II

104TH CONGRESS

1ST SESSION S. 649

To authorize the establishment of the National African American Museum

within the Smithsonian Institution, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 30 (legislative day, MARCH 27), 1995

Mr. SIMON (for himself, Mr. MCCAIN, Mr. MACK, Ms. MOSELEY-BRAUN, Mr.

WARNER, Mr. PELL, Mr. INOUYE, Mr. MOYNIHAN, Mr. DODD, Mr. KENNEDY, Mr. LEAHY, Mr. LAUTENBERG, Mr. LEVIN, Mr. BINGAMAN, Ms.

MIKULSKI, Mr. GRAHAM, Mr. JEFFORDS, Mr. ROBB, Mr. AKAKA, and

Mr. WELLSTONE) introduced the following bill; which was read twice and

referred to the Committee on Rules and Administration

A BILL

To authorize the establishment of the National African

American Museum within the Smithsonian Institution,

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 African

5 American Museum Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) the presentation and preservation of African

2 American life, art, history, and culture within the

3 National Park System and other Federal entities are

4 inadequate;

5 (2) the inadequate presentation and preserva6 tion of African American life, art, history, and cul7 ture seriously restrict the ability of the people of the

8 United States, particularly African Americans, to

9 understand themselves and their past;

10 (3) African American life, art, history, and cul11 ture include the varied experiences of Africans in

12 slavery and freedom and the continued struggles for

13 full recognition of citizenship and treatment with

14 human dignity;

15 (4) in enacting Public Law 99–511, the Con16 gress encouraged support for the establishment of a

17 commemorative structure within the National Park

18 System, or on other Federal lands, dedicated to the

19 promotion of understanding, knowledge, opportunity,

20 and equality for all people;

21 (5) the establishment of a national museum and

22 the conducting of interpretive and educational pro23 grams, dedicated to the heritage and culture of Afri24 can Americans, will help to inspire and educate the

25 people of the United States regarding the cultural
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1 legacy of African Americans and the contributions

2 made by African Americans to the society of the

3 United States; and

4 (6) the Smithsonian Institution operates 15

5 museums and galleries, a zoological park, and 5

6 major research facilities, none of which is a national

7 institution devoted solely to African American life,

8 art, history, or culture.

9 SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN

10 AMERICAN MUSEUM.

11 (a) ESTABLISHMENT.—There is established within

12 the Smithsonian Institution a Museum, which shall be

13 known as the ‘‘National African American Museum’’.

14 (b) PURPOSE.—The purpose of the Museum is to pro15 vide—

16 (1) a center for scholarship relating to African

17 American life, art, history, and culture;

18 (2) a location for permanent and temporary ex19 hibits documenting African American life, art, his20 tory, and culture;

21 (3) a location for the collection and study of ar22 tifacts and documents relating to African American

23 life, art, history, and culture;
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1 (4) a location for public education programs re2 lating to African American life, art, history, and cul3 ture; and

4 (5) a location for training of museum profes5 sionals and others in the arts, humanities, and

6 sciences regarding museum practices related to Afri7 can American life, art, history, and culture.

8 SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL

9 AFRICAN AMERICAN MUSEUM.

10 The Board of Regents is authorized to plan, design,

11 reconstruct, and renovate the Arts and Industries Build12 ing of the Smithsonian Institution to house the Museum.

13 SEC. 5. BOARD OF TRUSTEES OF MUSEUM.

14 (a) ESTABLISHMENT.—There is established in the

15 Smithsonian Institution the Board of Trustees of the Na16 tional African American Museum.

17 (b) COMPOSITION AND APPOINTMENT.—The Board

18 of Trustees shall be composed of 23 members as follows:

19 (1) The Secretary of the Smithsonian Institu20 tion.

21 (2) An Assistant Secretary of the Smithsonian

22 Institution, designated by the Board of Regents.

23 (3) Twenty-one individuals of diverse disciplines

24 and geographical residence who are committed to the

25 advancement of knowledge of African American art,
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1 history, and culture, appointed by the Board of Re2 gents, of whom 9 members shall be from among in3 dividuals nominated by African American museums,

4 historically black colleges and universities, and cul5 tural or other organizations.

6 (c) TERMS.—

7 (1) IN GENERAL.—Except as provided in para8 graph (2), members of the Board of Trustees shall

9 be appointed for terms of 3 years. Members of the

10 Board of Trustees may be reappointed.

11 (2) STAGGERED TERMS.—As designated by the

12 Board of Regents at the time of initial appointments

13 under paragraph (3) of subsection (b), the terms of

14 7 members shall expire at the end of 1 year, the

15 terms of 7 members shall expire at the end of 2

16 years, and the terms of 7 members shall expire at

17 the end of 3 years.

18 (d) VACANCIES.—A vacancy on the Board of Trust19 ees shall not affect its powers and shall be filled in the

20 manner in which the original appointment was made. Any

21 member appointed to fill a vacancy occurring before the

22 expiration of the term for which the predecessor of the

23 member was appointed shall be appointed for the remain24 der of the term.
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1 (e) NONCOMPENSATION.—Except as provided in sub2 section (f), members of the Board of Trustees shall serve

3 without pay.

4 (f) EXPENSES.—Members of the Board of Trustees

5 shall receive per diem, travel, and transportation expenses

6 for each day, including travel time, during which such

7 members are engaged in the performance of the duties of

8 the Board of Trustees in accordance with section 5703

9 of title 5, United States Code, with respect to employees

10 serving intermittently in the Government service.

11 (g) CHAIRPERSON.—The Board of Trustees shall

12 elect a chairperson by a majority vote of the members of

13 the Board of Trustees.

14 (h) MEETINGS.—The Board of Trustees shall meet

15 at the call of the chairperson or upon the written request

16 of a majority of its members, but shall meet not less than

17 2 times each year.

18 (i) QUORUM.—A majority of the Board of Trustees

19 shall constitute a quorum for purposes of conducting busi20 ness, but a lesser number may receive information on be21 half of the Board of Trustees.

22 (j) VOLUNTARY SERVICES.—Notwithstanding section

23 1342 of title 31, United States Code, the chairperson of

24 the Board of Trustees may accept for the Board of Trust-
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1 ees voluntary services provided by a member of the Board

2 of Trustees.

3 SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE

4 MUSEUM.

5 The Board of Trustees shall—

6 (1) recommend annual budgets for the Mu7 seum;

8 (2) consistent with the general policy estab9 lished by the Board of Regents, have the sole au10 thority to—

11 (A) loan, exchange, sell, or otherwise dis12 pose of any part of the collections of the Mu13 seum, but only if the funds generated by such

14 disposition are used for additions to the collec15 tions of the Museum or for additions to the en16 dowment of the Museum;

17 (B) subject to the availability of funds and

18 the provisions of annual budgets of the Mu19 seum, purchase, accept, borrow, or otherwise

20 acquire artifacts and other property for addi21 tion to the collections of the Museum;

22 (C) establish policy with respect to the uti23 lization of the collections of the Museum; and

24 (D) establish policy regarding program25 ming, education, exhibitions, and research, with
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1 respect to the life and culture of African Ameri2 cans, the role of African Americans in the his3 tory of the United States, and the contributions

4 of African Americans to society;

5 (3) consistent with the general policy estab6 lished by the Board of Regents, have authority to—

7 (A) provide for restoration, preservation,

8 and maintenance of the collections of the Mu9 seum;

10 (B) solicit funds for the Museum and de11 termine the purposes to which such funds shall

12 be used;

13 (C) approve expenditures from the endow14 ment of the Museum, or of income generated

15 from the endowment, for any purpose of the

16 Museum; and

17 (D) consult with, advise, and support the

18 Director in the operation of the Museum;

19 (4) establish programs in cooperation with

20 other African American museums, historically black

21 colleges and universities, historical societies, edu22 cational institutions, and cultural and other organi23 zations for the education and promotion of under24 standing regarding African American life, art, his25 tory, and culture;
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1 (5) support the efforts of other African Amer2 ican museums, historically black colleges and univer3 sities, and cultural and other organizations to edu4 cate and promote understanding regarding African

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

6 (A) the development of cooperative pro7 grams and exhibitions;

8 (B) the identification, management, and

9 care of collections;

10 (C) the participation in the training of mu11 seum professionals; and

12 (D) creating opportunities for—

13 (i) research fellowships; and

14 (ii) professional and student intern15 ships;

16 (6) adopt bylaws to carry out the functions of

17 the Board of Trustees; and

18 (7) report annually to the Board of Regents on

19 the acquisition, disposition, and display of African

20 American objects and artifacts and on other appro21 priate matters.

22 SEC. 7. DIRECTOR AND STAFF.

23 (a) IN GENERAL.—The Secretary of the Smithsonian

24 Institution, in consultation with the Board of Trustees,

25 shall appoint a Director who shall manage the Museum.
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1 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

2 LAWS.—The Secretary of the Smithsonian Institution

3 may—

4 (1) appoint the Director and 5 employees of the

5 Museum, without regard to the provisions of title 5,

6 United States Code, governing appointments in the

7 competitive service; and

8 (2) fix the pay of the Director and such 5 em9 ployees, without regard to the provisions of chapter

10 51 and subchapter III of chapter 53 of such title,

11 relating to classification and General Schedule pay

12 rates.

13 SEC. 8. DEFINITIONS.

14 For purposes of this Act:

15 (1) ARTS AND INDUSTRIES BUILDING.—The

16 term ‘‘Arts and Industries Building’’ means the

17 building located on the Mall at 900 Jefferson Drive,

18 S.W. in Washington, the District of Columbia.

19 (2) BOARD OF REGENTS.—The term ‘‘Board of

20 Regents’’ means the Board of Regents of the Smith21 sonian Institution.

22 (3) BOARD OF TRUSTEES.—The term ‘‘Board

23 of Trustees’’ means the Board of Trustees of the

24 National African American Museum established in

25 section 5(a).
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1 (4) MUSEUM.—The term ‘‘Museum’’ means the

2 National African American Museum established

3 under section 3(a).

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