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 fol-
lowing bill; which was referred to the Committee on House Administra-
tion, and in addition to the Committees on Transportation and Infra-
structure and Resources, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Museum of 
African American History and Culture Act’’. 
SEC. 2. FINDINGS. 
Congress finds that—
(1) since its founding, the United States has 
grown into a symbol of democracy and freedom 
around the world, and the legacy of African Ameri-
cans is rooted in the very fabric of the democracy 
and freedom of the United States; 
(2) there exists no national museum within the 
Smithsonian Institution that—
(A) is devoted to the documentation of Af-
rican American life, art, history, and culture; 
and 
(B) encompasses, on a national level—
(i) the period of slavery; 
(ii) the era of Reconstruction; 
(iii) the Harlem renaissance; 
(iv) the civil rights movement; and 
(v) other periods associated with Afri-
can American life, art, history, and cul-
ture; and 
(3) a National Museum of African American 
History and Culture would be dedicated to the col-
lection, preservation, research, and exhibition of Af-
rican American historical and cultural material re-
flecting the breadth and depth of the experiences of 
individuals of African descent living in the United 
States.
SEC. 3. DEFINITIONS. 
In this Act: 
(1) BOARD OF REGENTS.—The term ‘‘Board of 
Regents’’ means the Board of Regents of the Smith-
sonian Institution. 
(2) COUNCIL.—The term ‘‘Council’’ means the 
National Museum of African American History and 
Culture Council established by section 5. 
(3) MUSEUM.—The term ‘‘Museum’’ means the 
National Museum of African American History and 
Culture established by section 4. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Smithsonian Institution. 
SEC. 4. ESTABLISHMENT OF MUSEUM. 
(a) ESTABLISHMENT.—There is established within 
the Smithsonian Institution a museum to be known as the 
‘‘National Museum of African American History and Cul-
ture’’. 
(b) PURPOSE.—The purpose of the Museum shall be 
to provide for—
(1) the collection, study, and establishment of 
programs relating to African American life, art, his-
tory, and culture that encompass—
(A) the period of slavery; 
(B) the era of Reconstruction; 
(C) the Harlem renaissance;
(B) loan, exchange, sell, and otherwise dis-
pose of any part of the collections of the Mu-
seum, but only if the funds generated by that 
disposition are used for additions to the collec-
tions of the Museum; or 
(C) specify criteria with respect to the use 
of the collections and resources of the Museum, 
including policies on programming, education, 
exhibitions, and research with respect to—
(i) the life, art, history, and culture of 
African Americans; 
(ii) the role of African Americans in 
the history of the United States from the 
period of slavery to the present; and 
(iii) the contributions of African 
Americans to society. 
(3) OTHER
RESPONSIBILITIES.—The Council, 
subject to the general policies of the Board of Re-
gents, shall have authority—
(A) to provide for preservation, restoration, 
and maintenance of the collections of the Mu-
seum; and 
(B) to solicit, accept, use, and dispose of 
gifts, bequests, and devises of personal property
for the purpose of aiding and facilitating the 
work of the Museum. 
(c) COMPOSITION AND APPOINTMENT.—
(1) IN GENERAL.—The Council shall be com-
posed of 19 voting members as provided under para-
graph (2). 
(2) VOTING MEMBERS.—The Council shall in-
clude the following voting members: 
(A) The Secretary of the Smithsonian In-
stitution. 
(B) 1 member of the Board of Regents, 
appointed by the Board of Regents. 
(C) 17 individuals appointed by the Board 
of Regents—
(i) taking into consideration individ-
uals recommended by organizations and 
entities that are committed to the advance-
ment of knowledge of African American 
life, art, history, and culture; and 
(ii) taking into consideration individ-
uals recommended by the members of the 
Council. 
(3) INITIAL
APPOINTMENTS.—The Board of 
Regents shall make initial appointments to the
Council under paragraph (2) not later than 180 
days after the date of enactment of this Act. 
(d) TERMS.—
(1) IN GENERAL.—Except as provided in this 
subsection, each appointed member of the Council 
shall be appointed for a term of 3 years. 
(2) INITIAL
APPOINTEES.—As designated by 
the Board of Regents at the time of appointment, of 
the voting members first appointed under subpara-
graph (C) of subsection (c)(2)—
(A) 6 members shall be appointed for a 
term of 1 year; 
(B) 6 members shall be appointed for a 
term of 2 years; and 
(C) 5 members shall be appointed for a 
term of 3 years. 
(3) REAPPOINTMENT.—A member of the Coun-
cil may be reappointed, except that no individual 
may serve on the Council for a total of more than 
2 terms. For purposes of this paragraph, the num-
ber of terms an individual serves on the Council 
shall not include any portion of a term for which an 
individual is appointed to fill a vacancy under para-
graph (4)(B). 
(4) VACANCIES.—
(A) IN
GENERAL.—A vacancy on the 
Council—
(i) shall not affect the powers of the 
Council; and 
(ii) shall be filled in the same manner 
as the original appointment was made. 
(B) TERM.—Any member of the Council 
appointed to fill a vacancy occurring before the 
expiration of the term for which the member’s 
predecessor was appointed shall be appointed 
for the remainder of that term. 
(e) COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), a member of the Council shall serve with-
out pay. 
(2) TRAVEL
EXPENSES.—A member of the 
Council shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized 
for an employee of an agency under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Council.
(f) CHAIRPERSON.—By a majority vote of its voting 
members, the Council shall elect a chairperson from its 
members. 
(g) MEETINGS.—
(1) IN GENERAL.—The Council shall meet at 
the call of the chairperson or on the written request 
of a majority of the voting members of the Council, 
but not fewer than twice each year. 
(2) INITIAL MEETINGS.—During the 1-year pe-
riod beginning on the date of the first meeting of the 
Council, the Council shall meet not fewer than 4 
times for the purpose of carrying out the duties of 
the Council under this Act. 
(h) QUORUM.—A majority of the voting members of 
the Council holding office shall constitute a quorum for 
the purpose of conducting business, but a lesser number 
may receive information on behalf of the Council. 
SEC. 6. DIRECTOR AND STAFF OF THE MUSEUM. 
(a) DIRECTOR.—
(1) IN GENERAL.—The Museum shall have a 
Director who shall be appointed by the Secretary, 
taking into consideration individuals recommended 
by the Council.
(2) DUTIES.—The Director shall manage the 
Museum subject to the policies of the Board of Re-
gents. 
(b) STAFF.—The Secretary may appoint 2 additional 
employees to serve under the Director, except that such 
additional employees may be appointed without regard to 
the provisions of title 5, United States Code, governing 
appointments in the competitive service. 
(c) PAY.—The employees appointed by the Secretary 
under subsection (b) may be paid without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 
of title 5, United States Code, relating to classification 
of positions and General Schedule pay rates. 
SEC. 7. EDUCATIONAL AND LIAISON PROGRAMS. 
(a) IN GENERAL.—
(1) PROGRAMS AUTHORIZED.—The Director of 
the Museum may carry out educational and liaison 
programs in support of the goals of the Museum. 
(2) SPECIFIC ACTIVITIES DESCRIBED.—In car-
rying out this section, the Director shall—
(A) carry out educational programs relat-
ing to African American life, art, history, and 
culture, including—
(i) programs using digital, electronic, 
and interactive technologies; and
(ii) programs carried out in collabora-
tion with elementary schools, secondary 
schools, and postsecondary schools; and 
(B) consult with the Director of the Insti-
tute of Museum and Library Services con-
cerning the grant and scholarship programs 
carried out under subsection (b). 
(b) GRANT AND SCHOLARSHIP PROGRAMS.—
(1) IN
GENERAL.—In consultation with the 
Council and the Director of the Museum, the Direc-
tor of the Institute of Museum and Library Services 
shall establish—
(A) a grant program with the purpose of 
improving operations, care of collections, and 
development of professional management at Af-
rican American museums; 
(B) a grant program with the purpose of 
providing internship and fellowship opportuni-
ties at African American museums; 
(C) a scholarship program with the pur-
pose of assisting individuals who are pursuing 
careers or carrying out studies in the arts, hu-
manities, and sciences in the study of African 
American life, art, history, and culture;
(D) in cooperation with other museums, 
historical societies, and educational institutions, 
a grant program with the purpose of promoting 
the understanding of modern-day practices of 
slavery throughout the world; and 
(E) a grant program under which an Afri-
can-American museum (including a nonprofit 
education organization the primary mission of 
which is to promote the study of African-Amer-
ican diaspora) may use the funds provided 
under the grant to increase an endowment fund 
established by the museum (or organization) as 
of May 1, 2003, for the purposes of—
(i) enhancing educational program-
ming; and 
(ii) maintaining and operating trav-
eling educational exhibits. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to the Di-
rector of the Institute of Museum and Library Serv-
ices to carry out this subsection—
(A) $15,000,000 for fiscal year 2004; and 
(B) such sums as are necessary for each 
fiscal year thereafter.
SEC. 8. BUILDING FOR THE NATIONAL MUSEUM OF AFRI-
CAN AMERICAN HISTORY AND CULTURE. 
(a) IN GENERAL.—
(1) LOCATION.—
(A) IN
GENERAL.—Not later than 12 
months after the date of the enactment of this 
Act, the Board of Regents shall designate a site 
for the Museum. 
(B) SITES FOR CONSIDERATION.—In des-
ignating a site under subparagraph (A), the 
Board of Regents shall select from among the 
following sites in the District of Columbia: 
(i) The Arts and Industries Building 
of the Smithsonian Institution, located on 
the National Mall at 900 Jefferson Drive, 
Southwest, Washington, District of Colum-
bia. 
(ii) The area bounded by Constitution 
Avenue, Madison Drive, and 14th and 
15th Streets, Northwest. 
(iii) The site known as the ‘‘Liberty 
Loan site’’, located on 14th Street South-
west at the foot of the 14th Street Bridge. 
(iv) The site known as the ‘‘Banneker 
Overlook site’’, located on 10th Street
Southwest at the foot of the L’Enfant 
Plaza Promenade. 
(C) AVAILABILITY OF SITE.—
(i) IN GENERAL.—A site described in 
subparagraph (B) shall remain available 
until the date on which the Board of Re-
gents designates a site for the Museum 
under subparagraph (A). 
(ii) TRANSFER TO SMITHSONIAN IN-
STITUTION.—Except with respect to a site 
described in clause (i) of subparagraph 
(B), if the site designated for the Museum 
is in an area that is under the administra-
tive jurisdiction of a Federal agency, as 
soon as practicable after the date on which 
the designation is made, the head of the 
Federal agency shall transfer to the Smith-
sonian Institution administrative jurisdic-
tion over the area. 
(D) CONSULTATION.—The Board of Re-
gents shall carry out its duties under this para-
graph in consultation with the following: 
(i) The Chair of the National Capital 
Planning Commission.
(ii) The Chair of the Commission on 
Fine Arts. 
(iii) The Chair and Vice Chair of the 
Presidential Commission referred to in sec-
tion 10. 
(iv) The Chair of the Building and 
Site Subcommittee of the Presidential 
Commission referred to in section 10. 
(v) The Chair and ranking minority 
member of each of the following Commit-
tees: 
(I) The Committee on Rules and 
Administration of the Senate. 
(II) The Committee on House 
Administration of the House of Rep-
resentatives. 
(III) The Committee on Trans-
portation and Infrastructure of the 
House of Representatives. 
(IV) The Committee on Appro-
priations of the House of Representa-
tives. 
(V) The Committee on Appro-
priations of the Senate.
(2) CONSTRUCTION OF BUILDING.—The Board 
of Regents, in consultation with the Council, may 
plan, design, and construct a building for the Mu-
seum, which shall be located at the site designated 
by the Board of Regents under this paragraph. 
(3) NONAPPLICABILITY OF PROVISIONS RELAT-
ING
TO
MONUMENTS
AND
COMMEMORATIVE 
WORKS.—Chapter 89 of title 40, United States 
Code, shall not apply with respect to the Museum. 
(b) COST SHARING.—The Board of Regents shall 
pay—
(1) 50 percent of the costs of carrying out this 
section from Federal funds; and 
(2) 50 percent of the costs of carrying out this 
section from non-Federal sources. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
SEC. 9. CONGRESSIONAL BUDGET ACT COMPLIANCE. 
Authority under this Act to enter into contracts or 
to make payments shall be effective in any fiscal year only 
to the extent provided in advance in an appropriations 
Act, except as provided under section 11(b).
SEC. 10. CONSIDERATION OF RECOMMENDATIONS OF 
PRESIDENTIAL COMMISSION. 
In carrying out their duties under this Act, the Coun-
cil and the Board of Regents shall take into consideration 
the reports and plans submitted by the National Museum 
of African American History and Culture Plan for Action 
Presidential Commission under the National Museum of 
African American History and Culture Plan for Action 
Presidential Commission Act of 2001 (Public Law 107–
106). 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Smithsonian Institution to carry out this 
Act, other than sections 7(b) and 8—
(1) $17,000,000 for fiscal year 2004; and 
(2) such sums as are necessary for each fiscal 
year thereafter. 
(b) AVAILABILITY.—Amounts made available under 
subsection (a) shall remain available until expended. 
(c) USE OF FUNDS FOR FUNDRAISING.—Amounts 
appropriated pursuant to the authorization under this sec-
tion may be used to conduct fundraising in support of the 
Museum from private sources.
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