I 
108TH CONGRESS 
1ST SESSION H. R. 2205
To establish within the Smithsonian Institution the National Museum of 
African American History and Culture, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 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 Committee on Transportation and Infrastruc-
ture, 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 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 located on the National Mall 
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; 
(D) the civil rights movement; and 
(E) other periods of the African American 
diaspora; 
(2) the creation and maintenance of permanent 
and temporary exhibits documenting the history of 
slavery in America and African American life, art, 
history, and culture during the periods referred to in 
paragraph (1); 
(3) the collection and study of artifacts and 
documents relating to African American life, art, 
history, and culture; and 
(4) collaboration between the Museum and 
other museums, historically black colleges and uni-
versities, historical societies, educational institutions, 
and other organizations that promote the study or 
appreciation of African American life, art, history, 
or culture, including collaboration concerning—
(A) development of cooperative programs 
and exhibitions; 
(B) identification, management, and care 
of collections; and 
(C) training of museum professionals.
SEC. 5. COUNCIL. 
(a) ESTABLISHMENT.—There is established within 
the Smithsonian Institution a council to be known as the 
‘‘National Museum of African American History and Cul-
ture Council’’. 
(b) DUTIES.—
(1) IN GENERAL.—The Council shall—
(A) make recommendations to the Board 
of Regents concerning the planning, design, and 
construction of the Museum; 
(B) advise and assist the Board of Regents 
on all matters relating to the administration, 
operation, maintenance, and preservation of the 
Museum; 
(C) recommend annual operating budgets 
for the Museum to the Board of Regents; 
(D) report annually to the Board of Re-
gents on the acquisition, disposition, and dis-
play of objects relating to African American 
life, art, history, and culture; and 
(E) adopt bylaws for the operation of the 
Council. 
(2) PRINCIPAL RESPONSIBILITIES.—The Coun-
cil, subject to the general policies of the Board of 
Regents, shall have sole authority to—
(A) purchase, accept, borrow, and other-
wise acquire artifacts and other property for 
addition to the collections of the Museum; 
(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—
(i) additions to the collections of the 
Museum; or 
(ii) programs carried out under sec-
tion 7(a); and 
(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 services and 
property, both real and personal, for the pur-
pose 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 other 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. 
(4) SPECIAL RULE FOR CERTAIN MEMBERS.—
Of the total number of members of the Council ap-
pointed under subparagraph (C) of paragraph (2), 
not fewer than 9 shall be of African-American de-
scent. 
(d) TERMS.—
(1) IN GENERAL.—Except as provided in this 
subsection, each appointed member of the Council 
shall be appointed for a term of 6 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 2 years; 
(B) 6 members shall be appointed for a 
term of 4 years; and
(C) 5 members shall be appointed for a 
term of 6 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. 
(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. 
(i) VOLUNTARY SERVICES.—Notwithstanding section 
1342 of title 31, United States Code, the chairperson of
the Council may accept for the Council voluntary services 
provided by a member 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. OFFICE OF EDUCATION AND LIAISON PROGRAMS. 
(a) IN GENERAL.—
(1) ESTABLISHMENT.—There is established 
within the Museum the Office of Education and Li-
aison Programs. 
(2) FUNCTIONS.—The Office of Education and 
Liaison Programs 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 Office of Education and Liaison 
Programs, the Director 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 18 
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 area bounded by Constitution 
Avenue, Pennsylvania Avenue, and 1st and 
3rd Streets, Northwest.
(ii) The Arts and Industries Building 
of the Smithsonian Institution, located on 
the National Mall at 900 Jefferson Drive, 
Southwest, Washington, District of Colum-
bia. 
(iii) The area bounded by Constitution 
Avenue, Madison Drive, and 14th and 
15th Streets, Northwest. 
(iv) The site known as the ‘‘Liberty 
Loan site’’, located on 14th Street South-
west at the foot of the 14th Street Bridge. 
(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)(i). 
(ii) TRANSFER TO SMITHSONIAN IN-
STITUTION.—Except with respect to a site 
described in clause (i) or (ii) of subpara-
graph (B), if the site designated for the 
Museum is in an area that is under the ad-
ministrative jurisdiction of a Federal agen-
cy, as soon as practicable after the date on 
which the designation is made, the head of