[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3491 Enrolled Bill (ENR)]
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 Smithsonian
Institution that--
(A) is devoted to the documentation of African 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 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 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 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.
(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 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 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 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 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 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, 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 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;
(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
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 Regents, shall have authority--
(A) to provide for preservation, restoration, and
maintenance 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 following
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 recommended
by organizations and entities that are committed to the
advancement of knowledge of African American life, art,
history, and culture; and
(ii) taking into consideration individuals recommended
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 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 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 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 conducting
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 subject 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 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. EDUCATIONAL AND LIAISON PROGRAMS.
(a) In General.--
(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 interactive
technologies; and
(ii) programs carried out in collaboration with
elementary schools, secondary schools, and postsecondary
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
professional management at African American museums;
(B) a grant program with the purpose of providing
internship and fellowship opportunities at African American
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
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 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 educational
exhibits.
(2) Authorization of appropriations.--There are authorized 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 AMERICAN 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.
(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, District 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 Subcommittee 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 Administration 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 construct a
building for the Museum, which shall be located at the site
designated by the Board of Regents under this paragraph.
(3) Nonapplicability of provisions relating to monuments 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 sections 7(b)
and 8--
(1) $17,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each fiscal year thereafter.
(b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
(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.