I 

108TH CONGRESS 

1ST SESSION H. R. 3491

To establish within the Smithsonian Institution the National Museum of 

African American History and Culture, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 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 Committees on Transportation and Infrastructure and Resources, 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—
2

•HR 3491 IH 

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 that—

8 (A) is devoted to the documentation of Af9 rican American life, art, history, and culture; 

10 and 

11 (B) encompasses, on a national level—

12 (i) the period of slavery; 

13 (ii) the era of Reconstruction; 

14 (iii) the Harlem renaissance; 

15 (iv) the civil rights movement; and 

16 (v) other periods associated with Afri17 can American life, art, history, and cul18 ture; and 

19 (3) a National Museum of African American 

20 History and Culture would be dedicated to the col21 lection, preservation, research, and exhibition of Af22 rican American historical and cultural material re23 flecting the breadth and depth of the experiences of 

24 individuals of African descent living in the United 

25 States. 
3

•HR 3491 IH 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

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

4 Regents’’ means the Board of Regents of the Smith5 sonian Institution. 

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

7 National Museum of African American History and 

8 Culture Council established by section 5. 

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

10 National Museum of African American History and 

11 Culture established by section 4. 

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

13 the Secretary of the Smithsonian Institution. 

14 SEC. 4. ESTABLISHMENT OF MUSEUM. 

15 (a) ESTABLISHMENT.—There is established within 

16 the Smithsonian Institution a museum to be known as the 

17 ‘‘National Museum of African American History and Cul18 ture’’. 

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

20 to provide for—

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

22 programs relating to African American life, art, his23 tory, and culture that encompass—

24 (A) the period of slavery; 

25 (B) the era of Reconstruction; 

26 (C) the Harlem renaissance; 
4

•HR 3491 IH 

1 (D) the civil rights movement; and 

2 (E) other periods of the African American 

3 diaspora; 

4 (2) the creation and maintenance of permanent 

5 and temporary exhibits documenting the history of 

6 slavery in America and African American life, art, 

7 history, and culture during the periods referred to in 

8 paragraph (1); 

9 (3) the collection and study of artifacts and 

10 documents relating to African American life, art, 

11 history, and culture; and 

12 (4) collaboration between the Museum and 

13 other museums, historically black colleges and uni14 versities, historical societies, educational institutions, 

15 and other organizations that promote the study or 

16 appreciation of African American life, art, history, 

17 or culture, including collaboration concerning—

18 (A) development of cooperative programs 

19 and exhibitions; 

20 (B) identification, management, and care 

21 of collections; and 

22 (C) training of museum professionals. 

23 SEC. 5. COUNCIL. 

24 (a) ESTABLISHMENT.—There is established within 

25 the Smithsonian Institution a council to be known as the 
5

•HR 3491 IH 

1 ‘‘National Museum of African American History and Cul2 ture Council’’. 

3 (b) DUTIES.—

4 (1) IN GENERAL.—The Council shall—

5 (A) make recommendations to the Board 

6 of Regents concerning the planning, design, and 

7 construction of the Museum; 

8 (B) advise and assist the Board of Regents 

9 on all matters relating to the administration, 

10 operation, maintenance, and preservation of the 

11 Museum; 

12 (C) recommend annual operating budgets 

13 for the Museum to the Board of Regents; 

14 (D) report annually to the Board of Re15 gents on the acquisition, disposition, and dis16 play of objects relating to African American 

17 life, art, history, and culture; and 

18 (E) adopt bylaws for the operation of the 

19 Council. 

20 (2) PRINCIPAL RESPONSIBILITIES.—The Coun21 cil, subject to the general policies of the Board of 

22 Regents, shall have sole authority to—

23 (A) purchase, accept, borrow, and other24 wise acquire artifacts for addition to the collec25 tions of the Museum; 
6

•HR 3491 IH 

1 (B) loan, exchange, sell, and otherwise dis2 pose of any part of the collections of the Mu3 seum, but only if the funds generated by that 

4 disposition are used for additions to the collec5 tions of the Museum; or 

6 (C) specify criteria with respect to the use 

7 of the collections and resources of the Museum, 

8 including policies on programming, education, 

9 exhibitions, and research with respect to—

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

11 African Americans; 

12 (ii) the role of African Americans in 

13 the history of the United States from the 

14 period of slavery to the present; and 

15 (iii) the contributions of African 

16 Americans to society. 

17 (3) OTHER RESPONSIBILITIES.—The Council, 

18 subject to the general policies of the Board of Re19 gents, shall have authority—

20 (A) to provide for preservation, restoration, 

21 and maintenance of the collections of the Mu22 seum; and 

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

24 gifts, bequests, and devises of personal property 
7

•HR 3491 IH 

1 for the purpose of aiding and facilitating the 

2 work of the Museum. 

3 (c) COMPOSITION AND APPOINTMENT.—

4 (1) IN GENERAL.—The Council shall be com5 posed of 19 voting members as provided under para6 graph (2). 

7 (2) VOTING MEMBERS.—The Council shall in8 clude the following voting members: 

9 (A) The Secretary of the Smithsonian In10 stitution. 

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

12 appointed by the Board of Regents. 

13 (C) 17 individuals appointed by the Board 

14 of Regents—

15 (i) taking into consideration individ16 uals recommended by organizations and 

17 entities that are committed to the advance18 ment of knowledge of African American 

19 life, art, history, and culture; and 

20 (ii) taking into consideration individ21 uals recommended by the members of the 

22 Council. 

23 (3) INITIAL APPOINTMENTS.—The Board of 

24 Regents shall make initial appointments to the 
8

•HR 3491 IH 

1 Council under paragraph (2) not later than 180 

2 days after the date of enactment of this Act. 

3 (d) TERMS.—

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

5 subsection, each appointed member of the Council 

6 shall be appointed for a term of 3 years. 

7 (2) INITIAL APPOINTEES.—As designated by 

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

9 the voting members first appointed under subpara10 graph (C) of subsection (c)(2)—

11 (A) 6 members shall be appointed for a 

12 term of 1 year; 

13 (B) 6 members shall be appointed for a 

14 term of 2 years; and 

15 (C) 5 members shall be appointed for a 

16 term of 3 years. 

17 (3) REAPPOINTMENT.—A member of the Coun18 cil may be reappointed, except that no individual 

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

20 2 terms. For purposes of this paragraph, the num21 ber of terms an individual serves on the Council 

22 shall not include any portion of a term for which an 

23 individual is appointed to fill a vacancy under para24 graph (4)(B). 

25 (4) VACANCIES.—
9

•HR 3491 IH 

1 (A) IN GENERAL.—A vacancy on the 

2 Council—

3 (i) shall not affect the powers of the 

4 Council; and 

5 (ii) shall be filled in the same manner 

6 as the original appointment was made. 

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

8 appointed to fill a vacancy occurring before the 

9 expiration of the term for which the member’s 

10 predecessor was appointed shall be appointed 

11 for the remainder of that term. 

12 (e) COMPENSATION.—

13 (1) IN GENERAL.—Except as provided in para14 graph (2), a member of the Council shall serve with15 out pay. 

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

17 Council shall be allowed travel expenses, including 

18 per diem in lieu of subsistence, at rates authorized 

19 for an employee of an agency under subchapter I of 

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

21 away from the home or regular place of business of 

22 the member in the performance of the duties of the 

23 Council. 
10

•HR 3491 IH 

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

2 members, the Council shall elect a chairperson from its 

3 members. 

4 (g) MEETINGS.—

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

6 the call of the chairperson or on the written request 

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

8 but not fewer than twice each year. 

9 (2) INITIAL MEETINGS.—During the 1-year pe10 riod beginning on the date of the first meeting of the 

11 Council, the Council shall meet not fewer than 4 

12 times for the purpose of carrying out the duties of 

13 the Council under this Act. 

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

15 the Council holding office shall constitute a quorum for 

16 the purpose of conducting business, but a lesser number 

17 may receive information on behalf of the Council. 

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

19 (a) DIRECTOR.—

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

21 Director who shall be appointed by the Secretary, 

22 taking into consideration individuals recommended 

23 by the Council. 
11

•HR 3491 IH 

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

2 Museum subject to the policies of the Board of Re3 gents. 

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

5 employees to serve under the Director, except that such 

6 additional employees may be appointed without regard to 

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

8 appointments in the competitive service. 

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

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

11 provisions of chapter 51 and subchapter III of chapter 53 

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

13 of positions and General Schedule pay rates. 

14 SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS. 

15 (a) IN GENERAL.—

16 (1) PROGRAMS AUTHORIZED.—The Director of 

17 the Museum may carry out educational and liaison 

18 programs in support of the goals of the Museum. 

19 (2) SPECIFIC ACTIVITIES DESCRIBED.—In car20 rying out this section, the Director shall—

21 (A) carry out educational programs relat22 ing to African American life, art, history, and 

23 culture, including—

24 (i) programs using digital, electronic, 

25 and interactive technologies; and 
12

•HR 3491 IH 

1 (ii) programs carried out in collabora2 tion with elementary schools, secondary 

3 schools, and postsecondary schools; and 

4 (B) consult with the Director of the Insti5 tute of Museum and Library Services con6 cerning the grant and scholarship programs 

7 carried out under subsection (b). 

8 (b) GRANT AND SCHOLARSHIP PROGRAMS.—

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

10 Council and the Director of the Museum, the Direc11 tor of the Institute of Museum and Library Services 

12 shall establish—

13 (A) a grant program with the purpose of 

14 improving operations, care of collections, and 

15 development of professional management at Af16 rican American museums; 

17 (B) a grant program with the purpose of 

18 providing internship and fellowship opportuni19 ties at African American museums; 

20 (C) a scholarship program with the pur21 pose of assisting individuals who are pursuing 

22 careers or carrying out studies in the arts, hu23 manities, and sciences in the study of African 

24 American life, art, history, and culture; 
13

•HR 3491 IH 

1 (D) in cooperation with other museums, 

2 historical societies, and educational institutions, 

3 a grant program with the purpose of promoting 

4 the understanding of modern-day practices of 

5 slavery throughout the world; and 

6 (E) a grant program under which an Afri7 can-American museum (including a nonprofit 

8 education organization the primary mission of 

9 which is to promote the study of African-Amer10 ican diaspora) may use the funds provided 

11 under the grant to increase an endowment fund 

12 established by the museum (or organization) as 

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

14 (i) enhancing educational program15 ming; and 

16 (ii) maintaining and operating trav17 eling educational exhibits. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated to the Di20 rector of the Institute of Museum and Library Serv21 ices to carry out this subsection—

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

23 (B) such sums as are necessary for each 

24 fiscal year thereafter. 
14

•HR 3491 IH 

1 SEC. 8. BUILDING FOR THE NATIONAL MUSEUM OF AFRI2 CAN AMERICAN HISTORY AND CULTURE. 

3 (a) IN GENERAL.—

4 (1) LOCATION.—

5 (A) IN GENERAL.—Not later than 12 

6 months after the date of the enactment of this 

7 Act, the Board of Regents shall designate a site 

8 for the Museum. 

9 (B) SITES FOR CONSIDERATION.—In des10 ignating a site under subparagraph (A), the 

11 Board of Regents shall select from among the 

12 following sites in the District of Columbia: 

13 (i) The Arts and Industries Building 

14 of the Smithsonian Institution, located on 

15 the National Mall at 900 Jefferson Drive, 

16 Southwest, Washington, District of Colum17 bia. 

18 (ii) The area bounded by Constitution 

19 Avenue, Madison Drive, and 14th and 

20 15th Streets, Northwest. 

21 (iii) The site known as the ‘‘Liberty 

22 Loan site’’, located on 14th Street South23 west at the foot of the 14th Street Bridge. 

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

25 Overlook site’’, located on 10th Street 
15

•HR 3491 IH 

1 Southwest at the foot of the L’Enfant 

2 Plaza Promenade. 

3 (C) AVAILABILITY OF SITE.—

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

5 subparagraph (B) shall remain available 

6 until the date on which the Board of Re7 gents designates a site for the Museum 

8 under subparagraph (A). 

9 (ii) TRANSFER TO SMITHSONIAN IN10 STITUTION.—Except with respect to a site 

11 described in clause (i) of subparagraph 

12 (B), if the site designated for the Museum 

13 is in an area that is under the administra14 tive jurisdiction of a Federal agency, as 

15 soon as practicable after the date on which 

16 the designation is made, the head of the 

17 Federal agency shall transfer to the Smith18 sonian Institution administrative jurisdic19 tion over the area. 

20 (D) CONSULTATION.—The Board of Re21 gents shall carry out its duties under this para22 graph in consultation with the following: 

23 (i) The Chair of the National Capital 

24 Planning Commission. 
16

•HR 3491 IH 

1 (ii) The Chair of the Commission on 

2 Fine Arts. 

3 (iii) The Chair and Vice Chair of the 

4 Presidential Commission referred to in sec5 tion 10. 

6 (iv) The Chair of the Building and 

7 Site Subcommittee of the Presidential 

8 Commission referred to in section 10. 

9 (v) The Chair and ranking minority 

10 member of each of the following Commit11 tees: 

12 (I) The Committee on Rules and 

13 Administration of the Senate. 

14 (II) The Committee on House 

15 Administration of the House of Rep16 resentatives. 

17 (III) The Committee on Trans18 portation and Infrastructure of the 

19 House of Representatives. 

20 (IV) The Committee on Appro21 priations of the House of Representa22 tives. 

23 (V) The Committee on Appro24 priations of the Senate. 
17

•HR 3491 IH 

1 (2) CONSTRUCTION OF BUILDING.—The Board 

2 of Regents, in consultation with the Council, may 

3 plan, design, and construct a building for the Mu4 seum, which shall be located at the site designated 

5 by the Board of Regents under this paragraph. 

6 (3) NONAPPLICABILITY OF PROVISIONS RELAT7 ING TO MONUMENTS AND COMMEMORATIVE

8 WORKS.—Chapter 89 of title 40, United States 

9 Code, shall not apply with respect to the Museum. 

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). 
18

•HR 3491 IH 

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. 

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

21 appropriated pursuant to the authorization under this sec22 tion may be used to conduct fundraising in support of the 

23 Museum from private sources.

Æ