[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1718 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1718

   To establish the National Museum of African American History and 
              Culture within the Smithsonian Institution.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2001

Mr. Lewis of Georgia (for himself, Mr. Watts of Oklahoma, Mr. Gephardt, 
 Mr. Armey, Mr. Frost, Mr. Bonior, Mr. Rangel, Mr. Hoyer, Mr. LaHood, 
 Mr. Frank, Mr. McDermott, Mr. Etheridge, Mr. Lampson, Mr. Borski, Mr. 
Matheson, Mr. Stark, Mr. Davis of Illinois, Mr. Sanders, Mr. Honda, Mr. 
  Tom Davis of Virginia, Mr. Pascrell, Ms. Kaptur, Mr. Houghton, Mr. 
Lucas of Oklahoma, Mr. Bishop, Ms. Carson of Indiana, Mrs. Christensen, 
  Mr. Clay, Mrs. Clayton, Mr. Clyburn, Mr. Conyers, Mr. Cummings, Mr. 
Fattah, Mr. Ford, Mr. Hastings of Florida, Mr. Hilliard, Mr. Jackson of 
 Illinois, Ms. Jackson-Lee of Texas, Mr. Jefferson, Ms. Eddie Bernice 
 Johnson of Texas, Ms. Kilpatrick, Ms. Lee, Ms. McKinney, Mrs. Meek of 
Florida, Mr. Meeks of New York, Ms. Millender-McDonald, Ms. Norton, Mr. 
Owens, Mr. Payne, Mr. Rush, Mr. Thompson of Mississippi, Mr. Towns, Ms. 
   Waters, Mr. Watt of North Carolina, Mr. McIntyre, Mr. Johnson of 
 Illinois, Mr. Barrett, and Mr. Lantos) introduced the following bill; 
  which was referred to the Committee on House Administration, and in 
 addition to the Committee on Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To establish the National Museum of African American History and 
              Culture 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 Museum of African American 
History and Culture Act of 2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) During the history of our Nation, 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 our Nation's democracy and freedom.
            (2) There exists no national museum within the Smithsonian 
        Institution located on the National Mall that is devoted to the 
        documentation of African American life, art, history, and 
        culture and that encompasses on a national level, the period of 
        slavery, the era of reconstruction, the Harlem renaissance, the 
        civil rights movement, and beyond.
            (3) Slavery was an accepted practice in this Nation, 
        authorized by the Government through legislation such as the 
        fugitive slave law of 1793 (1 Stat. 302) and sanctioned by the 
        Supreme Court in the Dred Scott decision (Scott v. Sanford, 60 
        U.S. 393 (1857)).
            (4) Those African Americans who suffered under slavery and 
        their descendants show us the strength of the human character 
        and provide us with a model of courage, commitment, and 
        perseverance. A national museum dedicated to the history of and 
        commemorating those who suffered the grave injustice of slavery 
        in this country will help in ``binding our Nation's wounds'' 
        rooted in slavery and will allow all Americans to understand 
        the past and honor the history of all Americans.
            (5) Leaders of the African American community in the 1950s 
        and 1960s led this Nation in the civil rights movement with the 
        intent of ending discrimination against African Americans. 
        During this period, many African American churches were 
        destroyed and countless individuals involved in this movement 
        were often beaten and killed. Through the devotion and 
        sacrifice of those leaders, the civil rights movement made 
        great strides in ensuring equality for African Americans in 
        this country.
            (6) African Americans have enriched the cultural make-up of 
        the United States by their contributions in the areas of 
        science, medicine, the arts and humanities, sports, music, and 
        dance.
            (7) Preserving this rich record of the experiences of 
        African Americans, studying their experiences, and presenting 
        those experiences through exhibits to the public would be of 
        great educational and social value.
            (8) The creation of a National Museum of African American 
        History and Culture located on the National Mall in the 
        District of Columbia and administered by the Smithsonian 
        Institution's Board of Regents was endorsed in 1991 by a 
        unanimous vote by the Smithsonian Institution's Board of 
        Regents.
            (9) The Smithsonian African American Institutional Study 
        recommended that the National Museum of African American 
        History and Culture be established in the Arts and Industries 
        Building of the Smithsonian Institution.
            (10) Although the Smithsonian Institution has had some 
        success in focusing on African American history and culture, 
        the programming on African American history and culture has 
        been occasional and episodic.
            (11) A National Museum of African American History and 
        Culture will provide a continued and consistent African 
        American presence on the National Mall.
            (12) A National Museum of African American History and 
        Culture will have the ability to administer other important 
        facilities, including the African American Burial Ground 
        National Historic Landmark in New York, New York, which holds 
        the remains of more than 20,000 enslaved Africans and first-
        generation African Americans from the colonial era. The 
Secretary of the Smithsonian stated in 1998 that the African American 
Burial Ground affords the perfect opportunity to gain insight into the 
institution of slavery, as practiced in urban, rural, northern, and 
southern parts of the United States, and proposed that a partnership be 
formed among the Smithsonian, the National Park Service, and the 
General Services Administration to further develop the site.
            (13) The National Museum of African American History and 
        Culture established by this Act will 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 persons of African 
        descent living in the United States.
            (14) The National Museum of African American History and 
        Culture will coordinate the collection of material related to 
        African Americans, which is rapidly disappearing due to a lack 
        of resources and trained professionals engaged in preservation.
            (15) The work of the National Museum of African American 
        History and Culture will be, fundamentally, the same as the 
        work of all museums in the United States that reflect and 
        express the experiences of the people of the United States in 
        an inclusive manner.

SEC. 3. ESTABLISHMENT OF THE NATIONAL MUSEUM OF AFRICAN AMERICAN 
              HISTORY AND CULTURE.

    (a) Establishment.--There is established within the Smithsonian 
Institution the National Museum of African American History and Culture 
(hereafter referred to in this Act as the ``Museum''), and the 
Smithsonian Institution shall maintain and administer the Museum.
    (b) Purpose.--The purpose of the Museum is to provide for--
            (1) the collection, study, and creation of scholarship 
        relating to the African American diaspora that encompasses 
        slavery, the era of reconstruction, the Harlem renaissance, the 
        civil rights movement, and beyond;
            (2) the creation and maintenance of permanent and temporary 
        exhibits documenting African American slavery and African 
        American life, art, history, and culture from slavery and the 
        era of reconstruction to the Harlem renaissance, the civil 
        rights movement, and beyond;
            (3) the collection and study of artifacts and documents 
        relating to African American life, art, history, and culture 
        and the African American diaspora;
            (4) the establishment of programs in cooperation with other 
        museums, historical societies, educational institutions, and 
        other organizations that research and study modern day 
        practices of slavery throughout the world;
            (5) collaboration between the Museum and other African 
        American museums, historically black colleges and universities, 
        and other museums, historical societies, educational 
        institutions, and other organizations that promote the study of 
        the African American diaspora including collaboration 
        regarding--
                    (A) development of cooperative programs and 
                exhibitions;
                    (B) identification, management, and care of 
                collections; and
                    (C) participation in the training of museum 
                professionals; and
            (6) leadership and commitment to historical accuracy in the 
        study, education, and exhibition of African American life, art, 
        history, and culture in the Museum and throughout the United 
        States.

SEC. 4. COUNCIL.

    (a) Establishment.--There is established in the Smithsonian 
Institution the National Museum of African American History and Culture 
Council (hereafter referred to in this Act as the ``Council'').
    (b) Duties.--
            (1) In general.--The Council, subject to subsection (l) and 
        to the general policies of the Board of Regents of the 
        Smithsonian Institution (hereafter referred to in this Act as 
        the ``Board of Regents''), shall have sole authority to--
                    (A) solicit, accept, use, and dispose of gifts, 
                bequests, and devises of services and property, both 
                real and personal, for the purpose of aiding and 
                facilitating the work of the Museum or the Council;
                    (B) establish policy with respect to the 
                utilization of the collections and resources of the 
                Museum, including policies on programming, education, 
                exhibitions, and research with respect to life, art, 
                and culture of African Americans, the role of African 
                Americans in the history of the United States, from 
                slavery to the present, and the contributions of 
                African Americans to society;
                    (C) purchase, accept, borrow, and otherwise acquire 
                artifacts and other property for addition to the 
                collections of the Museum;
                    (D) provide for restoration, preservation, and 
                maintenance of the collections of the Museum;
                    (E) loan, exchange, sell, and 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 
                programs carried out under section 6; and
                    (F) contract with and compensate Federal Government 
                and private agencies or persons for supplies and 
                services that would aid the work of the Museum, without 
                regard to section 3709 of the Revised Statutes (41 
                U.S.C. 5).
            (2) Administration.--Subject to subsection (l), the Board 
        of Regents shall advise and assist the Council on all matters 
        relating to the administration, operation, maintenance, and 
        preservation of the Museum.
            (3) Annual report to congress.--Subject to subsection (l), 
        the Council shall submit to Congress an annual report that--
                    (A) provides a detailed account of the activities 
                of the Council and the Museum;
                    (B) recommends an annual budget for the Council and 
                the Museum; and
                    (C) identifies the future needs of the Council and 
                the Museum.
            (4) Annual report to the board of regents.--Subject to 
        subsection (l), the Council shall report annually to the Board 
        of Regents on the acquisition, disposition, and display of 
        African American objects and artifacts and on other appropriate 
        matters.
    (c) Composition and Appointment.--
            (1) In general.--The Council shall be composed of 25 voting 
        members as provided under paragraph (2) and 7 honorary 
        nonvoting members as provided under paragraph (3).
            (2) Voting members.--
                    (A) In general.--The Council shall include the 
                following voting members:
                            (i) The Secretary of the Smithsonian 
                        Institution.
                            (ii) An Assistant Secretary of the 
                        Smithsonian Institution appointed by the Board 
                        of Regents.
                    (B) Initial voting members.--The Council shall 
                initially include the following voting members:
                            (i) 13 individuals of diverse disciplines 
                        and geographical residence who are committed to 
                        the advancement of knowledge of African 
                        American history and culture appointed as 
                        follows:
                                    (I) 5 individuals shall be 
                                appointed by the President from a list 
                                of nominees provided by the President 
                                pro tempore of the Senate in 
                                consultation with the majority and 
                                minority leaders of the Senate.
                                    (II) 5 individuals shall be 
                                appointed by the President from a list 
                                of nominees provided by the Speaker of 
                                the House of Representatives in 
                                consultation with the majority and 
                                minority leaders of the House of 
                                Representatives.
                                    (III) 3 individuals shall be 
                                appointed by the President.
                            (ii) 10 individuals appointed as follows:
                                    (I) 5 individuals shall be 
                                appointed by the President from a list 
                                of nominees, provided by the President 
                                pro tempore of the Senate in 
                                consultation with the majority and 
                                minority leaders of the Senate, and 
                                recommended by the Association of 
                                African American Museums, the National 
                                African American Museum and Culture 
                                Complex, historically black colleges 
                                and universities, and cultural or other 
                                organizations committed to the 
                                advancement of knowledge of African 
                                American life, art, history and 
                                culture.
                                    (II) 5 individuals shall be 
                                appointed by the President from a list 
                                of nominees, provided by the Speaker of 
                                the House of Representatives in 
                                consultation with the majority and 
                                minority leaders of the House of 
                                Representatives, and recommended by the 
                                Association of African American 
                                Museums, the National African American 
                                Museum and Culture Complex, 
                                historically black colleges and 
                                universities, and cultural or other 
                                organizations committed to the 
                                advancement of knowledge of African 
                                American life, art, history and 
                                culture.
                    (C) Subsequent appointments.--A vacancy created 
                upon the expiration of the term of any member appointed 
                under subparagraph (B) shall be filled in the manner 
                provided under subsection (d)(2)(B).
            (3) Honorary nonvoting members.--The Council shall include 
        the following honorary nonvoting members:
                    (A) The Secretary of the Interior.
                    (B) 3 Members of the House of Representatives 
                appointed by the Speaker of the House of 
                Representatives upon the recommendation of the majority 
                and minority leaders of the House of Representatives.
                    (C) 3 Senators appointed by the President pro 
                tempore of the Senate upon the recommendation of the 
                majority and minority leaders of the Senate.
    (d) Terms.--
            (1) In general.--
                    (A) Initial appointment.--Except as provided in 
                this subsection, each initial voting member of the 
                Council appointed under subsection (c)(2)(B) and each 
                honorary nonvoting member initially appointed under 
                subsection (c)(3) shall be appointed for a term that 
                terminates 9 years after the date on which the Museum 
                first opens to the general public.
                    (B) Subsequent appointments.--Except as provided in 
                this subsection, each of the members of the Council 
                that are appointed to a full term after the members 
                described in subparagraph (A) shall be appointed for a 
                term of 6 years.
                    (C) Reappointment.--Members of the Council may be 
                reappointed for subsequent terms.
            (2) Vacancies.--
                    (A) In general.--Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term.
                    (B) Voting members.--A vacancy among the voting 
                members on the Council shall be filled with a member 
appointed by the President from a list of nominees provided by the 
Council.
                    (C) Members of congress.--If a member appointed to 
                the Council under subparagraph (B) or (C) of subsection 
                (c)(3) ceases to hold the office that qualified such 
                member for appointment, that member shall cease to be a 
                member of the Council. Any vacancy among such members 
                shall be filled in the manner in which the original 
                appointment was made.
                    (D) Powers of council.--A vacancy on the Council, 
                including among the honorary non-voting members, shall 
                not affect the powers of the Council.
    (e) Compensation.--
            (1) In general.--Except as provided in paragraph (2), 
        members of the Council shall serve without pay.
            (2) Expenses.--Members of the Council shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
    (f) Chairperson.--The Council shall elect a chairperson by a 
majority vote of the voting members of the Council.
    (g) Meetings.--
            (1) In general.--The Council shall meet at the call of the 
        chairperson or upon the written request of a majority of the 
        voting members of the Council, but shall meet, subject to 
        paragraph (2), not fewer than 2 times each year.
            (2) Planning.--During the first year, the Council shall 
        meet not fewer than 10 times for the purpose of the planning 
        and design of the Museum.
    (h) Quorum.--A majority of the voting members of the Council shall 
constitute a quorum for purposes of conducting business, but a lesser 
number may receive information on behalf of the Council.
    (i) Bylaws.--The Council shall adopt bylaws.
    (j) Powers of Members and Agents.--Any member or agent of the 
Council may, if authorized by a majority of the voting members of the 
Council, take any action that the Council is authorized to take by this 
Act.
    (k) Voluntary Services.--Notwithstanding section 1342 of title 31, 
United States Code, the chairperson of the Council may accept for the 
Council voluntary services provided by a member of the Council.
    (l) Transfer of Powers and Duties.--
            (1) In general.--Except as provided in this subsection, the 
        Council's powers and duties shall transfer to the Board of 
        Regents 3 years after the date on which the Museum first opens 
        to the general public.
            (2) Advisory council.--
                    (A) In general.--3 years after the date on which 
                the Museum first opens to the general public, the 
                Council shall become an advisory council (hereafter 
                referred to in this Act as the ``Advisory Council''). 
                The Advisory Council shall have the same membership as 
                the Council had immediately before becoming the 
                Advisory Council. The terms of the members of the 
                Council shall continue uninterrupted when such members 
                become members of the Advisory Council. Subsections (c) 
                through (f) and (h) through (j) shall apply to the 
                Advisory Council in the same manner as such subsections 
                applied to the Council immediately before the Council 
                becomes the Advisory Council.
                    (B) Duties of the advisory council.--The Advisory 
                Council shall advise the Board of Regents on matters 
                related to the administration, operation, and 
                maintenance of the Museum.
                    (C) Meetings.--The Advisory Council shall meet not 
                fewer than 1 time each year.
                    (D) Permanent committee.--Section 14 of the Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the Advisory Council.

SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM.

    (a) In General.--The Council, subject to section 4(l) and in 
consultation with the Board of Regents, shall appoint a Director who 
shall manage the Museum.
    (b) Applicability of Certain Civil Service Laws.--
            (1) Appointments.--Subject to section 4(l), the Council may 
        appoint the Director and any additional personnel to serve 
        under the Director, without regard to the provisions of title 
        5, United States Code, governing appointments in the 
        competitive service.
            (2) Pay.--Subject to section 4(l), the Council may fix the 
        pay of the Director at a rate not to exceed the maximum rate of 
        basic pay payable for level III of the Executive Schedule and 
        fix the pay of such additional personnel as the Council 
considers appropriate.

SEC. 6. OFFICE OF EDUCATION AND LIAISON PROGRAMS.

    (a) Office Established.--There is established within the Museum, 
the Office of Education and Liaison Programs, which shall carry out 
educational programs with respect to the Museum and other programs in 
collaboration with other African American museums.
    (b) Functions.--The Office of Education and Liaison Programs 
shall--
            (1) carry out public educational programs within the Museum 
        relating to African American life, art, history, and culture, 
        including programs utilizing digital, electronic, and 
        interactive technologies, and programs in collaboration with 
        elementary schools, secondary schools, and post-secondary 
        schools; and
            (2) collaborate with African American museums by--
                    (A) establishing educational grant programs that 
                strengthen museum operations, improve care of museum 
                collections, and increase professional development;
                    (B) providing internship and fellowship programs 
                that allow individuals pursuing careers or carrying out 
                studies in the arts, humanities, and sciences to study 
                African American life, art, history and culture;
                    (C) providing scholarship programs to assist 
                individuals who demonstrate a commitment to a career in 
                African American museum management in financing their 
                studies; and
                    (D) collaborating with national and international 
                organizations that address the issue of slavery in the 
                international community.

SEC. 7. LOCATION OF THE NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND 
              CULTURE.

    (a) Main Building.--The Council, in consultation with the Board of 
Regents, is authorized to plan, design, reconstruct, and renovate the 
Arts and Industries Building of the Smithsonian Institution and the 
surrounding site to house the Museum. The Council, subject to section 
4(l), shall consider expanding, and is authorized to expand, the Arts 
and Industries Building horizontally, vertically, and below ground.
    (b) Additional Facilities.--
            (1) Adjacent facilities.--
                    (A) In general.--If the Council determines that 
                facilities in addition to the Arts and Industries 
                Building of the Smithsonian Institution are needed for 
                the Museum, the Council, subject to section 4(l) and in 
                consultation with the Administrator of General Services 
                and the National Capital Planning Commission, is 
                authorized to--
                            (i) identify a site for the additional 
                        facilities;
                            (ii) acquire real property for the 
                        additional facilities;
                            (iii) design the additional facilities; and
                            (iv)(I) construct a building for the 
                        additional facilities; or
                            (II) reconstruct and renovate a building 
                        for the additional facilities.
                    (B) Location.--Any additional facilities for the 
                Museum shall be located, if feasible, on or adjacent to 
                the National Mall.
                    (C) Purchase authority.--After consultation with 
                the Administrator of General Services and the National 
                Capital Planning Commission, the Council, subject to 
                section 4(l), may purchase, with the consent of the 
                owner thereof, any real property on or adjacent to the 
National Mall for such additional facilities.
                    (D) Transfer authority.--For the purpose of 
                securing additional facilities, any department or 
                agency of the United States is authorized to transfer 
                to the Council any interest of such department or 
                agency in real property located on or adjacent to the 
                National Mall, and the Council, subject to section 4(l) 
                and after consultation with the Administrator of 
                General Services and the National Capital Planning 
                Commission, may accept any such interest in such 
                property.
            (2) Feasibility study for african burial ground facility.--
        Subject to section 4(l) and in consultation with the Director 
        of the National Park Service and the Administrator of General 
        Services, the Council shall arrange for a study of the African 
        Burial Ground National Historic Landmark in New York, New York, 
        to determine the feasibility and cost of acquiring a site for, 
        planning, designing, and constructing a significant facility 
        consisting of a museum and visitors center at or near the site.
    (c) Cost-Sharing.--The Council shall pay \1/2\ of the total cost of 
carrying out this section from appropriated funds (except with respect 
to the study under paragraph (2)(A) for which the Council shall pay 100 
percent from funds appropriated under section 10(b)(3)). The Council 
shall pay the remainder of such costs from non-Federal sources.
    (d) Commemorative Works Act.--Any building to house the Museum, 
including any additional facilities for the Museum, is not a 
commemorative work for purposes of the Commemorative Works Act (40 
U.S.C. 1001 et seq.).

SEC. 8. NATIONAL MALL.

    In this Act, the term ``National Mall'' means the National Mall 
(United States Government Reservations 3, 4, 5, and 6) in the District 
of Columbia.

SEC. 9. AUTHORITY.

    Authority under this Act to enter into contracts or to make 
payments is effective in any fiscal year only to the extent provided in 
advance in an appropriations act, except as provided under section 
10(b)(4).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) Renovation.--There is authorized to be appropriated such sums 
as may be necessary to carry out the activities authorized under 
section 7, other than section 7(b)(2)(A).
    (b) Operation and Maintenance.--
            (1) In general.--There is authorized to be appropriated to 
        the Council to carry out this Act, other than sections 6 and 
        7--
                    (A) $15,000,000 for fiscal year 2002; and
                    (B) such sums as may be necessary for each 
                succeeding fiscal year.
            (2) Office of education and liaison programs.--There is 
        authorized to be appropriated to the Council to carry out 
        section 6, $10,000,000 for fiscal year 2002 and for each 
        succeeding fiscal year.
            (3) African burial ground feasibility study.--There is 
        authorized to be appropriated $3,000,000 for fiscal year 2002 
        to carry out section 7(b)(2)(A).
            (4) Availability.--The amounts appropriated under this 
        subsection shall remain available for the operation and 
        maintenance of the Museum until expended.

SEC. 11. AMENDMENT.

    Section 5580 of the Revised Statutes (20 U.S.C. 42) is amended in 
subsection (b)(2) by inserting ``the National Museum of African 
American History and Culture,'' after ``Performing Arts,''.
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