[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 277 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 277

To authorize the establishment of the National African American Museum 
                  within the Smithsonian Institution.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 2 (legislative day, January 5), 1993

 Mr. Simon (for himself, Mr. McCain, Mr. DeConcini, Mr. Dodd, and Ms. 
Moseley-Braun) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To authorize the establishment of the National African American Museum 
                  within the Smithsonian Institution.

    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 African American Museum 
Act''.

SEC. 2. FINDINGS.

    (a) Findings.--The Congress finds that--
            (1) the presentation and preservation of African American 
        life, art, history, and culture within the National Park System 
        and other Federal entities is inadequate;
            (2) the inadequate presentation and preservation of African 
        American life, art, history, and culture seriously restricts 
        the ability of the people of the United States, particularly 
        African Americans, to understand themselves and their past;
            (3) African American life, art, history, and culture 
        includes the varied experiences of Africans in slavery and 
        freedom and the continued struggles for full recognition of 
        citizenship and treatment with human dignity;
            (4) in enacting Public Law 99-511, the Congress encouraged 
        support for the establishment of a commemorative structure 
        within the National Park System, or on other Federal lands, 
        dedicated to the promotion of understanding, knowledge, 
        opportunity, and equality for all people;
            (5) the establishment of a national museum and the 
        conducting of interpretive and educational programs, dedicated 
        to the heritage and culture of African Americans, will help to 
        inspire and educate the people of the United States regarding 
        the cultural legacy of African Americans and the contributions 
        made by African Americans to the society of the United States; 
        and
            (6) the Smithsonian Institution operates 15 museums and 
        galleries, a zoological park, and 5 major research facilities, 
        none of which is a national institution devoted solely to 
        African American life, art, history, or culture.

SEC. 3. ESTABLISHMENT OF THE NATIONAL AFRICAN AMERICAN MUSEUM.

    (a) Establishment.--There is established within the Smithsonian 
Institution a Museum, which shall be known as the ``National African 
American Museum''.
    (b) Purpose.--The purpose of the Museum is to provide--
            (1) a center for scholarship relating to African American 
        life, art, history, and culture;
            (2) a location for permanent and temporary exhibits 
        documenting African American life, art, history, and culture;
            (3) a location for the collection and study of artifacts 
        and documents relating to African American life, art, history, 
        and culture;
            (4) a location for public education programs relating to 
        African American life, art, history, and culture; and
            (5) a location for training of museum professionals and 
        others in the arts, humanities, and sciences regarding museum 
        practices related to African American life, art, history, and 
        culture.

SEC. 4. LOCATION AND CONSTRUCTION OF THE NATIONAL AFRICAN AMERICAN 
              MUSEUM.

    The Board of Regents is authorized to plan, design, reconstruct, 
and renovate the Arts and Industries building of the Smithsonian 
Institution to house the Museum.

SEC. 5. BOARD OF TRUSTEES OF MUSEUM.

    (a) Establishment.--There is established in the Smithsonian 
Institution the Board of Trustees of the National African American 
Museum.
    (b) Composition and Appointment.--
            (1) In general.--The Board of Trustees shall be composed of 
        23 members, appointed as follows:
                    (A) The Secretary of the Smithsonian Institution 
                who shall serve as an ex officio member of the Board of 
                Trustees.
                    (B) An Assistant Secretary of the Smithsonian 
                Institution, designated by the Board of Regents.
                    (C) 1 Member of the House of Representatives 
                appointed by the Speaker of the House from among the 
                Speaker, Majority Leader, Minority Leader, Majority 
                Whip or Minority Whip of the House of Representatives.
                    (D) 1 Member of the Senate appointed by the 
                Majority Leader of the Senate from among the President 
                pro tempore, Majority Leader, Minority Leader, Majority 
                Whip or Minority Whip of the Senate.
                    (E) 5 individuals appointed by the Secretary of the 
                Smithsonian Institution.
                    (F) 6 individuals appointed by the Smithsonian 
                Board of Regents from among individuals nominated by 
                the Congressional Black Caucus.
                    (G) 4 individuals appointed by the Board of Regents 
                from among individuals nominated by the Board of the 
                African American Museum Association.
                    (H) 4 individuals appointed by the Board of 
                Regents.
            (2) Initial appointment special rule.--The Board of Regents 
        shall make the first appointments pursuant to paragraph (1)(H) 
        from among the members of the initial Board of Trustees and 
        pursuant to nominations received from the African American 
        Institutional Study Advisory Committee of the Smithsonian 
        Institution.
    (c) Terms.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Board of Trustees shall be appointed for terms 
        of 3 years. Members of the Board of Trustees may be 
        reappointed.
            (2) Staggered terms.--The terms of 7 of the members 
        initially appointed under subparagraphs (C), (E), and (G) of 
        subsection (b)(1), as determined by the Board of Regents, shall 
        expire at the end of the 1-year period beginning on the date of 
        appointment. The terms of 7 of the members initially appointed 
        under subparagraphs (D), (F), and (H) of subsection (b)(1), as 
        determined by the Board of Regents, shall expire at the end of 
        the 2-year period beginning on the date of appointment. The 
        terms of the remaining 7 members initially appointed under 
        subparagraphs (C) through (H) of subsection (b)(1) shall expire 
        at the end of the 3-year period beginning on the date of 
        appointment.
    (d) Vacancies.--A vacancy on the Board of Trustees shall not affect 
its powers and shall be filled in the manner in which the original 
appointment was made. Any member appointed to fill a vacancy occurring 
before the expiration of the term for which the predecessor of the 
member was appointed shall be appointed for the remainder of the term.
    (e) Noncompensation.--Except as provided in subsection (f), members 
of the Board of Trustees shall serve without pay.
    (f) Expenses.--Members of the Board of Trustees shall receive per 
diem, travel, and transportation expenses for each day, including 
traveltime, during which they are engaged in the performance of the 
duties of the Board of Trustees in accordance with section 5703 of 
title 5, United States Code, with respect to employees serving 
intermittently in the Government service.
    (g) Chairperson.--The Board of Trustees shall elect a chairperson 
by a majority vote of the members of the Board of Trustees.
    (h) Meetings.--The Board of Trustees shall meet at the call of the 
chairperson or upon the written request of a majority of its members, 
but shall meet not less than 2 times each fiscal year.
    (i) Quorum.--A majority of the Board of Trustees shall constitute a 
quorum for purposes of conducting business, but a lesser number may 
receive information on behalf of the Board of Trustees.
    (j) Voluntary Services.--Notwithstanding section 1342 of title 31, 
United States Code, the chairperson of the Board of Trustees may accept 
for the Board of Trustees voluntary services provided by a member of 
the Board of Trustees.

SEC. 6. DUTIES OF THE BOARD OF TRUSTEES OF THE MUSEUM.

    (a) In General.--The Board of Trustees shall--
            (1) recommend annual budgets for the Museum;
            (2) consistent with the general policy established by the 
        Board of Regents, have the sole authority to--
                    (A) loan, exchange, sell, or otherwise dispose of 
                any part of the collections of the Museum, but only if 
                the funds generated by such disposition are used for 
                additions to the collections of the Museum or for 
                additions to the endowment of the Museum;
                    (B) subject to the availability of funds and the 
                provisions of annual budgets of the Museum, purchase, 
                accept, borrow, or otherwise acquire artifacts and 
                other property for addition to the collections of the 
                Museum;
                    (C) establish policy with respect to the 
                utilization of the collections of the Museum; and
                    (D) establish policy regarding programming, 
                education, exhibitions, and research, with respect to 
                the life and culture of African Americans, the role of 
                African Americans in the history of the United States, 
                and the contributions of African Americans to society;
            (3) consistent with the general policy established by the 
        Board of Regents, have authority to--
                    (A) provide for restoration, preservation, and 
                maintenance of the collections of the Museum;
                    (B) solicit funds for the Museum and determine the 
                purposes to which those funds shall be used;
                    (C) approve expenditures from the endowment of the 
                Museum, or of income generated from the endowment, for 
                any purpose of the Museum; and
                    (D) consult with, advise, and support the Director 
                in the operation of the Museum;
            (4) establish programs in cooperation with other African 
        American museums, historically black colleges and universities, 
        historical societies, educational institutions, cultural and 
        other organizations for the education and promotion of 
        understanding regarding African American life, art, history, 
        and culture;
            (5) support the efforts of other African American museums, 
        historically black colleges and universities, cultural and 
        other organizations to educate and promote understanding 
        regarding African American life, art, history, and culture, 
        including--
                    (A) development of cooperative programs and 
                exhibitions;
                    (B) identification, management, and care of 
                collections;
                    (C) participation in the training of museum 
                professionals; and
                    (D) creating opportunities for--
                            (i) research fellowships; and
                            (ii) professional and student internships;
            (6) adopt bylaws to carry out the functions of the Board of 
        Trustees; and
            (7) report annually to the Board of Regents on the 
        acquisition, disposition, and display of African American 
        objects and artifacts and on other matters the Board of 
        Trustees deems appropriate.

SEC. 7. DIRECTOR AND STAFF.

    (a) In General.--The Secretary of the Smithsonian Institution, in 
consultation with the Board of Trustees, shall appoint and fix the 
compensation and duties of a Director, Assistant Director, Secretary, 
and Chief Curator of the Museum and any other officers and employees 
necessary for the operation of the Museum and the carrying out of the 
duties of the Board. The Director, Assistant Director, Secretary, and 
Chief Curator shall be qualified through experience and training to 
perform the duties of their offices.
    (b) Applicability of Certain Civil Service Laws.--The Secretary of 
the Smithsonian Institution may--
            (1) appoint the Director and 5 employees under subsection 
        (a), without regard to the provisions of title 5, United States 
        Code, governing appointments in the competitive service; and
            (2) fix the pay of the Director and such 5 employees, 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of such title, relating to classification and 
        General Schedule pay rates.

SEC. 8. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Board of Regents'' means the Board of 
        Regents of the Smithsonian Institution.
            (2) The term ``Board of Trustees'' means the Board of 
        Trustees of the National African American Museum established in 
        section 5(a).
            (3) The term ``Museum'' means the National African American 
        Museum established under section 3(a).
            (4) The term ``Arts and Industries building'' means the 
        building located on the Mall at 900 Jefferson Drive, S.W. in 
        Washington, the District of Columbia.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$5,000,000 for fiscal year 1994 and such sums as may be necessary for 
each of the succeeding fiscal years.

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