[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                          AMENDMENTS SUBMITTED

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       THE FEDERAL MANDATE ACCOUNTABILITY AND REFORM ACT OF 1994

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                 SIMON (AND OTHERS) AMENDMENT NO. 2621

  Mr. SIMON (for himself, Mr. McCain, and Ms. Moseley-Braun) proposed 
an amendment to the bill (S. 993) to end the practice of imposing 
unfunded Federal mandates on States and local governments and to ensure 
that the Federal Government pays the costs incurred by those 
governments in complying with certain requirements under Federal 
statutes and regulations; as follows:

       At the end of the pending amendment, insert the following:
            DIVISION 2--NATIONAL AFRICAN AMERICAN MUSEUM ACT

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``National African 
     American Museum Act''.

     SEC. 2. FINDINGS.

       (a) 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 traveltime, during which they 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.

       (a) In General.--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 those 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, 
     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) development of cooperative programs and exhibitions;
       (B) identification, management, and care of collections;
       (C) 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) The term ``Board of Regents'' means the Board of 
     Regents of the Smithsonian Institution.
       (2) The term ``Board of Trustees'' means the Board of 
     Trustees of the National African American Museum established 
     in section 5(a).
       (3) The term ``Museum'' means the National African American 
     Museum established under section 3(a).
       (4) 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.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary only for costs directly relating to the operation 
     and maintenance of the Museum.

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