[Congressional Record (Bound Edition), Volume 149 (2003), Part 12]
[Senate]
[Pages 15726-15728]
[From the U.S. Government Publishing Office, www.gpo.gov]




      NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE ACT

  Mr. GRASSLEY. I ask unanimous consent that the Rules Committee be 
discharged from further consideration of S. 1157 and that the Senate 
proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1157) to establish within the Smithsonian 
     Institution the National Museum of African American History 
     and Culture, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. KENNEDY. Mr. President, I strongly support S. 1157, the National 
Museum of African American History and Culture Act. The story of 
African Americans is a major part of the story of the United States. 
From the dark times of slavery, civil war, and reconstruction, to the 
extraordinary accomplishments of the civil rights movement of the past 
half century, it is essential for all Americans to know and understand 
that story in all its aspects, and this new museum in the Nation's 
Capital will be an especially valuable resource in achieving that goal. 
It will be a valuable cultural and educational experience for every 
visitor to Washington and for every student of American history in 
communities across the country.
  Our Nation was founded on a promise of equality and opportunity for 
all, and for more than two centuries, we have struggled to fulfill that 
great promise. The struggle goes on today, on critical issues, such as 
guaranteeing that all our citizens are free from hate crimes and racial 
profiling, and are free to go to the polls and vote without 
intimidation or attempts to suppress their votes.
  We know that civil rights is still the great unfinished business of 
America. As Robert Kennedy told the students at the University of Cape 
Town, at a time when the specter of apartheid hung heavily over South 
Africa:

       We must recognize the full human equality of all our 
     people--before God, before the law, and in the councils of 
     governments. We must do this, not because it is economically 
     advantageous--although it is; not because the laws of God and 
     man command it--although they do command it; not because 
     people in other lands wish it to. We must do it for the 
     single and fundamental reason that it is the right thing to 
     do.

  It is especially appropriate that this new museum dedicated to 
African-American history and culture will be

[[Page 15727]]

part of the Smithsonian Institution in Washington. It is long overdue, 
and this legislation will help advance the cause.
  This museum will be renowned as a source of African-American history 
throughout the United States. In cooperation with other museums, with 
historically black colleges, and with many other historical, cultural, 
and educational institutions, it will make this part of the Nation's 
history as widely available as possible. And millions of visitors who 
come here from throughout the world will be inspired by what they see 
and learn.
  It is an honor to be a sponsor of this legislation, and I urge my 
colleagues to support it.
  Mr. GRASSLEY. I ask unanimous consent that the bill be read a third 
time and passed, the motion to reconsider be laid upon the table, and 
that any statements relating to this matter be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1157) was read the third time and passed, as follows:

                                S. 1157

       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 located on the National Mall 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 and other property 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--
       (i) additions to the collections of the Museum; or
       (ii) programs carried out under section 7(a); and
       (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 services and property, both real and 
     personal, 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 other 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.
       (4) Special rule for certain members.--Of the total number 
     of members of the Council appointed under subparagraph (C) of 
     paragraph (2), not fewer than 9 shall be of African-American 
     descent.
       (d) Terms.--
       (1) In general.--Except as provided in this subsection, 
     each appointed member of the Council shall be appointed for a 
     term of 6 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 2 years;
       (B) 6 members shall be appointed for a term of 4 years; and
       (C) 5 members shall be appointed for a term of 6 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.
       (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

[[Page 15728]]

     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.
       (i) 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.

     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. OFFICE OF EDUCATION AND LIAISON PROGRAMS.

       (a) In General.--
       (1) Establishment.--There is established within the Museum 
     the Office of Education and Liaison Programs.
       (2) Functions.--The Office of Education and Liaison 
     Programs 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 
     Office of Education and Liaison Programs, 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 18 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 area bounded by Constitution Avenue, Pennsylvania 
     Avenue, and 1st and 3rd Streets, Northwest.
       (ii) The Arts and Industries Building of the Smithsonian 
     Institution, located on the National Mall at 900 Jefferson 
     Drive, Southwest, Washington, District of Columbia.
       (iii) The area bounded by Constitution Avenue, Madison 
     Drive, and 14th and 15th Streets, Northwest.
       (iv) The site known as the ``Liberty Loan site'', located 
     on 14th Street Southwest at the foot of the 14th Street 
     Bridge.
       (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)(i).
       (ii) Transfer to smithsonian institution.--Except with 
     respect to a site described in clause (i) or (ii) 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--
       (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; and
       (v) the Chairman and Ranking Member of each of--

       (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; and
       (V) the Committee on Appropriations of the Senate.

       (2) Consideration.--The Board of Regents shall take into 
     consideration the recommendations of the Council concerning 
     the planning, design, and construction of the Museum.
       (3) 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.
       (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.

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