IIA
103D CONGRESS
1ST SESSION
H. R. 877
IN THE SENATE OF THE UNITED STATES
JUNE 29 (legislative day, JUNE 22), 1993
Received; read twice and referred to the Committee on Rules and
Administration
AN ACT
To authorize the establishment of the National African
American Museum within the Smithsonian Institution.
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 African
American Museum Act’’.
SEC. 2. FINDINGS.
(a) FINDINGS.—The Congress finds that—
(1) the presentation and preservation of African
American life, art, history, and culture within the
National Park System and other Federal entities are
inadequate;
(2) the inadequate presentation and preserva-
tion of African American life, art, history, and cul-
ture seriously restrict the ability of the people of the
United States, particularly African Americans, to
understand themselves and their past;
(3) African American life, art, history, and cul-
ture include the varied experiences of Africans in
slavery and freedom and the continued struggles for
full recognition of citizenship and treatment with
human dignity;
(4) in enacting Public Law 99–511, the Con-
gress encouraged support for the establishment of a
commemorative structure within the National Park
System, or on other Federal lands, dedicated to the
promotion of understanding, knowledge, opportunity,
and equality for all people;
(5) the establishment of a national museum and
the conducting of interpretive and educational pro-
grams, dedicated to the heritage and culture of Afri-
can Americans, will help to inspire and educate the
people of the United States regarding the cultural
legacy of African Americans and the contributions
made by African Americans to the society of the
United States; and
(6) the Smithsonian Institution operates 15
museums and galleries, a zoological park, and 5
major research facilities, none of which is a national
institution devoted solely to African American life,
art, history, or culture.
SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN
AMERICAN MUSEUM.
(a) ESTABLISHMENT.—There is established within
the Smithsonian Institution a Museum, which shall be
known as the ‘‘National African American Museum’’.
(b) PURPOSE.—The purpose of the Museum is to pro-
vide—
(1) a center for scholarship relating to African
American life, art, history, and culture;
(2) a location for permanent and temporary ex-
hibits documenting African American life, art, his-
tory, and culture;
(3) a location for the collection and study of ar-
tifacts and documents relating to African American
life, art, history, and culture;
(4) a location for public education programs re-
lating to African American life, art, history, and cul-
ture; and
(5) a location for training of museum profes-
sionals and others in the arts, humanities, and
sciences regarding museum practices related to Afri-
can American life, art, history, and culture.
SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL
AFRICAN AMERICAN MUSEUM.
The Board of Regents is authorized to plan, design,
reconstruct, and renovate the Arts and Industries Build-
ing of the Smithsonian Institution to house the Museum.
SEC. 5. BOARD OF TRUSTEES OF MUSEUM.
(a) ESTABLISHMENT.—There is established in the
Smithsonian Institution the Board of Trustees of the Na-
tional African American Museum.
(b) COMPOSITION AND APPOINTMENT.—The Board
of Trustees shall be composed of 23 members as follows:
(1) The Secretary of the Smithsonian Institu-
tion.
(2) An Assistant Secretary of the Smithsonian
Institution, designated by the Board of Regents.
(3) Twenty-one individuals of diverse disciplines
and geographical residence who are committed to the
advancement of knowledge of African American art,
history, and culture appointed by the Board of Re-
gents, of whom 9 members shall be from among in-
dividuals nominated by African American museums,
historically black colleges and universities, and cul-
tural or other organizations.
(c) TERMS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), members of the Board of Trustees shall
be appointed for terms of 3 years. Members of the
Board of Trustees may be reappointed.
(2) STAGGERED TERMS.—As designated by the
Board of Regents at the time of initial appointments
under paragraph (3) of subsection (b), the terms of
7 members shall expire at the end of 1 year, the
terms of 7 members shall expire at the end of 2
years, and the terms of 7 members shall expire at
the end of 3 years.
(d) VACANCIES.—A vacancy on the Board of Trust-
ees shall not affect its powers and shall be filled in the
manner in which the original appointment was made. Any
member appointed to fill a vacancy occurring before the
expiration of the term for which the predecessor of the
member was appointed shall be appointed for the remain-
der of the term.
(e) NONCOMPENSATION.—Except as provided in sub-
section (f), members of the Board of Trustees shall serve
without pay.
(f) EXPENSES.—Members of the Board of Trustees
shall receive per diem, travel, and transportation expenses
for each day, including traveltime, during which they are
engaged in the performance of the duties of the Board
of Trustees in accordance with section 5703 of title 5,
United States Code, with respect to employees serving
intermittently in the Government service.
(g) CHAIRPERSON.—The Board of Trustees shall
elect a chairperson by a majority vote of the members of
the Board of Trustees.
(h) MEETINGS.—The Board of Trustees shall meet
at the call of the chairperson or upon the written request
of a majority of its members, but shall meet not less than
2 times each year.
(i) QUORUM.—A majority of the Board of Trustees
shall constitute a quorum for purposes of conducting busi-
ness, but a lesser number may receive information on be-
half of the Board of Trustees.
(j) VOLUNTARY SERVICES.—Notwithstanding section
1342 of title 31, United States Code, the chairperson of
the Board of Trustees may accept for the Board of Trust-
ees voluntary services provided by a member of the Board
of Trustees.
SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MU-
SEUM.
(a) IN GENERAL.—The Board of Trustees shall—
(1) recommend annual budgets for the Mu-
seum;
(2) consistent with the general policy estab-
lished by the Board of Regents, have the sole au-
thority to—
(A) loan, exchange, sell, or otherwise dis-
pose of any part of the collections of the Mu-
seum, but only if the funds generated by such
disposition are used for additions to the collec-
tions of the Museum or for additions to the en-
dowment of the Museum;
(B) subject to the availability of funds and
the provisions of annual budgets of the Mu-
seum, purchase, accept, borrow, or otherwise
acquire artifacts and other property for addi-
tion to the collections of the Museum;
(C) establish policy with respect to the uti-
lization of the collections of the Museum; and
(D) establish policy regarding program-
ming, education, exhibitions, and research, with
respect to the life and culture of African Ameri-
cans, the role of African Americans in the his-
tory of the United States, and the contributions
of African Americans to society;
(3) consistent with the general policy estab-
lished by the Board of Regents, have authority to—
(A) provide for restoration, preservation,
and maintenance of the collections of the Mu-
seum;
(B) solicit funds for the Museum and de-
termine the purposes to which those funds shall
be used;
(C) approve expenditures from the endow-
ment of the Museum, or of income generated
from the endowment, for any purpose of the
Museum; and
(D) consult with, advise, and support the
Director in the operation of the Museum;
(4) establish programs in cooperation with
other African American museums, historically black
colleges and universities, historical societies, edu-
cational institutions, cultural and other organiza-
tions for the education and promotion of under-
standing regarding African American life, art, his-
tory, and culture;
(5) support the efforts of other African Amer-
ican museums, historically black colleges and univer-
sities, and cultural and other organizations to edu-
cate and promote understanding regarding African
American life, art, history, and culture, including—
(A) development of cooperative programs
and exhibitions;
(B) identification, management, and care
of collections;
(C) participation in the training of mu-
seum professionals; and
(D) creating opportunities for—
(i) research fellowships; and
(ii) professional and student intern-
ships;
(6) adopt bylaws to carry out the functions of
the Board of Trustees; and
(7) report annually to the Board of Regents on
the acquisition, disposition, and display of African
American objects and artifacts and on other appro-
priate matters.
SEC. 7. DIRECTOR AND STAFF.
(a) IN GENERAL.—The Secretary of the Smithsonian
Institution, in consultation with the Board of Trustees,
shall appoint a Director who shall manage the Museum.