[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3491 Engrossed in House (EH)]


  1st Session

                               H. R. 3491

_______________________________________________________________________

                                 AN ACT

To establish within the Smithsonian Institution the National Museum of 
     African American History and Culture, and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 3491

_______________________________________________________________________

                                 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) 1 member of the Board of Regents, appointed by 
                the Board of Regents.
                    (C) 17 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) 6 members shall be appointed for a term of 1 
                year;
                    (B) 6 members shall be appointed for a term of 2 
                years; and
                    (C) 5 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 2 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.

            Passed the House of Representatives November 19, 2003.

            Attest:

                                                                 Clerk.