I

105TH CONGRESS

1ST SESSION H. R. 773

To authorize the establishment of the National African-American Museum

within the Smithsonian Institution.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 13, 1997

Mr. LEWIS of Georgia (for himself, Mr. ACKERMAN, Mr. BARRETT of Wisconsin, Mr. BENTSEN, Mr. BONIOR, Ms. BROWN of Florida, Mr. BROWN of

California, Ms. CHRISTIAN-GREEN, Mrs. CLAYTON, Mr. CLYBURN, Mr.

CONYERS, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mr. DELLUMS, Mr.

DIXON, Mr. ENGEL, Mr. ENGLISH of Pennsylvania, Mr. FALEOMAVAEGA,

Mr. FATTAH, Mr. FILNER, Mr. FLAKE, Mr. FOGLIETTA, Mr. FORD, Mr.

FROST, Ms. FURSE, Mr. GONZALEZ, Mr. GREEN, Mr. HASTINGS of Florida, Mr. HILLIARD, Mr. HINCHEY, Mr. JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms. EDDIE BERNICE JOHNSON of

Texas, Mrs. MALONEY of New York, Mr. MALONEY of Connecticut, Mr.

MCDERMOTT, Mr. MCGOVERN, Ms. MCKINNEY, Mrs. MEEK of Florida,

Mr. MILLER of California, Mrs. MINK of Hawaii, Mr. NEAL of Massachusetts, Ms. NORTON, Mr. OLVER, Mr. OWENS, Mr. PALLONE, Mr. PAYNE,

Ms. PELOSI, Mr. QUINN, Mr. RANGEL, Ms. RIVERS, Mr. ROMEROBARCELO ́, Mr. RUSH, Mr. SCOTT, Mr. SHAYS, Ms. SLAUGHTER, Mr.

STARK, Mr. STOKES, Mr. THOMPSON, Mr. TORRES, Mr. TOWNS, Mr.

TRAFICANT, Mr. UNDERWOOD, Ms. WATERS, Mr. WATT of North Carolina, Mr. WYNN, Mr. WATTS of Oklahoma, Ms. MILLENDER-MCDONALD,

and Ms. KILPATRICK) 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.
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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 (a) FINDINGS.—The Congress finds that—

8 (1) the presentation and preservation of African

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

10 National Park System and other Federal entities is

11 inadequate;

12 (2) the inadequate presentation and preserva13 tion of African American life, art, history, and cul14 ture seriously restricts the ability of the people of

15 the United States, particularly African Americans,

16 to understand themselves and their past;

17 (3) African American life, art, history, and cul18 ture includes the varied experiences of Africans in

19 slavery and freedom and the continued struggles for

20 full recognition of citizenship and treatment with

21 human dignity;

22 (4) in enacting Public Law 99–511, the Con23 gress encouraged support for the establishment of a

24 commemorative structure within the National Park

25 System, or on other Federal lands, dedicated to the
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1 promotion of understanding, knowledge, opportunity,

2 and equality for all people;

3 (5) the establishment of a national museum and

4 the conducting of interpretive and educational pro5 grams, dedicated to the heritage and culture of Afri6 can Americans, will help to inspire and educate the

7 people of the United States regarding the cultural

8 legacy of African Americans and the contributions

9 made by African Americans to the society of the

10 United States; and

11 (6) the Smithsonian Institution operates 15

12 museums and galleries, a zoological park, and 5

13 major research facilities, none of which is a national

14 institution devoted solely to African American life,

15 art, history, or culture.

16 SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN

17 AMERICAN MUSEUM.

18 (a) ESTABLISHMENT.—There is established within

19 the Smithsonian Institution a Museum, which shall be

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

21 (b) PURPOSE.—The purpose of the Museum is to pro22 vide—

23 (1) a center for scholarship relating to African

24 American life, art, history, and culture;
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1 (2) a location for permanent and temporary ex2 hibits documenting African American life, art, his3 tory, and culture;

4 (3) a location for the collection and study of ar5 tifacts and documents relating to African American

6 life, art, history, and culture;

7 (4) a location for public education programs re8 lating to African American life, art, history, and cul9 ture; and

10 (5) a location for training of museum profes11 sionals and others in the arts, humanities, and

12 sciences regarding museum practices related to Afri13 can American life, art, history, and culture.

14 SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL

15 AFRICAN AMERICAN MUSEUM.

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

17 reconstruct, and renovate the Arts and Industries Build18 ing of the Smithsonian Institution to house the Museum.

19 SEC. 5. BOARD OF TRUSTEES OF MUSEUM.

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

21 Smithsonian Institution the Board of Trustees of the Na22 tional African American Museum.

23 (b) COMPOSITION AND APPOINTMENT.—The Board

24 of Trustees shall be composed of 23 members as follows:
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1 (1) The Secretary of the Smithsonian Institu2 tion.

3 (2) An Assistant Secretary of the Smithsonian

4 Institution, designated by the Board of Regents.

5 (3) Twenty-one individuals of diverse disciplines

6 and geographical residence who are committed to the

7 advancement of knowledge of African American art,

8 history, and culture appointed by the Board of Re9 gents, of which 9 members shall be from among in10 dividuals nominated by African American museums,

11 historically black colleges and universities, and cul12 tural or other organizations.

13 (c) TERMS.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), members of the Board of Trustees shall

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

17 Board of Trustees may be reappointed.

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

19 Board of Regents at the time of initial appointments

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

21 7 members shall expire at the end of 1 year, the

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

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

24 the end of 3 years.
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1 (d) VACANCIES.—A vacancy on the Board of Trust2 ees shall not affect its powers and shall be filled in the

3 manner in which the original appointment was made. Any

4 member appointed to fill a vacancy occurring before the

5 expiration of the term for which the predecessor of the

6 member was appointed shall be appointed for the remain7 der of the term.

8 (e) NONCOMPENSATION.—Except as provided in sub9 section (f), members of the Board of Trustees shall serve

10 without pay.

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

12 shall receive per diem, travel, and transportation expenses

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

14 engaged in the performance of the duties of the Board

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

16 United States Code, with respect to employees serving

17 intermittently in the Government service.

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

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

20 the Board of Trustees.

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

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

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

24 2 times each year.
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1 (i) QUORUM.—A majority of the Board of Trustees

2 shall constitute a quorum for purposes of conducting busi3 ness, but a lesser number may receive information on be4 half of the Board of Trustees.

5 (j) VOLUNTARY SERVICES.—Notwithstanding section

6 1342 of title 31, United States Code, the chairperson of

7 the Board of Trustees may accept for the Board of Trust8 ees voluntary services provided by a member of the Board

9 of Trustees.

10 SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MU11 SEUM.

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

13 (1) recommend annual budgets for the Mu14 seum;

15 (2) consistent with the general policy estab16 lished by the Board of Regents, have the sole au17 thority to—

18 (A) loan, exchange, sell, or otherwise dis19 pose of any part of the collections of the Mu20 seum, but only if the funds generated by such

21 disposition are used for additions to the collec22 tions of the Museum or for additions to the en23 dowment of the Museum;
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1 (B) subject to the availability of funds and

2 the provisions of annual budgets of the Mu3 seum, purchase, accept, borrow, or otherwise

4 acquire artifacts and other property for addi5 tion to the collections of the Museum;

6 (C) establish policy with respect to the uti7 lization of the collections of the Museum; and

8 (D) establish policy regarding program9 ming, education, exhibitions, and research, with

10 respect to the life and culture of African Ameri11 cans, the role of African Americans in the his12 tory of the United States, and the contributions

13 of African Americans to society;

14 (3) consistent with the general policy estab15 lished by the Board of Regents, have authority to—

16 (A) provide for restoration, preservation,

17 and maintenance of the collections of the Mu18 seum;

19 (B) solicit funds for the Museum and de20 termine the purposes to which those funds shall

21 be used;

22 (C) approve expenditures from the endow23 ment of the Museum, or of income generated

24 from the endowment, for any purpose of the

25 Museum; and
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1 (D) consult with, advise, and support the

2 Director in the operation of the Museum;

3 (4) establish programs in cooperation with

4 other African American museums, historically black

5 colleges and universities, historical societies, edu6 cational institutions, cultural and other organiza7 tions for the education and promotion of under8 standing regarding African American life, art, his9 tory, and culture;

10 (5) support the efforts of other African Amer11 ican museums, historically black colleges and univer12 sities, and cultural and other organizations to edu13 cate and promote understanding regarding African

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

15 (A) development of cooperative programs

16 and exhibitions;

17 (B) identification, management, and care

18 of collections;

19 (C) participation in the training of mu20 seum professionals; and

21 (D) creating opportunities for—

22 (i) research fellowships; and

23 (ii) professional and student intern24 ships;
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1 (6) adopt bylaws to carry out the functions of

2 the Board of Trustees; and

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

4 the acquisition, disposition, and display of African

5 American objects and artifacts and on other appro6 priate matters.

7 SEC. 7. DIRECTOR AND STAFF.

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

9 Institution, in consultation with the Board of Trustees,

10 shall appoint a Director who shall manage the Museum.

11 (b) APPLICABILITY OF CERTAIN CIVIL SERVICE

12 LAWS.—The Secretary of the Smithsonian Institution

13 may—

14 (1) appoint the Director and 5 employees under

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

16 title 5, United States Code, governing appointments

17 in the competitive service; and

18 (2) fix the pay of the Director and such 5 em19 ployees, without regard to the provisions of chapter

20 51 and subchapter III of chapter 53 of such title,

21 relating to classification and General Schedule pay

22 rates.

23 SEC. 8. DEFINITIONS.

24 For purposes of this Act:
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1 (1) The term ‘‘Board of Regents’’ means the

2 Board of Regents of the Smithsonian Institution.

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

4 Board of Trustees of the National African American

5 Museum established in section 5(a).

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

7 African American Museum established under section

8 3(a).

9 (4) The term ‘‘Arts and Industries Building’’

10 means the building located on the Mall at 900 Jef11 ferson Drive, S.W. in Washington, the District of

12 Columbia.

13 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated such sums

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

16 operation and maintenance of the Museum.

Æ