H. R. 3491
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
An Act
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 Representatives 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 Americans is rooted in the very fabric
of the democracy and freedom of the United States;
(2) there exists no national museum within the Smithso-
nian Institution that—
(A) is devoted to the documentation of African Amer-
ican 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 African American
life, art, history, and culture; and
(3) a National Museum of African American History and
Culture would be dedicated to the collection, preservation,
research, and exhibition of African American historical and
cultural material reflecting the breadth and depth of the experi-
ences 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 Smithsonian 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.
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(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Smithsonian Institution.
SEC. 4. ESTABLISHMENT OF MUSEUM.
(a) ESTABLISHMENT.—There is established within the Smithso-
nian Institution a museum to be known as the ‘‘National Museum
of African American History and Culture’’.
(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, history, 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 tem-
porary 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 universities, 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 exhibi-
tions;
(B) identification, management, and care of collections;
and
(C) training of museum professionals.
SEC. 5. COUNCIL.
(a) ESTABLISHMENT.—There is established within the Smithso-
nian Institution a council to be known as the ‘‘National Museum
of African American History and Culture 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, mainte-
nance, 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 Regents on the
acquisition, disposition, and display 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 Council, subject to
the general policies of the Board of Regents, shall have sole
authority to—
(A) purchase, accept, borrow, and otherwise acquire
artifacts for addition to the collections of the Museum;
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(B) loan, exchange, sell, and otherwise dispose of any
part of the collections of the Museum, but only if the
funds generated by that disposition are used for additions
to the collections of the Museum; or
(C) specify criteria with respect to the use of the collec-
tions 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 Regents, shall have authority—
(A) to provide for preservation, restoration, and mainte-
nance of the collections of the Museum; 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 composed of 19
voting members as provided under paragraph (2).
(2) VOTING MEMBERS.—The Council shall include the fol-
lowing voting members:
(A) The Secretary of the Smithsonian Institution.
(B) One member of the Board of Regents, appointed
by the Board of Regents.
(C) Seventeen individuals appointed by the Board of
Regents—
(i) taking into consideration individuals rec-
ommended by organizations and entities that are com-
mitted to the advancement of knowledge of African
American life, art, history, and culture; and
(ii) taking into consideration individuals rec-
ommended 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 subparagraph (C) of subsection (c)(2)—
(A) six members shall be appointed for a term of 1
year;
(B) six members shall be appointed for a term of 2
years; and
(C) five members shall be appointed for a term of
3 years.
(3) REAPPOINTMENT.—A member of the Council may be
reappointed, except that no individual may serve on the Council
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for a total of more than 2 terms. For purposes of this paragraph,
the number 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 paragraph (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 paragraph (2), a
member of the Council shall serve without pay.
(2) TRAVEL EXPENSES.—A member of the Council shall be
allowed travel expenses, including per diem in lieu of subsist-
ence, 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 period 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 con-
ducting 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 sub-
ject to the policies of the Board of Regents.
(b) STAFF.—The Secretary may appoint two 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 competi-
tive service.
(c) PAY.—The employees appointed by the Secretary under sub-
section (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.—
H. R. 3491—5
(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 carrying out this
section, the Director shall—
(A) carry out educational programs relating to African
American life, art, history, and culture, including—
(i) programs using digital, electronic, and inter-
active technologies; and
(ii) programs carried out in collaboration with
elementary schools, secondary schools, and postsec-
ondary schools; and
(B) consult with the Director of the Institute of
Museum and Library Services concerning 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 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 profes-
sional management at African American museums;
(B) a grant program with the purpose of providing
internship and fellowship opportunities at African Amer-
ican museums;
(C) a scholarship program with the purpose of assisting
individuals who are pursuing careers or carrying out
studies in the arts, humanities, and sciences in the study
of African American life, art, history, and culture;
(D) in cooperation with other museums, historical soci-
eties, 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 African-American
museum (including a nonprofit education organization the
primary mission of which is to promote the study of African-
American 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 programming; and
(ii) maintaining and operating traveling edu-
cational exhibits.
(2) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Director of the Institute of
Museum and Library Services 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 AFRICAN AMER-
ICAN 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.
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(B) SITES FOR CONSIDERATION.—In designating 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, Dis-
trict of Columbia.
(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 Southwest 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 Regents designates a site for the Museum
under subparagraph (A).
(ii) TRANSFER
TO
SMITHSONIAN
INSTITUTION.—
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 administrative
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
Smithsonian Institution administrative jurisdiction
over the area.
(D) CONSULTATION.—The Board of Regents shall carry
out its duties under this paragraph 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 section 10.
(iv) The Chair of the Building and Site Sub-
committee of the Presidential Commission referred to
in section 10.
(v) The Chair and ranking minority member of
each of the following Committees:
(I) The Committee on Rules and Administra-
tion of the Senate.
(II) The Committee on House Administration
of the House of Representatives.
(III) The Committee on Transportation and
Infrastructure of the House of Representatives.
(IV) The Committee on Appropriations of the
House of Representatives.
(V) The Committee on Appropriations of the
Senate.
(2) CONSTRUCTION OF BUILDING.—The Board of Regents,
in consultation with the Council, may plan, design, and con-
struct a building for the Museum, which shall be located at
the site designated by the Board of Regents under this para-
graph.
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(3) NONAPPLICABILITY OF PROVISIONS RELATING TO MONU-
MENTS 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 necessary 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 Council 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 appropriated to
the Smithsonian Institution to carry out this Act, other than sec-
tions 7(b) and 8—
(1) $17,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each fiscal year there-
after.
(b) AVAILABILITY.—Amounts made available under subsection
(a) shall remain available until expended.
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(c) USE OF FUNDS FOR FUNDRAISING.—Amounts appropriated
pursuant to the authorization under this section may be used to
conduct fundraising in support of the Museum from private sources.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.