[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3491 Enrolled Bill (ENR)]

        H.R.3491

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 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) One member of the Board of Regents, appointed by the 
        Board of Regents.
            (C) Seventeen 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) six members shall be appointed for a term of 1 year;
            (B) six members shall be appointed for a term of 2 years; 
        and
            (C) five 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 two 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.