[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1282 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1282

    To provide for the establishment of the National Museum for the 
 Peopling of America within the Smithsonian Institution, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 9, 1997

Mr. Akaka (for himself, Ms. Moseley-Braun, and Mrs. Murray) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
    To provide for the establishment of the National Museum for the 
 Peopling of America 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 ``Peopling of America Museum Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The history of the United States is in large measure 
        the history of how the United States was populated.
            (2) The evolution of the American population is broadly 
        termed the ``peopling of America'' and is characterized by the 
        movement of groups of people across external and internal 
        boundaries of the United States as well as by the interactions 
        of the groups with each other.
            (3) Each of the groups has made unique, important 
        contributions to American history, culture, art, and life.
            (4) The spiritual, intellectual, cultural, political, and 
        economic vitality of the United States is a result of the 
        pluralism and diversity of the population.
            (5) The Smithsonian Institution operates 16 museums and 
        galleries, a zoological park, and 5 major research facilities. 
        None of these public entities is a national institution 
        dedicated to presenting the history of the peopling of the 
        United States, as described in paragraph (2).
            (6) The respective missions of the National Museum of 
        American History of the Smithsonian Institution and the Ellis 
        Island Immigration Museum of the National Park Service limit 
        the ability of those museums to present fully and adequately 
        the history of the diverse population and rich cultures of the 
        United States.
            (7) The absence of a national facility dedicated solely to 
        presenting the history of the peopling of the United States 
        restricts the ability of the citizens of the United States to 
        fully understand the rich and varied heritage of the United 
        States derived from the unique histories of many peoples from 
        many lands.
            (8) The establishment of a Peopling of America Museum to 
        conduct educational and interpretive programs on the 
        multiethnic and multiracial character of the history of the 
        United States will assist in inspiring and better informing the 
        citizens of the United States concerning the rich and diverse 
        cultural heritage of the citizens.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Chairperson.--The term ``Chairperson'' means the 
        Chairperson of the Committee.
            (2) Committee.--The term ``Committee'' means the Advisory 
        Committee on American Cultural Heritage established under 
        section 7(a).
            (3) Director.--The term ``Director'' means the Director of 
        the Museum.
            (4) Museum.--The term ``Museum'' means the National Museum 
        for the Peopling of America established under section 4(a).

SEC. 4. ESTABLISHMENT OF THE NATIONAL MUSEUM FOR THE PEOPLING OF 
              AMERICA.

    (a) Establishment.--There is established within the Smithsonian 
Institution a facility that shall be known as the ``National Museum for 
the Peopling of America''.
    (b) Purposes of the Museum.--The purposes of the Museum are--
            (1) to promote knowledge of the life, art, culture, and 
        history of the many groups of people who comprise the citizens 
        of the United States;
            (2) to illustrate how such groups cooperated, competed, or 
        otherwise interacted with each other; and
            (3) to explain how the diverse, individual experiences of 
        each group collectively helped forge a unified national 
        experience.
    (c) Components of the Museum.--The Museum shall include--
            (1) a location for permanent and temporary exhibits 
        depicting the historical process by which the United States was 
        populated;
            (2) a center for research and scholarship relating to the 
        life, art, culture, and history of the groups of people of the 
        United States;
            (3) a repository for the collection, study, and 
        preservation of artifacts, artworks, and documents relating to 
        the diverse population of the United States;
            (4) a venue for public education programs designed to 
        explicate the multicultural past and present of the United 
        States;
            (5) a location for the development of a standardized index 
        of documents, artifacts, and artworks in collections that are 
        held by the Smithsonian Institution, classified in a manner 
        consistent with the purposes of the Museum;
            (6) a clearinghouse for information on documents, 
        artifacts, and artworks relating to the groups of people of the 
        United States that may be available to researchers, scholars, 
        or the general public through non-Smithsonian collections, such 
        as documents, artifacts, and artworks relating to the groups 
        that are held by--
                    (A) other Federal agencies;
                    (B) other museums;
                    (C) universities;
                    (D) individuals; and
                    (E) foreign institutions;
            (7) a folklife center committed to highlighting the 
        cultural expressions of various groups of people within the 
        United States;
            (8) a center to promote mutual understanding and tolerance 
        among the groups of people of the United States through 
        exhibits, films, brochures, and other appropriate means;
            (9) an oral history library developed through interviews 
        with volunteers, including visitors;
            (10) a location for a visitor center that shall provide 
        individually tailored orientation guides for visitors to all 
        Smithsonian Institution facilities;
            (11) a location for the training of museum professionals 
        and others in the arts, humanities, and sciences with respect 
        to museum practices relating to the life, art, history, and 
        culture of the various groups of people of the United States; 
        and
            (12) a location for developing, testing, demonstrating, 
        evaluating, and implementing new museum-related technologies 
        that assist in fulfilling the purposes of the Museum, enhance 
        the operation of the Museum, and improve the accessibility of 
        the Museum.

SEC. 5. LOCATION AND CONSTRUCTION.

    (a) Location.--The Museum shall be located--
            (1) in a facility of the Smithsonian Institution that is, 
        or is not, in existence on the date of enactment of this Act; 
        and
            (2) on or near the National Mall located in the District of 
        Columbia.
    (b) Construction.--The Board of Regents of the Smithsonian 
Institution may plan, design, reconstruct, or construct appropriate 
facilities to house the Museum.

SEC. 6. DIRECTOR AND STAFF.

    (a) In General.--
            (1) Appointments.--The Secretary of the Smithsonian 
        Institution shall appoint and fix the compensation and duties 
        of--
                    (A) a Director, Assistant Director, Secretary, and 
                Chief Curator of the Museum; and
                    (B) any other officers and employees that are 
                necessary for the operation of the Museum.
            (2) Qualifications.--Each individual appointed under 
        paragraph (1) shall be an individual who is qualified through 
        experience and training to perform the duties of the office to 
        which that individual is appointed.
    (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 the 5 employees, 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of such title, relating to classification of 
        positions and General Schedule pay rates.

SEC. 7. ADVISORY COMMITTEE ON AMERICAN CULTURAL HERITAGE.

    (a) Establishment of Advisory Committee.--
            (1) Establishment.--There is established an advisory 
        committee to be known as the ``Advisory Committee on American 
        Cultural Heritage''.
            (2) Membership.--
                    (A) Composition.--The Committee shall be composed 
                of 15 members, who shall--
                            (i) be appointed by the Secretary of the 
                        Smithsonian Institution;
                            (ii) have expertise in immigration history, 
                        ethnic studies, museum science, or any other 
                        academic or professional field that involves 
                        matters relating to the cultural heritage of 
                        the citizens of the United States; and
                            (iii) reflect the diversity of the citizens 
                        of the United States.
                    (B) Initial appointments.--The initial appointments 
                of the members of the Committee shall be made not later 
                than 6 months after the date of enactment of this Act.
            (3) Period of appointment; vacancies.--Members shall be 
        appointed for the life of the Committee. Any vacancy in the 
        Committee shall not affect its powers, but shall be filled in 
        the same manner as the original appointment.
            (4)  Initial meeting.--Not later than 30 days after the 
        date on which all members of the Committee have been appointed, 
        the Committee shall hold its first meeting.
            (5)  Meetings.--The Committee shall meet at the call of the 
        Chairperson, but shall meet not less frequently than 2 times 
        each fiscal year.
            (6)  Quorum.--A majority of the members of the Committee 
        shall constitute a quorum, but a lesser number of members may 
        hold hearings.
            (7) Chairperson and vice chairperson.--The Committee shall 
        select a Chairperson and Vice Chairperson from among its 
        members.
    (b) Duties of the Committee.--The Committee shall advise the 
Secretary of the Smithsonian Institution and the Director concerning 
policies and programs affecting the Museum.
    (c) Committee Personnel Matters.--
            (1) Compensation of members.--
                    (A) Non-federal members.--Each member of the 
                Committee who is not an officer or employee of the 
                Federal Government shall be compensated at a rate equal 
                to the daily equivalent of the annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which such member is 
                engaged in the performance of the duties of the 
                Committee.
                    (B) Federal members.--Members of the Committee who 
                are officers or employees of the United States shall 
                serve without compensation in addition to that received 
                for their services as officers or employees of the 
                United States.
            (2) Travel expenses.--The members of the Committee shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for employees of agencies 
        under subchapter I of chapter 57 of title 5, United States 
        Code, while away from their homes or regular places of business 
        in the performance of services for the Committee.
            (3) Staff.--
                    (A) In general.--The Chairperson may, without 
                regard to the civil service laws and regulations, 
                appoint and terminate an executive director and such 
                other additional personnel as may be necessary to 
                enable the Committee to perform its duties. The 
                employment of an executive director shall be subject to 
                confirmation by the Committee.
                    (B) Compensation.--The Chairperson may fix the 
                compensation of the executive director and other 
                personnel 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, except that the rate of 
                pay for the executive director and other personnel may 
                not exceed the rate payable for level V of the 
                Executive Schedule under section 5316 of such title.
            (4) Detail of government employees.--Any Federal Government 
        employee may be detailed to the Committee without 
        reimbursement, and such detail shall be without interruption or 
        loss of civil service status or privilege.
            (5) Procurement of temporary and intermittent services.--
        The Chairperson may procure temporary and intermittent services 
        under section 3109(b) of title 5, United States Code, at rates 
        for individuals which do not exceed the daily equivalent of the 
        annual rate of basic pay prescribed for level V of the 
        Executive Schedule under section 5316 of such title.
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