An Act to authorize the Smithsonian Institution to acquire the Museum of African Art, and for other purposes.
PL 95-414 (S.2507), enacted 10/05/1978

PUBLIC LAW 95-414^0CT. 5, 1978 
92 STAT. 911 
Public Law 95-414 
95th G)ngress 
An Act 
To authorize the Smithsonian Institution to acquire the Museum of African Art, 
and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. The Board of Regents of the Smithsonian Institution 
(hereinafter in this Act referred to as the "Board") is authorized to 
accept a deed or other instrument donating and transferring to the 
Smithsonian Institution, the land and improvements thereto, collec-
tions of works of art, and all other assets and property of the Museum 
of African Art. 
SEC. 2. There is established in the Smithsonian Institution a bureau 
which shall be known as the "Museum of African Art" (hereinafter 
in this Act referred to as the "Museum"). The functions of such 
bureau shall be those authorized by section 3(a). 
SEC. 3. (a) For the purpose of carrying out sections 1 and 2 of this 
Act, the Board may— 
(1) purchase, accept, borrow, or otherwise acquire additional 
works of art or any other real or personal property for the 
Museum; 
(2) preserve, maintain, restore, display, loan, transfer, store, or 
otherwise hold any property of whatsoever nature acquired pur-
suant to section 1 or paragraph (1) of this subsection; 
(3) conduct programs of research and education; and 
(4) subject to any limitations otherwise expressly provided by 
law, and, in the case of any gift, subject to any applicable restric-
tions under the terms of such gift, sell, exchange, or otherwise 
dispose of any property of whatsoever nature acquired pursuant 
to the provisions of this Act: Provided, That the proceeds from 
the sale of any property acquired pursuant to section 1 shall be 
designated for the benefit of the Museum. 
(b) In carrying out the purposes of this Act, the Board shall con-
sider the recommendations of the Commission established pursuant 
to section 4. 
SEC. 4. (a) There is established a Commission for the Museum of 
African Art (hereinafter the "Commission") which shall provide 
advice and assistance to the Board concernmg the operation and 
development of the Museum, its collections and programs. 
(b) The Commission shall consist of fifteen members to be appointed 
by the Board. In addition, the Secretary and an Assistant Secretary 
of the Smithsonian Institution shall serve as ex officio members. The 
Board shall appoint to the first term on the Commission no less than 
ten members of the Board of Trustees of the Museum of African 
Art who are serving on the date of the enactment of this Act>. Each 
Oct. 5, 1978 
[S. 2507] 
Smithsonian 
Institution. 
Museum of 
African Art, 
transfer. 
20 u s e 80k. 
Establishment. 
20 u s e 80/. 
Functions. 
20 u s e 80m. 
eommission for 
the Museum of 
African Art. 
EstabUshment. 
20 u s e 80n. 
Membership. 
92 STAT. 912 
PUBLIC LAW 95-414—OCT. 5, 1978 
Term. 
Compensation. 
20 u s e 80o. 
5 u s e 5101 
et seq. 
5 use 5331. 
Funds. 
20 use 80p. 
Appropriation 
authorization. 
initial member so appointed shall serve for a three-year term. There-
after, in appointing members of the Commission the Board shall 
continue to include representatives of African descendents in the 
United States, collectors of African Art, and scholars in the fields of 
African art and culture. 
(c) Members of the Commission shall be appointed to serve for a 
three-year term, except that after the appointment of the first term 
of the Commission as specified in subsection (b), the terms of office 
of members next appointed shall expire, as designated by the Board 
at the time of appointment, one-third at the end of one year, one-third 
at the end of two years, and one-third at the end of three years. Any 
member appointed to fill a vacancy occurring prior to the expiration 
of the term for which his predecessor was appointed shall be appointed 
for the remainder of such term. Members may be reappointed. 
(d) A majority of the appointed members of the Commission shall 
constitute a quorum and any vacancy in the Commission shall not 
affect its power to function. 
(e) Members of the Commission shall be reimbursed for travel, sub-
sistence, and other necessary expenses incurred by them in the per-
formance of their duties. 
(f) The Commission shall select officers, from among its members 
biennially and shall make bylaws to carry out its functions under this 
Act. 
SEC. 5. The Board may appoint and fix the compensation and duties 
of the Director and such other officers and employees of the Museum 
as may be necessary for the efficient administration, operation, and 
maintenance of the Museum; the Director and two other employees of 
the Museum may be appointed and compensated without regard to 
the provisions of title 5 governing appointments in the competitive 
service and chapter 51 and subchapter III of chapter 53 of title 5; and 
all of the employees of the Museum who are serving on the date of the 
transfer authorized under section 1 shall be offered employment by the 
Smithsonian under its usual terms of employment and may be 
appointed without regard to the provisions of title 5 governing 
appointments in the competitive service and chapter 61 and subchapter 
III of chapter 53 of title 5. 
SEC. 6. (a) The faith of the United States is pledged that upon the 
completion of the acquisition in section 1, the United States will 
provide such funds as may be necessary for the upkeep of the Museum 
and the administrative expenses and costs of operation thereof, includ-
ing the protection and care of works of art acquired by the Board, so 
the Museum shall at all times be properly maintained and works of 
art contained therein shall be exhibited regularly to the general public 
free of charge. 
(b) There is authorized to be appropriated for the first fiscal year 
under this Act, the sum of $1,000,000 and such amounts as may be 
necessary for the succeeding fiscal years in order to carry out the provi-
sions of this Act. 
PUBLIC LAW 95-414—OCT. 5, 1978 
92 STAT. 913 
SEC. 7. Except for the provisions in sections 1 and 6(b), the pro- Effective date. 
visions of this Act shall take effect on the date of transfer of a deed or 20 USC 80k note. 
other instrument under the provisions of section 1. 
Approved October 5, 1978. 
,, 
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LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1417 accompanying H.R. 10792 (Comm. on House Adminis-
tration). 
SENATE REPORT No. 95-793 (Comm. on Rules and Administration). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
May 16, considered and passed Senate. 
Sept. 18, considered and passed House, amended, in lieu of H.R. 10792. 
Sept. 22, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 40: 
Oct. 5, Presidential statement.