I
107TH CONGRESS
1ST SESSION
H. R. 1718
To establish the National Museum of African American History and Culture
within the Smithsonian Institution.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 2001
Mr. LEWIS of Georgia (for himself, Mr. WATTS of Oklahoma, Mr. GEPHARDT,
Mr. ARMEY, Mr. FROST, Mr. BONIOR, Mr. RANGEL, Mr. HOYER, Mr.
LAHOOD, Mr. FRANK, Mr. MCDERMOTT, Mr. ETHERIDGE, Mr.
LAMPSON, Mr. BORSKI, Mr. MATHESON, Mr. STARK, Mr. DAVIS of Illi-
nois, Mr. SANDERS, Mr. HONDA, Mr. TOM DAVIS of Virginia, Mr.
PASCRELL, Ms. KAPTUR, Mr. HOUGHTON, Mr. LUCAS of Oklahoma, Mr.
BISHOP, Ms. CARSON of Indiana, Mrs. CHRISTENSEN, Mr. CLAY, Mrs.
CLAYTON, Mr. CLYBURN, Mr. CONYERS, Mr. CUMMINGS, Mr. FATTAH,
Mr. FORD, Mr. HASTINGS of Florida, Mr. HILLIARD, Mr. JACKSON of
Illinois, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms. EDDIE BER-
NICE JOHNSON of Texas, Ms. KILPATRICK, Ms. LEE, Ms. MCKINNEY,
Mrs. MEEK of Florida, Mr. MEEKS of New York, Ms. MILLENDER-
MCDONALD, Ms. NORTON, Mr. OWENS, Mr. PAYNE, Mr. RUSH, Mr.
THOMPSON of Mississippi, Mr. TOWNS, Ms. WATERS, Mr. WATT of North
Carolina, Mr. MCINTYRE, Mr. JOHNSON of Illinois, Mr. BARRETT, and
Mr. LANTOS) introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committee
on Transportation and Infrastructure, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To establish the National Museum of African American
History and Culture within the Smithsonian Institution.
(4) Those African Americans who suffered
under slavery and their descendants show us the
strength of the human character and provide us with
a model of courage, commitment, and perseverance.
A national museum dedicated to the history of and
commemorating those who suffered the grave injus-
tice of slavery in this country will help in ‘‘binding
our Nation’s wounds’’ rooted in slavery and will
allow all Americans to understand the past and
honor the history of all Americans.
(5) Leaders of the African American commu-
nity in the 1950s and 1960s led this Nation in the
civil rights movement with the intent of ending dis-
crimination against African Americans. During this
period, many African American churches were de-
stroyed and countless individuals involved in this
movement were often beaten and killed. Through the
devotion and sacrifice of those leaders, the civil
rights movement made great strides in ensuring
equality for African Americans in this country.
(6) African Americans have enriched the cul-
tural make-up of the United States by their con-
tributions in the areas of science, medicine, the arts
and humanities, sports, music, and dance.
(7) Preserving this rich record of the experi-
ences of African Americans, studying their experi-
ences, and presenting those experiences through ex-
hibits to the public would be of great educational
and social value.
(8) The creation of a National Museum of Afri-
can American History and Culture located on the
National Mall in the District of Columbia and ad-
ministered by the Smithsonian Institution’s Board of
Regents was endorsed in 1991 by a unanimous vote
by the Smithsonian Institution’s Board of Regents.
(9) The Smithsonian African American Institu-
tional Study recommended that the National Mu-
seum of African American History and Culture be
established in the Arts and Industries Building of
the Smithsonian Institution.
(10) Although the Smithsonian Institution has
had some success in focusing on African American
history and culture, the programming on African
American history and culture has been occasional
and episodic.
(11) A National Museum of African American
History and Culture will provide a continued and
consistent African American presence on the Na-
tional Mall.
(12) A National Museum of African American
History and Culture will have the ability to admin-
ister other important facilities, including the African
American Burial Ground National Historic Land-
mark in New York, New York, which holds the re-
mains of more than 20,000 enslaved Africans and
first-generation African Americans from the colonial
era. The Secretary of the Smithsonian stated in
1998 that the African American Burial Ground af-
fords the perfect opportunity to gain insight into the
institution of slavery, as practiced in urban, rural,
northern, and southern parts of the United States,
and proposed that a partnership be formed among
the Smithsonian, the National Park Service, and the
General Services Administration to further develop
the site.
(13) The National Museum of African Amer-
ican History and Culture established by this Act will
be dedicated to the collection, preservation, research,
and exhibition of African American historical and
cultural material reflecting the breadth and depth of
the experiences of persons of African descent living
in the United States.
(14) The National Museum of African Amer-
ican History and Culture will coordinate the collec-
tion of material related to African Americans, which
is rapidly disappearing due to a lack of resources
and trained professionals engaged in preservation.
(15) The work of the National Museum of Afri-
can American History and Culture will be, fun-
damentally, the same as the work of all museums in
the United States that reflect and express the expe-
riences of the people of the United States in an in-
clusive manner.
SEC. 3. ESTABLISHMENT OF THE NATIONAL MUSEUM OF
AFRICAN AMERICAN HISTORY AND CULTURE.
(a) ESTABLISHMENT.—There is established within
the Smithsonian Institution the National Museum of Afri-
can American History and Culture (hereafter referred to
in this Act as the ‘‘Museum’’), and the Smithsonian Insti-
tution shall maintain and administer the Museum.
(b) PURPOSE.—The purpose of the Museum is to pro-
vide for—
(1) the collection, study, and creation of schol-
arship relating to the African American diaspora
that encompasses slavery, the era of reconstruction,
the Harlem renaissance, the civil rights movement,
and beyond;
(2) the creation and maintenance of permanent
and temporary exhibits documenting African Amer-
ican slavery and African American life, art, history,
and culture from slavery and the era of reconstruc-
tion to the Harlem renaissance, the civil rights
movement, and beyond;
(3) the collection and study of artifacts and
documents relating to African American life, art,
history, and culture and the African American dias-
pora;
(4) the establishment of programs in coopera-
tion with other museums, historical societies, edu-
cational institutions, and other organizations that
research and study modern day practices of slavery
throughout the world;
(5) collaboration between the Museum and
other African American museums, historically black
colleges and universities, and other museums, histor-
ical societies, educational institutions, and other or-
ganizations that promote the study of the African
American 
diaspora 
including 
collaboration
regarding—
(A) development of cooperative programs
and exhibitions;
(B) identification, management, and care
of collections; and
(C) participation in the training of mu-
seum professionals; and
(6) leadership and commitment to historical ac-
curacy in the study, education, and exhibition of Af-
rican American life, art, history, and culture in the
Museum and throughout the United States.
SEC. 4. COUNCIL.
(a) ESTABLISHMENT.—There is established in the
Smithsonian Institution the National Museum of African
American History and Culture Council (hereafter referred
to in this Act as the ‘‘Council’’).
(b) DUTIES.—
(1) IN GENERAL.—The Council, subject to sub-
section (l) and to the general policies of the Board
of Regents of the Smithsonian Institution (hereafter
referred to in this Act as the ‘‘Board of Regents’’),
shall have sole authority to—
(A) 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 or the Council;
(B) establish policy with respect to the uti-
lization of the collections and resources of the
Museum, including policies on programming,
education, exhibitions, and research with re-
spect to life, art, and culture of African Ameri-
cans, the role of African Americans in the his-
tory of the United States, from slavery to the
present, and the contributions of African Amer-
icans to society;
(C) purchase, accept, borrow, and other-
wise acquire artifacts and other property for
addition to the collections of the Museum;
(D) provide for restoration, preservation,
and maintenance of the collections of the Mu-
seum;
(E) loan, exchange, sell, and 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 programs carried
out under section 6; and
(F) contract with and compensate Federal
Government and private agencies or persons for
supplies and services that would aid the work of
the Museum, without regard to section 3709 of
the Revised Statutes (41 U.S.C. 5).
(2) ADMINISTRATION.—Subject to subsection
(l), the Board of Regents shall advise and assist the
Council on all matters relating to the administration,
operation, maintenance, and preservation of the Mu-
seum.
(3) ANNUAL REPORT TO CONGRESS.—Subject
to subsection (l), the Council shall submit to Con-
gress an annual report that—
(A) provides a detailed account of the ac-
tivities of the Council and the Museum;
(B) recommends an annual budget for the
Council and the Museum; and
(C) identifies the future needs of the Coun-
cil and the Museum.
(4) ANNUAL REPORT TO THE BOARD OF RE-
GENTS.—Subject to subsection (l), the Council shall
report annually to the Board of Regents on the ac-
quisition, disposition, and display of African Amer-
ican objects and artifacts and on other appropriate
matters.
(c) COMPOSITION AND APPOINTMENT.—
(1) IN GENERAL.—The Council shall be com-
posed of 25 voting members as provided under para-
graph (2) and 7 honorary nonvoting members as
provided under paragraph (3).
(2) VOTING MEMBERS.—
(A) IN GENERAL.—The Council shall in-
clude the following voting members:
(i) The Secretary of the Smithsonian
Institution.
(ii) An Assistant Secretary of the
Smithsonian Institution appointed by the
Board of Regents.
(B) 
INITIAL
VOTING
MEMBERS.—The
Council shall initially include the following vot-
ing members:
(i) 13 individuals of diverse disciplines
and geographical residence who are com-
mitted to the advancement of knowledge of
African American history and culture ap-
pointed as follows:
(I) 5 individuals shall be ap-
pointed by the President from a list of
nominees provided by the President
pro tempore of the Senate in consulta-
tion with the majority and minority
leaders of the Senate.
(II) 5 individuals shall be ap-
pointed by the President from a list of
nominees provided by the Speaker of
the House of Representatives in con-
sultation with the majority and minor-
ity leaders of the House of Represent-
atives.
(III) 3 individuals shall be ap-
pointed by the President.
(ii) 10 individuals appointed as fol-
lows:
(I) 5 individuals shall be ap-
pointed by the President from a list of
nominees, provided by the President
pro tempore of the Senate in consulta-
tion with the majority and minority
leaders of the Senate, and rec-
ommended by the Association of Afri-
can American Museums, the National
African American Museum and Cul-
ture Complex, historically black col-
leges and universities, and cultural or
other organizations committed to the
advancement of knowledge of African
American life, art, history and cul-
ture.
(II) 5 individuals shall be ap-
pointed by the President from a list of
nominees, provided by the Speaker of
the House of Representatives in con-
sultation with the majority and minor-
ity leaders of the House of Represent-
atives, and recommended by the Asso-
ciation of African American Museums,
the National African American Mu-
seum and Culture Complex, histori-
cally black colleges and universities,
and cultural or other organizations
committed to the advancement of
knowledge of African American life,
art, history and culture.
(C) SUBSEQUENT APPOINTMENTS.—A va-
cancy created upon the expiration of the term
of any member appointed under subparagraph
(B) shall be filled in the manner provided under
subsection (d)(2)(B).
(3) HONORARY
NONVOTING
MEMBERS.—The
Council shall include the following honorary non-
voting members:
(A) The Secretary of the Interior.
(B) 3 Members of the House of Represent-
atives appointed by the Speaker of the House of
Representatives upon the recommendation of
the majority and minority leaders of the House
of Representatives.
(C) 3 Senators appointed by the President
pro tempore of the Senate upon the rec-
ommendation of the majority and minority lead-
ers of the Senate.
(d) TERMS.—
(1) IN GENERAL.—
(A) INITIAL
APPOINTMENT.—Except as
provided in this subsection, each initial voting
member of the Council appointed under sub-
section (c)(2)(B) and each honorary nonvoting
member initially appointed under subsection
(c)(3) shall be appointed for a term that termi-
nates 9 years after the date on which the Mu-
seum first opens to the general public.
(B) SUBSEQUENT
APPOINTMENTS.—Ex-
cept as provided in this subsection, each of the
members of the Council that are appointed to
a full term after the members described in sub-
paragraph (A) shall be appointed for a term of
6 years.
(C) REAPPOINTMENT.—Members of the
Council may be reappointed for subsequent
terms.
(2) VACANCIES.—
(A) IN GENERAL.—Any member appointed
to fill a vacancy occurring before the expiration
of the term for which the member’s predecessor
was appointed shall be appointed only for the
remainder of that term.
(B) VOTING MEMBERS.—A vacancy among
the voting members on the Council shall be
filled with a member appointed by the President
from a list of nominees provided by the Council.
(C) MEMBERS OF CONGRESS.—If a mem-
ber appointed to the Council under subpara-
graph (B) or (C) of subsection (c)(3) ceases to
hold the office that qualified such member for
appointment, that member shall cease to be a
member of the Council. Any vacancy among
such members shall be filled in the manner in
which the original appointment was made.
(D) POWERS OF COUNCIL.—A vacancy on
the Council, including among the honorary non-
voting members, shall not affect the powers of
the Council.
(e) COMPENSATION.—
(1) IN GENERAL.—Except as provided in para-
graph (2), members of the Council shall serve with-
out pay.
(2) EXPENSES.—Members of the Council shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
(f) CHAIRPERSON.—The Council shall elect a chair-
person by a majority vote of the voting members of the
Council.
(g) MEETINGS.—
(1) IN GENERAL.—The Council shall meet at
the call of the chairperson or upon the written re-
quest of a majority of the voting members of the
Council, but shall meet, subject to paragraph (2),
not fewer than 2 times each year.
(2) PLANNING.—During the first year, the
Council shall meet not fewer than 10 times for the
purpose of the planning and design of the Museum.
(h) QUORUM.—A majority of the voting members of
the Council shall constitute a quorum for purposes of con-
ducting business, but a lesser number may receive infor-
mation on behalf of the Council.
(i) BYLAWS.—The Council shall adopt bylaws.
(j) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Council may, if authorized by a major-
ity of the voting members of the Council, take any action
that the Council is authorized to take by this Act.
(k) VOLUNTARY SERVICES.—Notwithstanding sec-
tion 1342 of title 31, United States Code, the chairperson
of the Council may accept for the Council voluntary serv-
ices provided by a member of the Council.
(l) TRANSFER OF POWERS AND DUTIES.—
(1) IN GENERAL.—Except as provided in this
subsection, the Council’s powers and duties shall
transfer to the Board of Regents 3 years after the
date on which the Museum first opens to the general
public.
(2) ADVISORY COUNCIL.—
(A) IN GENERAL.—3 years after the date
on which the Museum first opens to the general
public, the Council shall become an advisory
council (hereafter referred to in this Act as the
‘‘Advisory Council’’). The Advisory Council
shall have the same membership as the Council
had immediately before becoming the Advisory
Council. The terms of the members of the
Council shall continue uninterrupted when such
members become members of the Advisory
Council. Subsections (c) through (f) and (h)
through (j) shall apply to the Advisory Council
in the same manner as such subsections applied
to the Council immediately before the Council
becomes the Advisory Council.
(B) DUTIES OF THE ADVISORY COUNCIL.—
The Advisory Council shall advise the Board of
Regents on matters related to the administra-
tion, operation, and maintenance of the Mu-
seum.
(C) MEETINGS.—The Advisory Council
shall meet not fewer than 1 time each year.
(D) PERMANENT COMMITTEE.—Section 14
of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Advisory
Council.
SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM.
(a) IN GENERAL.—The Council, subject to section
4(l) and in consultation with the Board of Regents, shall
appoint a Director who shall manage the Museum.
(b) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—
(1) APPOINTMENTS.—Subject to section 4(l),
the Council may appoint the Director and any addi-
tional personnel to serve under the Director, without
regard to the provisions of title 5, United States
Code, governing appointments in the competitive
service.
(2) PAY.—Subject to section 4(l), the Council
may fix the pay of the Director at a rate not to ex-
ceed the maximum rate of basic pay payable for level
III of the Executive Schedule and fix the pay of
such additional personnel as the Council considers
appropriate.
SEC. 6. OFFICE OF EDUCATION AND LIAISON PROGRAMS.
(a) OFFICE ESTABLISHED.—There is established
within the Museum, the Office of Education and Liaison
Programs, which shall carry out educational programs
with respect to the Museum and other programs in col-
laboration with other African American museums.
(b) FUNCTIONS.—The Office of Education and Liai-
son Programs shall—
(1) carry out public educational programs with-
in the Museum relating to African American life,
art, history, and culture, including programs uti-
lizing digital, electronic, and interactive technologies,
and programs in collaboration with elementary
schools, secondary schools, and post-secondary
schools; and
(2) collaborate with African American museums
by—
(A) establishing educational grant pro-
grams that strengthen museum operations, im-
prove care of museum collections, and increase
professional development;
(B) providing internship and fellowship
programs that allow individuals pursuing ca-
reers or carrying out studies in the arts, hu-
manities, and sciences to study African Amer-
ican life, art, history and culture;
(C) providing scholarship programs to as-
sist individuals who demonstrate a commitment
to a career in African American museum man-
agement in financing their studies; and
(D) collaborating with national and inter-
national organizations that address the issue of
slavery in the international community.
SEC. 7. LOCATION OF THE NATIONAL MUSEUM OF AFRICAN
AMERICAN HISTORY AND CULTURE.
(a) MAIN BUILDING.—The Council, in consultation
with the Board of Regents, is authorized to plan, design,
reconstruct, and renovate the Arts and Industries Build-
ing of the Smithsonian Institution and the surrounding
site to house the Museum. The Council, subject to section
4(l), shall consider expanding, and is authorized to ex-
pand, the Arts and Industries Building horizontally,
vertically, and below ground.
(b) ADDITIONAL FACILITIES.—
(1) ADJACENT FACILITIES.—
(A) IN GENERAL.—If the Council deter-
mines that facilities in addition to the Arts and
Industries Building of the Smithsonian Institu-
tion are needed for the Museum, the Council,
subject to section 4(l) and in consultation with
the Administrator of General Services and the
National Capital Planning Commission, is au-
thorized to—
(i) identify a site for the additional fa-
cilities;
(ii) acquire real property for the addi-
tional facilities;
(iii) design the additional facilities;
and
(iv)(I) construct a building for the ad-
ditional facilities; or
(II) reconstruct and renovate a build-
ing for the additional facilities.
(B) LOCATION.—Any additional facilities
for the Museum shall be located, if feasible, on
or adjacent to the National Mall.
(C) PURCHASE
AUTHORITY.—After con-
sultation with the Administrator of General
Services and the National Capital Planning
Commission, the Council, subject to section
4(l), may purchase, with the consent of the
owner thereof, any real property on or adjacent
to the National Mall for such additional facili-
ties.
(D) TRANSFER AUTHORITY.—For the pur-
pose of securing additional facilities, any de-
partment or agency of the United States is au-
thorized to transfer to the Council any interest
of such department or agency in real property
located on or adjacent to the National Mall, and
the Council, subject to section 4(l) and after
consultation with the Administrator of General
Services and the National Capital Planning
Commission, may accept any such interest in
such property.
(2) FEASIBILITY STUDY FOR AFRICAN BURIAL
GROUND FACILITY.—Subject to section 4(l) and in
consultation with the Director of the National Park
Service and the Administrator of General Services,
the Council shall arrange for a study of the African
Burial Ground National Historic Landmark in New
York, New York, to determine the feasibility and
cost of acquiring a site for, planning, designing, and
constructing a significant facility consisting of a mu-
seum and visitors center at or near the site.
(c) COST-SHARING.—The Council shall pay 1⁄2 of the
total cost of carrying out this section from appropriated
funds (except with respect to the study under paragraph
(2)(A) for which the Council shall pay 100 percent from
funds appropriated under section 10(b)(3)). The Council
shall pay the remainder of such costs from non-Federal
sources.
(d) COMMEMORATIVE WORKS ACT.—Any building to
house the Museum, including any additional facilities for
the Museum, is not a commemorative work for purposes
of the Commemorative Works Act (40 U.S.C. 1001 et
seq.).
SEC. 8. NATIONAL MALL.
In this Act, the term ‘‘National Mall’’ means the Na-
tional Mall (United States Government Reservations 3, 4,
5, and 6) in the District of Columbia.
SEC. 9. AUTHORITY.
Authority under this Act to enter into contracts or
to make payments is effective in any fiscal year only to
the extent provided in advance in an appropriations act,
except as provided under section 10(b)(4).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) RENOVATION.—There is authorized to be appro-
priated such sums as may be necessary to carry out the
activities authorized under section 7, other than section
7(b)(2)(A).
(b) OPERATION AND MAINTENANCE.—
(1) IN GENERAL.—There is authorized to be
appropriated to the Council to carry out this Act,
other than sections 6 and 7—
(A) $15,000,000 for fiscal year 2002; and
(B) such sums as may be necessary for
each succeeding fiscal year.
(2) OFFICE OF EDUCATION AND LIAISON PRO-
GRAMS.—There is authorized to be appropriated to
the Council to carry out section 6, $10,000,000 for
fiscal year 2002 and for each succeeding fiscal year.
(3) AFRICAN
BURIAL
GROUND
FEASIBILITY
STUDY.—There is authorized to be appropriated
$3,000,000 for fiscal year 2002 to carry out section
7(b)(2)(A).
(4) AVAILABILITY.—The amounts appropriated
under this subsection shall remain available for the
operation and maintenance of the Museum until ex-
pended.
SEC. 11. AMENDMENT.
Section 5580 of the Revised Statutes (20 U.S.C. 42)
is amended in subsection (b)(2) by inserting ‘‘the National
Museum of African American History and Culture,’’ after
‘‘Performing Arts,’’.
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