I

104TH CONGRESS

1ST SESSION H. R. 786

To authorize the establishment of the National African-American Museum

within the Smithsonian Institution.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 1, 1995

Mr. LEWIS of Georgia (for himself, Mr. CLAY, Mr. STOKES, Mr. FRAZER, Mr.

REYNOLDS, Mr. FROST, Mr. TUCKER, Mr. TRAFICANT, Mrs. COLLINS of

Illinois, Mr. FATTAH, Mr. BROWN of California, Mr. OLVER, Mr.

HINCHEY, Mr. CLYBURN, Ms. EDDIE BERNICE JOHNSON of Texas, Mr.

BARRETT of Wisconsin, Mr. FILNER, Mr. UNDERWOOD, Mr. TORRES,

Mr. HILLIARD, Mrs. MEEK of Florida, Mr. ENGEL, Mrs. MINK of Hawaii, Mr. PETE GEREN of Texas, Mr. TEJEDA, Mr. TOWNS, Mr. RANGEL,

Ms. MCKINNEY, Mrs. CLAYTON, Mr. WATT of North Carolina, Mr.

THOMPSON, Ms. RIVERS, Mr. BONIOR, Mr. OWENS, Mr. DELLUMS, Mr.

FIELDS of Louisiana, Mr. JEFFERSON, Mr. RUSH, Ms. NORTON, Mr.

WYNN, Mr. HASTINGS of Florida, Mr. SCOTT, Mr. FLAKE, Ms. JACKSONLEE, Mr. DIXON, Mr. BISHOP, Ms. BROWN of Florida, Mr. CONYERS,

Mr. FORD, Mr. MFUME, Mr. PAYNE of New Jersey, Ms. WATERS, and

Mr. WATTS of Oklahoma) introduced the following bill; which was referred to the Committee on House Oversight 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 authorize the establishment of the National AfricanAmerican Museum within the Smithsonian Institution.

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 African

3 American Museum Act’’.

4 SEC. 2. FINDINGS.

5 (a) FINDINGS.—The Congress finds that—

6 (1) the presentation and preservation of African

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

8 National Park System and other Federal entities is

9 inadequate;

10 (2) the inadequate presentation and preserva11 tion of African American life, art, history, and cul12 ture seriously restricts the ability of the people of

13 the United States, particularly African Americans,

14 to understand themselves and their past;

15 (3) African American life, art, history, and cul16 ture includes the varied experiences of Africans in

17 slavery and freedom and the continued struggles for

18 full recognition of citizenship and treatment with

19 human dignity;

20 (4) in enacting Public Law 99–511, the Con21 gress encouraged support for the establishment of a

22 commemorative structure within the National Park

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

24 promotion of understanding, knowledge, opportunity,

25 and equality for all people;
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1 (5) the establishment of a national museum and

2 the conducting of interpretive and educational pro3 grams, dedicated to the heritage and culture of Afri4 can Americans, will help to inspire and educate the

5 people of the United States regarding the cultural

6 legacy of African Americans and the contributions

7 made by African Americans to the society of the

8 United States; and

9 (6) the Smithsonian Institution operates 15

10 museums and galleries, a zoological park, and 5

11 major research facilities, none of which is a national

12 institution devoted solely to African American life,

13 art, history, or culture.

14 SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN

15 AMERICAN MUSEUM.

16 (a) ESTABLISHMENT.—There is established within

17 the Smithsonian Institution a Museum, which shall be

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

19 (b) PURPOSE.—The purpose of the Museum is to pro20 vide—

21 (1) a center for scholarship relating to African

22 American life, art, history, and culture;

23 (2) a location for permanent and temporary ex24 hibits documenting African American life, art, his25 tory, and culture;
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1 (3) a location for the collection and study of ar2 tifacts and documents relating to African American

3 life, art, history, and culture;

4 (4) a location for public education programs re5 lating to African American life, art, history, and cul6 ture; and

7 (5) a location for training of museum profes8 sionals and others in the arts, humanities, and

9 sciences regarding museum practices related to Afri10 can American life, art, history, and culture.

11 SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL

12 AFRICAN AMERICAN MUSEUM.

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

14 reconstruct, and renovate the Arts and Industries Build15 ing of the Smithsonian Institution to house the Museum.

16 SEC. 5. BOARD OF TRUSTEES OF MUSEUM.

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

18 Smithsonian Institution the Board of Trustees of the Na19 tional African American Museum.

20 (b) COMPOSITION AND APPOINTMENT.—The Board

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

22 (1) The Secretary of the Smithsonian Institu23 tion.

24 (2) An Assistant Secretary of the Smithsonian

25 Institution, designated by the Board of Regents.
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1 (3) Twenty-one individuals of diverse disciplines

2 and geographical residence who are committed to the

3 advancement of knowledge of African American art,

4 history, and culture appointed by the Board of Re5 gents, of which 9 members shall be from among in6 dividuals nominated by African American museums,

7 historically black colleges and universities, and cul8 tural or other organizations.

9 (c) TERMS.—

10 (1) IN GENERAL.—Except as provided in para11 graph (2), members of the Board of Trustees shall

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

13 Board of Trustees may be reappointed.

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

15 Board of Regents at the time of initial appointments

16 under paragraph (3) of subsection (a), the terms of

17 7 members shall expire at the end of 1 year, the

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

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

20 the end of 3 years.

21 (d) VACANCIES.—A vacancy on the Board of Trust22 ees shall not affect its powers and shall be filled in the

23 manner in which the original appointment was made. Any

24 member appointed to fill a vacancy occurring before the

25 expiration of the term for which the predecessor of the
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1 member was appointed shall be appointed for the remain2 der of the term.

3 (e) NONCOMPENSATION.—Except as provided in sub4 section (f), members of the Board of Trustees shall serve

5 without pay.

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

7 shall receive per diem, travel, and transportation expenses

8 for each day, including traveltime, during which they are

9 engaged in the performance of the duties of the Board

10 of Trustees in accordance with section 5703 of title 5,

11 United States Code, with respect to employees serving

12 intermittently in the Government service.

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

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

15 the Board of Trustees.

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

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

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

19 2 times each year.

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

21 shall constitute a quorum for purposes of conducting busi22 ness, but a lesser number may receive information on be23 half of the Board of Trustees.

24 (j) VOLUNTARY SERVICES.—Notwithstanding section

25 1342 of title 31, United States Code, the chairperson of
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1 the Board of Trustees may accept for the Board of Trust2 ees voluntary services provided by a member of the Board

3 of Trustees.

4 SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MU5 SEUM.

6 (a) IN GENERAL.—The Board of Trustees shall—

7 (1) recommend annual budgets for the Mu8 seum;

9 (2) consistent with the general policy estab10 lished by the Board of Regents, have the sole au11 thority to—

12 (A) loan, exchange, sell, or otherwise dis13 pose of any part of the collections of the Mu14 seum, but only if the funds generated by such

15 disposition are used for additions to the collec16 tions of the Museum or for additions to the en17 dowment of the Museum;

18 (B) subject to the availability of funds and

19 the provisions of annual budgets of the Mu20 seum, purchase, accept, borrow, or otherwise

21 acquire artifacts and other property for addi22 tion to the collections of the Museum;

23 (C) establish policy with respect to the uti24 lization of the collections of the Museum; and
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1 (D) establish policy regarding program2 ming, education, exhibitions, and research, with

3 respect to the life and culture of African Ameri4 cans, the role of African Americans in the his5 tory of the United States, and the contributions

6 of African Americans to society;

7 (3) consistent with the general policy estab8 lished by the Board of Regents, have authority to—

9 (A) provide for restoration, preservation,

10 and maintenance of the collections of the Mu11 seum;

12 (B) solicit funds for the Museum and de13 termine the purposes to which those funds shall

14 be used;

15 (C) approve expenditures from the endow16 ment of the Museum, or of income generated

17 from the endowment, for any purpose of the

18 Museum; and

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

20 Director in the operation of the Museum;

21 (4) establish programs in cooperation with

22 other African American museums, historically black

23 colleges and universities, historical societies, edu24 cational institutions, cultural and other organiza25 tions for the education and promotion of under-
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1 standing regarding African American life, art, his2 tory, and culture;

3 (5) support the efforts of other African Amer4 ican museums, historically black colleges and univer5 sities, and cultural and other organizations to edu6 cate and promote understanding regarding African

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

8 (A) development of cooperative programs

9 and exhibitions;

10 (B) identification, management, and care

11 of collections;

12 (C) participation in the training of mu13 seum professionals; and

14 (D) creating opportunities for—

15 (i) research fellowships; and

16 (ii) professional and student intern17 ships;

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

19 the Board of Trustees; and

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

21 the acquisition, disposition, and display of African

22 American objects and artifacts and on other appro23 priate matters.
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1 SEC. 7. DIRECTOR AND STAFF.

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

3 Institution, in consultation with the Board of Trustees,

4 shall appoint a Director who shall manage the Museum.

5 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

6 LAWS.—The Secretary of the Smithsonian Institution

7 may—

8 (1) appoint the Director and 5 employees under

9 subsection (a), without regard to the provisions of

10 title 5, United States Code, governing appointments

11 in the competitive service; and

12 (2) fix the pay of the Director and such 5 em13 ployees, without regard to the provisions of chapter

14 51 and subchapter III of chapter 53 of such title,

15 relating to classification and General Schedule pay

16 rates.

17 SEC. 8. DEFINITIONS.

18 For purposes of this Act:

19 (1) The term ‘‘Board of Regents’’ means the

20 Board of Regents of the Smithsonian Institution.

21 (2) The term ‘‘Board of Trustees’’ means the

22 Board of Trustees of the National African American

23 Museum established in section 5(a).

24 (3) The term ‘‘Museum’’ means the National

25 African American Museum established under section

26 3(a).
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1 (4) The term ‘‘Arts and Industries Building’’

2 means the building located on the Mall at 900 Jef3 ferson Drive, S.W. in Washington, the District of

4 Columbia.

5 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated such sums

7 as may be necessary only for costs directly relating to the

8 operation and maintenance of the Museum.

Æ