artifacts for addition to the collections of the Museum;
H. R. 3491—3

(B) loan, exchange, sell, and otherwise dispose of any

part of the collections of the Museum, but only if the

funds generated by that disposition are used for additions

to the collections of the Museum; or

(C) specify criteria with respect to the use of the collections and resources of the Museum, 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, subject to the

general policies of the Board of Regents, shall have authority—

(A) to provide for preservation, restoration, and maintenance of the collections of the Museum; 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.

(c) COMPOSITION AND APPOINTMENT.—

(1) IN GENERAL.—The Council shall be composed of 19

voting members as provided under paragraph (2).

(2) VOTING MEMBERS.—The Council shall include the following voting members:

(A) The Secretary of the Smithsonian Institution.

(B) One member of the Board of Regents, appointed

by the Board of Regents.

(C) Seventeen individuals appointed by the Board of

Regents—

(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.

(3) INITIAL APPOINTMENTS.—The Board of Regents shall

make initial appointments to the Council under paragraph

(2) not later than 180 days after the date of enactment of

this Act.

(d) TERMS.—

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

each appointed member of the Council shall be appointed for

a term of 3 years.

(2) INITIAL APPOINTEES.—As designated by the Board of

Regents at the time of appointment, of the voting members

first appointed under subparagraph (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 may be

reappointed, except that no individual may serve on the Council
H. R. 3491—4

for a total of more than 2 terms. For purposes of this paragraph,

the number of terms an individual serves on the Council shall

not include any portion of a term for which an individual

is appointed to fill a vacancy under paragraph (4)(B).

(4) VACANCIES.— (A) IN GENERAL.—A vacancy on the Council— (i) shall not affect the powers of the Council; and

(ii) shall be filled in the same manner as the

original appointment was made.

(B) TERM.—Any member of the Council 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), a

member of the Council shall serve without pay.

(2) TRAVEL EXPENSES.—A member of the Council 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 of title 5, United States Code,

while away from the home or regular place of business of

the member in the performance of the duties of the Council.

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

the Council shall elect a chairperson from its members.

(g) MEETINGS.— (1) IN GENERAL.—The Council shall meet at the call of

the chairperson or on the written request of a majority of

the voting members of the Council, 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, the Council

shall meet not fewer than 4 times for the purpose of carrying

out the duties of the Council under this Act.

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

holding office shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information

on behalf of the Council.

SEC. 6. DIRECTOR AND STAFF OF THE MUSEUM.

(a) DIRECTOR.— (1) IN GENERAL.—The Museum shall have a Director who

shall be appointed by the Secretary, taking into consideration

individuals recommended by the Council.

(2) DUTIES.—The Director shall manage the Museum subject to the policies of the Board of Regents.

(b) STAFF.—The Secretary may appoint two additional

employees to serve under the Director, except that such additional

employees may be appointed without regard to the provisions of

title 5, United States Code, governing appointments in the competitive service.

(c) PAY.—The employees appointed by the Secretary under subsection (b) may be paid without regard to the provisions of chapter

51 and subchapter III of chapter 53 of title 5, United States Code,

relating to classification of positions and General Schedule pay

rates.

SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS.

(a) IN GENERAL.—
H. R. 3491—5

(1) PROGRAMS AUTHORIZED.—The Director of the Museum

may carry out educational and liaison programs in support

of the goals of the Museum.

(2) SPECIFIC ACTIVITIES DESCRIBED.—In carrying out this

section, the Director shall—

(A) carry out educational programs relating to African

American life, art, history, and culture, including—

(i) programs using digital, electronic, and interactive technologies; and

(ii) programs carried out in collaboration with

elementary schools, secondary schools, and postsecondary schools; and

(B) consult with the Director of the Institute of

Museum and Library Services concerning the grant and

scholarship programs carried out under subsection (b).

(b) GRANT AND SCHOLARSHIP PROGRAMS.—

(1) IN GENERAL.—In consultation with the Council and

the Director of the Museum, the Director of the Institute of

Museum and Library Services shall establish—

(A) a grant program with the purpose of improving

operations, care of collections, and development of professional management at African American museums;

(B) a grant program with the purpose of providing

internship and fellowship opportunities at African American museums;

(C) a scholarship program with the purpose of assisting

individuals who are pursuing careers or carrying out

studies in the arts, humanities, and sciences in the study

of African American life, art, history, and culture;

(D) in cooperation with other museums, historical societies, and educational institutions, a grant program with

the purpose of promoting the understanding of modernday practices of slavery throughout the world; and

(E) a grant program under which an African-American

museum (including a nonprofit education organization the

primary mission of which is to promote the study of AfricanAmerican diaspora) may use the funds provided under

the grant to increase an endowment fund established by

the museum (or organization) as of May 1, 2003, for the

purposes of—

(i) enhancing educational programming; and

(ii) maintaining and operating traveling educational exhibits.

(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Director of the Institute of

Museum and Library Services to carry out this subsection—

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

(B) such sums as are necessary for each fiscal year

thereafter.

SEC. 8. BUILDING FOR THE NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE.

(a) IN GENERAL.— (1) LOCATION.—

(A) IN GENERAL.—Not later than 12 months after the

date of the enactment of this Act, the Board of Regents

shall designate a site for the Museum.
H. R. 3491—6

(B) SITES FOR CONSIDERATION.—In designating a site

under subparagraph (A), the Board of Regents shall select

from among the following sites in the District of Columbia:

(i) The Arts and Industries Building of the

Smithsonian Institution, located on the National Mall

at 900 Jefferson Drive, Southwest, Washington, District of Columbia.

(ii) The area bounded by Constitution Avenue,

Madison Drive, and 14th and 15th Streets, Northwest.

(iii) The site known as the ‘‘Liberty Loan site’’,

located on 14th Street Southwest at the foot of the

14th Street Bridge.

(iv) The site known as the ‘‘Banneker Overlook

site’’, located on 10th Street Southwest at the foot

of the L’Enfant Plaza Promenade.

(C) AVAILABILITY OF SITE.—

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

(B) shall remain available until the date on which

the Board of Regents designates a site for the Museum

under subparagraph (A).

(ii) TRANSFER TO SMITHSONIAN INSTITUTION.—

Except with respect to a site described in clause (i)

of subparagraph (B), if the site designated for the

Museum is in an area that is under the administrative

jurisdiction of a Federal agency, as soon as practicable

after the date on which the designation is made, the

head of the Federal agency shall transfer to the

Smithsonian Institution administrative jurisdiction

over the area.

(D) CONSULTATION.—The Board of Regents shall carry

out its duties under this paragraph in consultation with

the following:

(i) The Chair of the National Capital Planning

Commission.

(ii) The Chair of the Commission on Fine Arts.

(iii) The Chair and Vice Chair of the Presidential

Commission referred to in section 10.

(iv) The Chair of the Building and Site Subcommittee of the Presidential Commission referred to

in section 10.

(v) The Chair and ranking minority member of

each of the following Committees:

(I) The Committee on Rules and Administration of the Senate.

(II) The Committee on House Administration

of the House of Representatives.

(III) The Committee on Transportation and

Infrastructure of the House of Representatives.

(IV) The Committee on Appropriations of the

House of Representatives.

(V) The Committee on Appropriations of the

Senate.

(2) CONSTRUCTION OF BUILDING.—The Board of Regents,

in consultation with the Council, may plan, design, and construct a building for the Museum, which shall be located at

the site designated by the Board of Regents under this paragraph.
H. R. 3491—7

(3) NONAPPLICABILITY OF PROVISIONS RELATING TO MONUMENTS AND COMMEMORATIVE WORKS.—Chapter 89 of title 40,

United States Code, shall not apply with respect to the

Museum.

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

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

from Federal funds; and

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

from non-Federal sources.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as are necessary to carry out this

section.

SEC. 9. CONGRESSIONAL BUDGET ACT COMPLIANCE.

Authority under this Act to enter into contracts or to make

payments shall be effective in any fiscal year only to the extent

provided in advance in an appropriations Act, except as provided

under section 11(b).

SEC. 10. CONSIDERATION OF RECOMMENDATIONS OF PRESIDENTIAL

COMMISSION.

In carrying out their duties under this Act, the Council and

the Board of Regents shall take into consideration the reports

and plans submitted by the National Museum of African American

History and Culture Plan for Action Presidential Commission under

the National Museum of African American History and Culture

Plan for Action Presidential Commission Act of 2001 (Public Law

107–106).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to

the Smithsonian Institution to carry out this Act, other than sections 7(b) and 8—

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

(2) such sums as are necessary for each fiscal year thereafter.

(b) AVAILABILITY.—Amounts made available under subsection

(a) shall remain available until expended.
H. R. 3491—8

(c) USE OF FUNDS FOR FUNDRAISING.—Amounts appropriated

pursuant to the authorization under this section may be used to

conduct fundraising in support of the Museum from private sources.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.