[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 649 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 649

To authorize the establishment of the National African American Museum 
      within the Smithsonian Institution, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 30 (legislative day, March 27), 1995

 Mr. Simon (for himself, Mr. McCain, Mr. Mack, Ms. Moseley-Braun, Mr. 
Warner, Mr. Pell, Mr. Inouye, Mr. Moynihan, Mr. Dodd, Mr. Kennedy, Mr. 
   Leahy, Mr. Lautenberg, Mr. Levin, Mr. Bingaman, Ms. Mikulski, Mr. 
     Graham, Mr. Jeffords, Mr. Robb, Mr. Akaka, and Mr. Wellstone) 
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, 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 African American Museum 
Act''.

SEC. 2. 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 are inadequate;
            (2) the inadequate presentation and preservation of African 
        American life, art, history, and culture seriously restrict 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 
        include 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.--The Board of Trustees shall be 
composed of 23 members as follows:
            (1) The Secretary of the Smithsonian Institution.
            (2) An Assistant Secretary of the Smithsonian Institution, 
        designated by the Board of Regents.
            (3) Twenty-one individuals of diverse disciplines and 
        geographical residence who are committed to the advancement of 
        knowledge of African American art, history, and culture, 
        appointed by the Board of Regents, of whom 9 members shall be 
        from among individuals nominated by African American museums, 
        historically black colleges and universities, and cultural or 
        other organizations.
    (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.--As designated by the Board of Regents 
        at the time of initial appointments under paragraph (3) of 
        subsection (b), the terms of 7 members shall expire at the end 
        of 1 year, the terms of 7 members shall expire at the end of 2 
        years, and the terms of 7 members shall expire at the end of 3 
        years.
    (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 
travel time, during which such members 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 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.

    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 such 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, and 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, and cultural and 
        other organizations to educate and promote understanding 
        regarding African American life, art, history, and culture, 
        including--
                    (A) the development of cooperative programs and 
                exhibitions;
                    (B) the identification, management, and care of 
                collections;
                    (C) the 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 appropriate matters.

SEC. 7. DIRECTOR AND STAFF.

    (a) In General.--The Secretary of the Smithsonian Institution, in 
consultation with the Board of Trustees, shall appoint a Director who 
shall manage the Museum.
    (b) Applicability of Certain Civil Service Laws.--The Secretary of 
the Smithsonian Institution may--
            (1) appoint the Director and 5 employees of the Museum, 
        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) Arts and industries building.--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.
            (2) Board of regents.--The term ``Board of Regents'' means 
        the Board of Regents of the Smithsonian Institution.
            (3) Board of trustees.--The term ``Board of Trustees'' 
        means the Board of Trustees of the National African American 
        Museum established in section 5(a).
            (4) Museum.--The term ``Museum'' means the National African 
        American Museum established under section 3(a).
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