[Congressional Record Volume 147, Number 59 (Thursday, May 3, 2001)]
[Senate]
[Pages S4262-S4265]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWNBACK (for himself, Mr. Cleland, Mr. Santorum, Mr. 
        Lott, Mrs. Clinton, Mr. Reid, Mr. Dodd, Mr. Miller, and Mr. 
        Edwards):
  S. 829. A bill to establish the National Museum of African American 
History and Culture within the Smithsonian Institution; to the 
Committee on Rules and Administration.
  Mr. BROWNBACK. Mr. President, I am honored to introduce legislation, 
today, that creates the ``National Museum of African American History 
and Culture.'' I along with Senators Max Cleland, Rich Santorum, 
Majority Leader Lott, Hillary Clinton, Harry Reid, Christopher Dodd, 
Zell Miller, and John Edwards are committed to passing this legislation 
this year.
  One of the most important chapters in our national story of human 
freedom and dignity is the history and legacy of the African American 
march toward freedom, legal equality and full participation in American 
Society. Yet in our

[[Page S4263]]

nation's front yard, the National Mall, there is no museum set aside to 
honor this legacy.
  As a Kansan, I feel a special connection to honoring the legacy of 
African-Americans. Kansas, as you know, not only played a significant 
role in the Civil War but also was chosen by many African-American 
families as a place to began their new life of freedom and prosperity 
in the ``Exodus to Kansas.''
  This is just one part of the incredible history of African Americans 
that must be told on a national level. We have over 200 wonderful 
African-American history museums across the nation that tell portions 
of the African-American story. However, this legacy must be showcased 
at a national level.
  That is why I am here today with my colleagues introducing this 
legislation to create the National Museum of African-American history 
and culture within the Smithsonian Institution, a premier organization, 
which represents the best museums in the nation. We believe it is 
vitally important that the Smithsonian, the world's leading museum 
organization, provide its expertise in putting this facility and its 
programs together.
  This project has brought together a very broad and bicameral 
coalition that stood with us today during the press conference to 
announce the introduction of this bill. I would like to personally 
thank Pastor Chuck Singleton, of Loveland Church in California, as well 
as Robert Johnson, of B.E.T., Dorothy Height of the National Council of 
Negro Women, and Phyllis Berry Myers, of the Center for New Black 
Leadership for joining with us to support this legislation today.
  We do not pretend that our legislation is a cure-all for the problem 
of racial division. It is, however, an important and productive step 
toward healing our nation's racial wounds. I believe that this museum 
will both celebrate African-American achievement and serve as a 
landmark of national conscience on the historical facts of slavery and 
the civil rights struggle.
  We have an extraordinary opportunity before us--a chance to learn, 
understand and remember together our nation's history and to honor the 
significant contribution of African Americans to our history and 
culture.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 829

       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) Over 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) The National Museum of African American History and 
     Culture 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.
       (13) The National Museum of African American History and 
     Culture established by this Act 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.
       (14) 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 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 diaspora;
       (4) the establishment of programs in cooperation with other 
     museums, historical societies, educational institutions, and 
     other organizations that promote the understanding of 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 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 
     Nation.

     SEC. 4. COUNCIL.

       (a) Establishment.--There is established in the Smithsonian 
     Institution the National Museum of African American History 
     and Culture Council (hereinafter 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;

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       (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.--The Council shall include the 
     following voting members:
       (A) The Secretary of the Smithsonian Institution.
       (B) An Assistant Secretary of the Smithsonian Institution 
     appointed by the Board of Regents.
       (C) 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.
       (D) 10 individuals appointed as follows:
       (i) 4 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) 4 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.
       (iii) 2 individuals shall be appointed by the President.
       (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 member of the Council shall be appointed for 
     a term that terminates 9 years after the date on which the 
     museum is open to the general public.
       (B) Subsequent appointments.--Except as provided in this 
     subsection, each of the members of the Council that are 
     appointed after the members described in paragraph (1) shall 
     be appointed for a term of 6 years.
       (C) Reappointment.--Members of the Council may be 
     reappointed for subsequent terms.
       (2) 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.
       (3) Vacancies and subsequent appointments.--A vacancy on 
     the Council, including among the honorary non-voting members, 
     shall not affect the Council's powers and shall be filled in 
     the manner in which the original appointment was made, except 
     that when filling any vacancies among the voting members and 
     when making any appointments for voting members after the 
     initial appointments, the President shall make appointments 
     from a list of nominees provided by the Council. Any member 
     appointed to fill a vacancy occasioned by death or 
     resignation shall be appointed for the remainder of the term.
       (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 is open to 
     the general public.
       (2) Advisory council.--
       (A) In general.--3 years after the date on which the Museum 
     is open to the general public, the Council shall become an 
     advisory council (hereafter referred to in this Act as 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, 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.--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.--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

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       (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 of the Smithsonian Institution 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 shall 
     consider expanding, and is authorized to expand, the Arts and 
     Industries Building horizontally, vertically, and below 
     ground.
       (b) Additional Facilities.--
       (1) 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, in consultation with the General Services 
     Administration and the National Capital Planning Commission 
     is authorized to--
       (A) identify a site for the additional facilities;
       (B) acquire real property for the additional facilities;
       (C) design the additional facilities; and
       (D)(i) construct a building for the additional facilities; 
     or
       (ii) reconstruct and renovate a building for the additional 
     facilities.
       (2) Location.--Any additional facilities for the Museum 
     shall be located, if feasible, on or adjacent to the National 
     Mall.
       (3) Purchase authority.--After consultation with the 
     General Services Administration and the National Capital 
     Planning Commission, the Council may purchase, with the 
     consent of the owner thereof, any real property on or 
     adjacent to the National Mall for such additional facilities.
       (4) 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, after 
     consultation with the General Services Administration and the 
     National Capital Planning Commission, may accept any such 
     interest in such property.
       (c) Cost-Sharing.--The Council shall pay \1/3\ of the total 
     cost of carrying out this section from appropriated funds. 
     The Council shall pay the remainder of such costs from non-
     Federal sources. The Council shall have 5 years following the 
     date of the Council's first meeting to secure the non-Federal 
     funds required under this subsection.
       (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)(3).

     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.
       (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) Availability.--The amounts appropriated under 
     paragraphs (1) and (2) 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,''.

  Mr. CLELAND. Mr. President, I rise to discuss legislation being 
introduced in the Senate today to establish the National Museum of 
African American History and Culture. I am very proud to work with such 
distinguished members of the Senate as my friend, Senator Brownback, 
and the other co-sponsors of this legislation: Senators Santorum, 
Clinton, Reid, Dodd, and Miller. Our bill is similar to a measure being 
introduced in the House by Representatives John Lewis and J.C. Watts. I 
am both proud and pleased to be associated with this project and look 
forward to seeing this legislation passed by the Senate and the House 
of Representatives and signed into law by the President in the near 
future.
  This bipartisan legislation would establish a permanent collection of 
artifacts and historical materials showcasing 400 years of African 
American history, available for the public to experience and enjoy 
year-round. The national museum would be financed by a combination of 
public and private sector contributions. A number of studies document 
the great need for museum collections addressing African American 
history and culture. African American visitors to Washington find that 
their story is not being told in the existing museums and memorials. 
Yet, there are existing private collections of historical materials 
addressing African American history that could be contributed to a 
museum in Washington.
  Many notable African Americans have made important contributions in 
the areas of science, medicine, the arts and humanities, sports, music 
and dance, among many other fields. It is right to honor this legacy on 
a national level. We believe that by establishing this museum we will 
be able to finally honor the legacy of African Americans properly. By 
placing this museum on or near the National Mall, we will finally place 
the history of African Americans in a national spot-light, where it 
belongs.
  Legislation authorizing a national museum devoted to African American 
history and culture has been introduced during every Congress since 
1988. The legislation passed the Senate unanimously in one Congress, 
and passed the House unanimously in another session. However, it has 
not yet become law. The sponsors of the legislation in the 107th 
Congress believe that the time has come for enactment of this 
legislation so that families across America from all races and ethnic 
groups who visit the nation's capital can more fully understand 
American history and the significant contributions of African Americans 
to that history.
  I encourage others to join us in this endeavor as we attempt to 
remember, recognize, and commemorate the major contributions made by 
African Americans in the areas of science, medicine, the arts and 
humanities, sports, music, and dance. This museum will not only be a 
tribute to African American history and culture but it will also be a 
source of pride for all Americans as physical evidence of the strength, 
character, and dignity of the human race.
                                 ______