108TH CONGRESS

1ST SESSION H. R. 3491

AN ACT

To establish within the Smithsonian Institution the

National Museum of African American Historyand Culture, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 3491

AN ACT

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,
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1 SECTION 1. SHORT TITLE.

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

3 African American History and Culture Act’’.

4 SEC. 2. FINDINGS.

5 Congress finds that—

6 (1) since its founding, the United States has

7 grown into a symbol of democracy and freedom

8 around the world, and the legacy of African Ameri9 cans is rooted in the very fabric of the democracy

10 and freedom of the United States;

11 (2) there exists no national museum within the

12 Smithsonian Institution that—

13 (A) is devoted to the documentation of Af14 rican American life, art, history, and culture;

15 and

16 (B) encompasses, on a national level—

17 (i) the period of slavery;

18 (ii) the era of Reconstruction;

19 (iii) the Harlem renaissance;

20 (iv) the civil rights movement; and

21 (v) other periods associated with Afri22 can American life, art, history, and cul23 ture; and

24 (3) a National Museum of African American

25 History and Culture would be dedicated to the col26 lection, preservation, research, and exhibition of Af-
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1 rican American historical and cultural material re2 flecting the breadth and depth of the experiences of

3 individuals of African descent living in the United

4 States.

5 SEC. 3. DEFINITIONS.

6 In this Act:

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

8 Regents’’ means the Board of Regents of the Smith9 sonian Institution.

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

11 National Museum of African American History and

12 Culture Council established by section 5.

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

14 National Museum of African American History and

15 Culture established by section 4.

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

17 the Secretary of the Smithsonian Institution.

18 SEC. 4. ESTABLISHMENT OF MUSEUM.

19 (a) ESTABLISHMENT.—There is established within

20 the Smithsonian Institution a museum to be known as the

21 ‘‘National Museum of African American History and Cul22 ture’’.

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

24 to provide for—
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1 (1) the collection, study, and establishment of

2 programs relating to African American life, art, his3 tory, and culture that encompass—

4 (A) the period of slavery;

5 (B) the era of Reconstruction;

6 (C) the Harlem renaissance;

7 (D) the civil rights movement; and

8 (E) other periods of the African American

9 diaspora;

10 (2) the creation and maintenance of permanent

11 and temporary exhibits documenting the history of

12 slavery in America and African American life, art,

13 history, and culture during the periods referred to in

14 paragraph (1);

15 (3) the collection and study of artifacts and

16 documents relating to African American life, art,

17 history, and culture; and

18 (4) collaboration between the Museum and

19 other museums, historically black colleges and uni20 versities, historical societies, educational institutions,

21 and other organizations that promote the study or

22 appreciation of African American life, art, history,

23 or culture, including collaboration concerning—

24 (A) development of cooperative programs

25 and exhibitions;
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1 (B) identification, management, and care

2 of collections; and

3 (C) training of museum professionals.

4 SEC. 5. COUNCIL.

5 (a) ESTABLISHMENT.—There is established within

6 the Smithsonian Institution a council to be known as the

7 ‘‘National Museum of African American History and Cul8 ture Council’’.

9 (b) DUTIES.—

10 (1) IN GENERAL.—The Council shall—

11 (A) make recommendations to the Board

12 of Regents concerning the planning, design, and

13 construction of the Museum;

14 (B) advise and assist the Board of Regents

15 on all matters relating to the administration,

16 operation, maintenance, and preservation of the

17 Museum;

18 (C) recommend annual operating budgets

19 for the Museum to the Board of Regents;

20 (D) report annually to the Board of Re21 gents on the acquisition, disposition, and dis22 play of objects relating to African American

23 life, art, history, and culture; and

24 (E) adopt bylaws for the operation of the

25 Council.
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1 (2) PRINCIPAL RESPONSIBILITIES.—The Coun2 cil, subject to the general policies of the Board of

3 Regents, shall have sole authority to—

4 (A) purchase, accept, borrow, and other5 wise acquire artifacts for addition to the collec6 tions of the Museum;

7 (B) loan, exchange, sell, and otherwise dis8 pose of any part of the collections of the Mu9 seum, but only if the funds generated by that

10 disposition are used for additions to the collec11 tions of the Museum; or

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 personal property

6 for the purpose of aiding and facilitating the

7 work of the Museum.

8 (c) COMPOSITION AND APPOINTMENT.—

9 (1) IN GENERAL.—The Council shall be com10 posed of 19 voting members as provided under para11 graph (2).

12 (2) VOTING MEMBERS.—The Council shall in13 clude the following voting members:

14 (A) The Secretary of the Smithsonian In15 stitution.

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

17 appointed by the Board of Regents.

18 (C) 17 individuals appointed by the Board

19 of Regents—

20 (i) taking into consideration individ21 uals recommended by organizations and

22 entities that are committed to the advance23 ment of knowledge of African American

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

3 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 (d) TERMS.—

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

10 subsection, each appointed member of the Council

11 shall be appointed for a term of 3 years.

12 (2) INITIAL APPOINTEES.—As designated by

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

14 the voting members first appointed under subpara15 graph (C) of subsection (c)(2)—

16 (A) 6 members shall be appointed for a

17 term of 1 year;

18 (B) 6 members shall be appointed for a

19 term of 2 years; and

20 (C) 5 members shall be appointed for a

21 term of 3 years.

22 (3) REAPPOINTMENT.—A member of the Coun23 cil may be reappointed, except that no individual

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

25 2 terms. For purposes of this paragraph, the num-
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1 ber of terms an individual serves on the Council

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

3 individual is appointed to fill a vacancy under para4 graph (4)(B).

5 (4) VACANCIES.—

6 (A) IN GENERAL.—A vacancy on the

7 Council—

8 (i) shall not affect the powers of the

9 Council; and

10 (ii) shall be filled in the same manner

11 as the original appointment was made.

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

13 appointed to fill a vacancy occurring before the

14 expiration of the term for which the member’s

15 predecessor was appointed shall be appointed

16 for the remainder of that term.

17 (e) COMPENSATION.—

18 (1) IN GENERAL.—Except as provided in para19 graph (2), a member of the Council shall serve with20 out pay.

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

22 Council shall be allowed travel expenses, including

23 per diem in lieu of subsistence, at rates authorized

24 for an employee of an agency under subchapter I of

25 chapter 57 of title 5, United States Code, while
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1 away from the home or regular place of business of

2 the member in the performance of the duties of the

3 Council.

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

5 members, the Council shall elect a chairperson from its

6 members.

7 (g) MEETINGS.—

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

9 the call of the chairperson or on the written request

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

11 but not fewer than twice each year.

12 (2) INITIAL MEETINGS.—During the 1-year pe13 riod beginning on the date of the first meeting of the

14 Council, the Council shall meet not fewer than 4

15 times for the purpose of carrying out the duties of

16 the Council under this Act.

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

18 the Council holding office shall constitute a quorum for

19 the purpose of conducting business, but a lesser number

20 may receive information on behalf of the Council.

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

22 (a) DIRECTOR.—

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

24 Director who shall be appointed by the Secretary,
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1 taking into consideration individuals recommended

2 by the Council.

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

4 Museum subject to the policies of the Board of Re5 gents.

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

7 employees to serve under the Director, except that such

8 additional employees may be appointed without regard to

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

10 appointments in the competitive service.

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

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

13 provisions of chapter 51 and subchapter III of chapter 53

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

15 of positions and General Schedule pay rates.

16 SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS.

17 (a) IN GENERAL.—

18 (1) PROGRAMS AUTHORIZED.—The Director of

19 the Museum may carry out educational and liaison

20 programs in support of the goals of the Museum.

21 (2) SPECIFIC ACTIVITIES DESCRIBED.—In car22 rying out this section, the Director shall—

23 (A) carry out educational programs relat24 ing to African American life, art, history, and

25 culture, including—
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1 (i) programs using digital, electronic,

2 and interactive technologies; and

3 (ii) programs carried out in collabora4 tion with elementary schools, secondary

5 schools, and postsecondary schools; and

6 (B) consult with the Director of the Insti7 tute of Museum and Library Services con8 cerning the grant and scholarship programs

9 carried out under subsection (b).

10 (b) GRANT AND SCHOLARSHIP PROGRAMS.—

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

12 Council and the Director of the Museum, the Direc13 tor of the Institute of Museum and Library Services

14 shall establish—

15 (A) a grant program with the purpose of

16 improving operations, care of collections, and

17 development of professional management at Af18 rican American museums;

19 (B) a grant program with the purpose of

20 providing internship and fellowship opportuni21 ties at African American museums;

22 (C) a scholarship program with the pur23 pose of assisting individuals who are pursuing

24 careers or carrying out studies in the arts, hu-
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1 manities, and sciences in the study of African

2 American life, art, history, and culture;

3 (D) in cooperation with other museums,

4 historical societies, and educational institutions,

5 a grant program with the purpose of promoting

6 the understanding of modern-day practices of

7 slavery throughout the world; and

8 (E) a grant program under which an Afri9 can-American museum (including a nonprofit

10 education organization the primary mission of

11 which is to promote the study of African-Amer12 ican diaspora) may use the funds provided

13 under the grant to increase an endowment fund

14 established by the museum (or organization) as

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

16 (i) enhancing educational program17 ming; and

18 (ii) maintaining and operating trav19 eling educational exhibits.

20 (2) AUTHORIZATION OF APPROPRIATIONS.—

21 There are authorized to be appropriated to the Di22 rector of the Institute of Museum and Library Serv23 ices to carry out this subsection—

24 (A) $15,000,000 for fiscal year 2004; and
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1 (B) such sums as are necessary for each

2 fiscal year thereafter.

3 SEC. 8. BUILDING FOR THE NATIONAL MUSEUM OF AFRI4 CAN AMERICAN HISTORY AND CULTURE.

5 (a) IN GENERAL.—

6 (1) LOCATION.—

7 (A) IN GENERAL.—Not later than 12

8 months after the date of the enactment of this

9 Act, the Board of Regents shall designate a site

10 for the Museum.

11 (B) SITES FOR CONSIDERATION.—In des12 ignating a site under subparagraph (A), the

13 Board of Regents shall select from among the

14 following sites in the District of Columbia:

15 (i) The Arts and Industries Building

16 of the Smithsonian Institution, located on

17 the National Mall at 900 Jefferson Drive,

18 Southwest, Washington, District of Colum19 bia.

20 (ii) The area bounded by Constitution

21 Avenue, Madison Drive, and 14th and

22 15th Streets, Northwest.

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

24 Loan site’’, located on 14th Street South25 west at the foot of the 14th Street Bridge.
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1 (iv) The site known as the ‘‘Banneker

2 Overlook site’’, located on 10th Street

3 Southwest at the foot of the L’Enfant

4 Plaza Promenade.

5 (C) AVAILABILITY OF SITE.—

6 (i) IN GENERAL.—A site described in

7 subparagraph (B) shall remain available

8 until the date on which the Board of Re9 gents designates a site for the Museum

10 under subparagraph (A).

11 (ii) TRANSFER TO SMITHSONIAN IN12 STITUTION.—Except with respect to a site

13 described in clause (i) of subparagraph

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

15 is in an area that is under the administra16 tive jurisdiction of a Federal agency, as

17 soon as practicable after the date on which

18 the designation is made, the head of the

19 Federal agency shall transfer to the Smith20 sonian Institution administrative jurisdic21 tion over the area.

22 (D) CONSULTATION.—The Board of Re23 gents shall carry out its duties under this para24 graph in consultation with the following:
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1 (i) The Chair of the National Capital

2 Planning Commission.

3 (ii) The Chair of the Commission on

4 Fine Arts.

5 (iii) The Chair and Vice Chair of the

6 Presidential Commission referred to in sec7 tion 10.

8 (iv) The Chair of the Building and

9 Site Subcommittee of the Presidential

10 Commission referred to in section 10.

11 (v) The Chair and ranking minority

12 member of each of the following Commit13 tees:

14 (I) The Committee on Rules and

15 Administration of the Senate.

16 (II) The Committee on House

17 Administration of the House of Rep18 resentatives.

19 (III) The Committee on Trans20 portation and Infrastructure of the

21 House of Representatives.

22 (IV) The Committee on Appro23 priations of the House of Representa24 tives.
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1 (V) The Committee on Appro2 priations of the Senate.

3 (2) CONSTRUCTION OF BUILDING.—The Board

4 of Regents, in consultation with the Council, may

5 plan, design, and construct a building for the Mu6 seum, which shall be located at the site designated

7 by the Board of Regents under this paragraph.

8 (3) NONAPPLICABILITY OF PROVISIONS RELAT9 ING TO MONUMENTS AND COMMEMORATIVE

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

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

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

13 pay—

14 (1) 50 percent of the costs of carrying out this

15 section from Federal funds; and

16 (2) 50 percent of the costs of carrying out this

17 section from non-Federal sources.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated such sums as are nec20 essary to carry out this section.

21 SEC. 9. CONGRESSIONAL BUDGET ACT COMPLIANCE.

22 Authority under this Act to enter into contracts or

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

24 to the extent provided in advance in an appropriations

25 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.

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

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

2 Museum from private sources.

Passed the House of Representatives November 19,

2003.

Attest:

Clerk.