[Congressional Record (Bound Edition), Volume 149 (2003), Part 21]
[House]
[Pages 29553-29559]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  2115
      NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE ACT

  Mr. NEY. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3491) to establish within the Smithsonian Institution the 
National Museum of African American History and Culture, and for other 
purposes.
  The Clerk read as follows:

                               H.R. 3491

       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.

[[Page 29554]]



     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

[[Page 29555]]

       (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.

  The SPEAKER pro tempore (Mr. Pearce). Pursuant to the rule, the 
gentleman from Ohio (Mr. Ney) and the gentleman from Connecticut (Mr. 
Larson) each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. Ney).
  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3491 establishes the National Museum of African 
American History and Culture within the Smithsonian Institution. This 
is a long, long overdue bill. This is a proud night for the House and a 
proud night for all in the United States, for citizens of all races, 
all ethnic backgrounds, and people of all income levels and all walks 
of life here in our great country. I am very proud that this Congress, 
the 108th Congress, has stepped up to the plate to pass this bill. This 
concept for such a museum has been around for quite some time, but it 
has never been this close to reality as tonight. The credit for 
bringing us to where we are tonight rests with the gentleman from 
Georgia (Mr. Lewis), who has worked tirelessly, endlessly on this 
legislation since 1988. The gentleman from Georgia (Mr. Lewis) has 
paired up with the gentleman from Georgia (Mr. Kingston), another 
fellow Georgian in this Congress, and together they have worked in a 
bipartisan manner with many of our colleagues to address any concerns 
and surmount any barriers in the way of this bill. I also want to thank 
the gentleman from Connecticut (Mr. Larson), our ranking member, and 
the members of the Committee on House Administration who have worked, I 
believe, in a very quick and diligent manner to have this bill again 
come to a vote on the floor of the U.S. House.
  Credit also should be given to the gentleman from Ohio (Mr. 
LaTourette) and the gentlewoman from the District of Columbia (Ms. 
Norton) whose subcommittee has jurisdiction over the construction 
portion of the museum. Without the help of these Members, Mr. Speaker, 
and their staff, reaching a consensus would not have been possible 
within the time frame in which it was achieved.
  The establishment of this museum will go a long way in educating our 
future generations and recognizing the many contributions of African 
Americans throughout our Nation's history. The proposed museum would 
take a step in acknowledging many, and I repeat, many of the sacrifices 
that have been made and provide a comprehensive history about 
significant events and individuals.
  Several years ago Congress agreed that in order to take the next step 
towards this museum, any remaining questions or issues had to be 
resolved. In December of 2001, President Bush signed Public Law 107-
106, which created a Presidential Commission to research and evaluate 
issues related to the establishment of the proposed African American 
Museum and to develop a plan for action to bring this vision to 
reality.
  This Presidential Commission should also be applauded for their 
diligent work and research on the proposed museum. Their hard work 
provided us with many answers to questions related to site location, 
potential costs for museum, the fund-raising ability of the private 
sector, and the potential for exhibits and artifacts for this museum.
  The proposed museum will reside within the structure of the 
Smithsonian Institution. As the Nation's keeper of history and culture, 
the Smithsonian is an ideal body of inclusion for

[[Page 29556]]

just such a museum. This bill authorizes the Smithsonian to identify a 
site for the museum from a list of recommended sites provided to 
Congress from the Presidential Commission. Once a site has been 
selected, the legislation authorizes the Smithsonian's governing Board 
of Regents to plan, design, and construct a building for the museum 
that will be paid for through a public/private partnership which would 
be split 50 percent Federal funds and 50 percent private funding, and I 
have no doubt tonight, and I talked with the gentleman from Georgia 
(Mr. Lewis) about this and our ranking member and other Members, and I 
have no doubt, again I want to stress, that the private funding will be 
there. Support for this will come from not only the United States, but 
I believe from around the world of citizens realizing this great museum 
and its tremendous worth to all people in the United States.
  This legislation authorizes an initial amount of $17 million for 
fiscal year 2004 for carrying out this act, and it further authorizes 
an initial amount of $15 million for fiscal year 2004 that will be used 
for education and liaison programs that will be used to carry out the 
goals of this museum.
  Langston Hughes, a great African American author and poet, said 
``Dream your dreams but be willing to pay the sacrifice to make them 
come true.'' African Americans have paid many sacrifices in this 
country, and tonight the gentleman from Georgia (Mr. Lewis) and the 
other Members that are supporting this have had a dream and they have 
surely paid the sacrifice of their time, their efforts, and all the 
promotion of this museum, which is going to be such a positive force 
for our country.
  This proposed museum has broad bipartisan support from both Houses of 
Congress, the administration, and the Smithsonian Institution. It is a 
worthwhile project that will have a very positive and lasting influence 
on our country for today and also tomorrow's generations. And I urge my 
colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LARSON of Connecticut. Mr. Speaker, I yield myself such time as I 
may consume.
  I rise in strong support of H.R. 3491 on this historic day and to 
congratulate the gentleman from Georgia (Mr. Lewis), a living legacy on 
the culmination of 17 years of work in this House to create this 
national museum within the Smithsonian. His effort has been part of a 
broader campaign spanning nearly 90 years to obtain recognition for the 
contributions of African Americans to our Nation's history and culture. 
The chairman has said it well. This is a proud day for all Americans 
and indeed for our country and for this great Chamber. This gentleman 
of vision will rise later and address this issue.
  I also want to congratulate the gentlewoman from the District of 
Columbia (Ms. Norton), member of the Committee on Transportation and 
Infrastructure, as the chairman mentioned, along with the gentleman 
from Ohio (Mr. LaTourette), who has jurisdiction over the project. She 
vigorously presented the views of the citizens of our Nation's capital 
who live in the shadow of many museums, monuments, and other historic 
structures representing America's living history. She is, as we all 
know, the First Lady of Washington, D.C.
  I would especially like to thank the gentleman from Ohio (Chairman 
Ney) and especially for the sensitivity and his deep appreciation for 
the historic significance and importance of this issue to his fellow 
colleagues and to this Nation we are all pledged to serve. He not only 
expedited the hearings, but he also brought this bill to the floor in a 
timely manner, so that to paraphrase Martin Luther King, we might be 
able to say here at last, here at last, thank God Almighty, this bill 
is here at last.
  In addition, I want to thank the majority staff members, Paul 
Vinovich, who is here today, and George Hadijski. Their efforts, as 
people on this committee know, in order to move this bill forward were 
so critical, and again their great sensitivity and concern and outreach 
to all parties, I think, is testimony to how this committee works and 
certainly a tribute to the chairman of this committee, and I cannot 
thank them enough for what they have done this evening. It brings great 
pride to African Americans, Americans in general, and it makes it an 
honor for all of us to be a part of it.
  I would be remiss if I did not commend the minority committee staff 
as well, Susan Brita of the Committee on Transportation and 
Infrastructure, and of course the irrepressible and irresistible Matt 
Pinkus for his great contribution to the Committee on House 
Administration and for their work on this bill and previous Congresses 
on behalf of the two House committees of primary jurisdiction.
  We are also here today due to the work of the National Museum of 
African American History and Culture Plan for Action Presidential 
Commission, created by Public Law 107-106, which presented this report 
and recommendations to us on April 2, 2003. In addition to the 
Commission, the Board of Regents of the Smithsonian has consistently 
supported the museum while helping us create a new entity that can be 
appropriately managed within the traditional Smithsonian framework of 
governance.
  I am equally proud of the fact that the AMISTAD America not only 
supports this, but will be a key part of this museum. I had the great 
honor to bring many of the members of the Congressional Black Caucus to 
Connecticut when we christened the Amistad, and indeed that was a 
highlight for me and so many of my colleagues to come to Connecticut 
and see the christening of this historic boat, and what a historic 
journey that has been as well.
  Mr. Speaker, I yield 7 minutes to the distinguished gentleman from 
Georgia (Mr. Lewis), who was responsible for this bill being on the 
floor.
  Mr. LEWIS of Georgia. Mr. Speaker, I want to thank the gentleman from 
Connecticut (Mr. Larson), the ranking member, for yielding me this 
time.
  Mr. Speaker, I rise tonight in support of H.R. 3491, the National 
African American Museum History and Culture Act. First I would like to 
thank all of my colleagues who have labored long days, weeks, months, 
and even years to help realize a dream deferred for nearly 100 years, 
the establishment of a national museum that documents the significant 
contributions of African Americans.
  It has been my honor and pleasure to work with the gentleman from the 
State of Georgia (Mr. Kingston), my dear friend, but tonight in 
addition to thanking the gentleman from Georgia (Mr. Kingston), I also 
want to thank the gentleman from Ohio (Chairman Ney) for not giving up, 
for not giving in, for not giving out. And I thank the gentleman from 
Connecticut (Mr. Larson), ranking member, for his commitment to making 
the National African American Museum a reality. I want to commend the 
gentleman from Ohio (Chairman LaTourette) and the gentlewoman from the 
District of Columbia (Ms. Norton), ranking member, for all of their 
help. It is important to thank Senator Brownback and Senator Dodd for 
championing this legislation in the other body. Tonight I also want to 
thank our former colleague, Congressman J.C. Watts for his effort on 
this bill.
  The effort to create a National African American Museum has not been 
easy. It has been a long, hard, and tedious journey. We are here today 
because Members, staff, and many supporters really never gave up. They 
did not give out. They did not give in. I want to thank my staff, Tammy 
Boyd and others, who worked so hard.
  When we began this journey, we often said that we must pace ourselves 
for the long haul and we must keep the faith. We paced ourselves for 
the journey. We diligently planted our seeds and tilled a sometimes 
hardened soil. And now the many supporters of the African American 
Museum can and will finally see the fruit of their labor.
  The passage of this legislation will send a powerful message to 
supporters of the museum that we must organize and mobilize our effort 
to raise the necessary money to build a National African American 
Museum.

[[Page 29557]]

  During every session of the Congress for the past 15 years, I have 
introduced legislation to establish a National African American Museum. 
This bill was passed in the Senate but not in the House in 1992, and 
another bill was passed in the House but not in the Senate in 1994. 
Today the bill will pass both Houses of Congress. This bill will be 
signed by the President of the United States into law, and we will 
build the National African American Museum.
  The African American story must be told, and a National African 
American Museum in Washington, D.C. is critical to telling that story. 
African American history is the story of hundreds, thousands, and 
millions of ordinary men, women, and children struggling to survive in 
a land where they were denied the fundamental rights, dignity, and 
respect that belong to all human beings. This is the story that we must 
tell.
  We have come a long way in our quest to become one Nation and one 
people. We have made such tremendous strides that the young people 
today cannot imagine living in a country where they could not eat where 
they wanted to eat or sit where they wanted to sit.

                              {time}  2130

  They cannot imagine a country where they could be beaten, shot, or 
even lynched because of the color of their skin. Yet, this was the 
country that I grew up in, and this is the history that we must tell.
  The time is long overdue to recognize the contribution of one of the 
members of our American family. Mr. Speaker, the time is always right 
to reright, the cause is just, and the time is now. Let it be done on 
our watch. Let us create a National Museum of African American history 
and Culture. Again, I thank the gentleman from Ohio (Mr. Ney), the 
chairman, the gentleman from Connecticut (Mr. Larson), the ranking 
member, and all of the staff for bringing us to this point.
  I urge all of my colleagues to support H.R. 3491, a National African 
American Museum.
  Mr. NEY. Mr. Speaker, I reserve the balance of my time.
  Mr. LARSON of Connecticut. Mr. Speaker, I yield 3 minutes to the 
distinguished gentlewoman from California (Ms. Millender-McDonald), who 
is an outstanding member of our committee.
  Ms. MILLENDER-McDONALD. Mr. Speaker, let me first thank my chairman 
and ranking member, the gentleman from Ohio (Mr. Ney), and the 
gentleman from Connecticut (Mr. Larson) for their constant sensitivity 
on issues that are critical to many members and all Members of this 
House. I am so happy and honored to serve on the committee with both of 
these giants who share so much of their leadership and reflect their 
leadership in the work that they do.
  Mr. Speaker, I would also like to thank the gentleman from Georgia 
(Mr. Lewis) and the former Congressman J.C. Watts for their initiation 
of this well-deserved project and for their great leadership and 
sensitivity in bringing this to the House.
  Throughout United States history, African Americans have made 
significant contributions in terms of building up the cultural, 
business, academic, and civic institutions of this Nation. Without the 
input of African Americans into the moral, spiritual and political 
aspects of American life, this country would be a much different place.
  In that spirit, I am here to offer my wholehearted support as a 
cosponsor of H.R. 3491, calling for the creation of a museum devoted to 
celebrating the history of African Americans in this Nation. The intent 
of this museum will be to feature the many highlights of African 
American life in this country from the time of slavery through the era 
of Reconstruction, the Harlem Renaissance, the Civil Rights Movement, 
to present-day events.
  Our young people of all backgrounds, as well as those most recently 
arrived in the United States from other parts of the world, must be 
made aware of the rich traditions added by African Americans to all 
facets of American life. There are multitalented individuals of African 
American and other ancestries waiting for approval of this museum's 
construction to start so that they can begin to shape the content of 
the museum's offering for the public to enjoy.
  There has been much discussion regarding the potential location of 
the museum. I have the utmost faith that we as a Congress can pass this 
long-overdue legislation and agree upon a site that will most ably 
honor the legacy of African Americans while providing the best possible 
option in terms of a location.
  For 15 years, the gentleman from Georgia (Mr. Lewis) has continuously 
pushed for the construction of a museum recognizing the extraordinary 
history and achievements of African Americans. Let us reward his 
perseverance by passing this bill, H.R. 3491, so the business of 
building this museum can get underway.
  I also want to commend the gentlewoman from the District of Columbia 
(Ms. Norton), the gentleman from Georgia (Mr. Kingston), the gentleman 
from Mississippi (Mr. Wicker), and the gentleman from Ohio (Mr. 
LaTourette), along with Senators Brownback and Dodd, as well as many 
others for the leadership and vision they have shown in working to make 
this African American museum a reality.
  It is time now, Mr. Speaker, that we move forward with the approval 
of this legislation and allow the African American museum to be witness 
in the honor of all African Americans past, present, and those 
generations yet unborn.
  Mr. NEY. Mr. Speaker, I reserve the balance of my time.
  Mr. LARSON of Connecticut. Mr. Speaker, I yield 5 minutes to the 
gentlewoman from the District of Columbia (Ms. Norton), the first lady 
of the District, who is the ranking member on the Committee on 
Transportation and Infrastructure that the chairman duly noted in his 
remarks who was so instrumental in bringing this legislation before us.
  Ms. NORTON. Mr. Speaker, I thank the gentleman from Connecticut (Mr. 
Larson) for his graciousness and for yielding to me. I want to first 
offer my gratitude to the gentleman from Ohio (Mr. Ney) and the 
gentleman from Connecticut (Mr. Larson) who had to get us all together 
and work very closely with us so that we could achieve agreement on 
this bill, agreement that would be accepted by the other body as well. 
That took some skill.
  I need to compliment and thank my good friend, the gentleman from 
Ohio (Mr. LaTourette), the chair of the Transportation subcommittee 
which has jurisdiction over this bill, the Subcommittee on Economic 
Development, Public Buildings and Emergency Management, because his 
patience and graciousness were important here, as well as in not 
insisting that we have yet another hearing on the bill but move forward 
rapidly so that the bill could be approved during this session.
  But, of course, no one deserves more credit for what we do tonight 
than my good friend and colleague, the gentleman from Georgia (Mr. 
Lewis), whom I knew as a colleague in another life, a colleague in a 
life in which he was held in just the high esteem that he is held in 
this body, and that says something. So it is perfectly fitting that the 
major sponsor of this bill would be the gentleman from Georgia (Mr. 
Lewis). Who would have thought 40 years ago that he or I would be here 
or that there would ever be such a bill.
  It is a great tribute to the gentleman from Georgia (Mr. Lewis) that 
when he first came to the Congress and was a part of the Committee on 
Transportation and the subcommittee that has jurisdiction that this is 
one of the first bills that he authored. So for him, this is a stellar 
moment. In a real sense what we do tonight is to pick up the baton. It 
has been dropped over and over again for 100 years. There have been 
many tries in both Houses. And what is important about what we do 
tonight is that we brought both Houses together.
  I remember being on the committee when we passed the bill, guided it 
to

[[Page 29558]]

the floor, thought we had the work done. Tonight, we know we have the 
work done because we know both Houses approved this bill.
  Why an African American museum? I do want to say a word about that. 
Because there might be museums, perhaps should be museums for many, 
many kinds of people who have come to our shores. And I take nothing 
from them when I say that I hope that they attain some such recognition 
in our city. But no one can doubt that there is no American story 
without telling the story of African Americans in this country who came 
to this country as it was being founded, as it was being born, before 
it was a Nation.
  We cannot understand the greatness of our Nation without 
understanding what our country has overcome. We can know that we can do 
anything if we come to grips with where we were, understand it, and see 
where we have come to. We are a Nation who started with original sin, 
with slavery, and then progressed only to discrimination under law.
  And what makes this story so important for us, and for Americans of 
every background, is to look at the history and where it has brought 
us. If we start even in this city, the city of my birth, and see the 
end of slavery, the establishment of the Freeman's Bureau and Howard 
University named for a Civil War general, but then look at the sad 
history of this city, the Capital of the United States, where I went to 
segregated schools and had public accommodations that were segregated. 
But then look to the poor people's campaign and the march on Washington 
and the triumph of true Americanism, this story needs to be told. 
Because when we get discouraged about not being all we want to be, we 
need to go to an African American museum and see from whence we came.
  Finally, let me say that my own constituents, the people of the 
District of Columbia, this majority African American city have been in 
true Thanksgiving that we would get to this day. I commend the 
Presidential commission consisting of many citizens from across the 
Nation, including citizens of this town that have worked single-
handedly for this bill. But for the people who live here, who consider 
themselves the guardians of the city's museums and monuments, this is a 
very special day. We promise to indeed be a guardian of this museum, to 
work closely with my good friends the gentleman from Ohio (Mr. Ney) and 
the gentleman from Connecticut (Mr. Larson), with all of those who have 
supported us on this bill, so we can raise the funds now that we have 
an obligation in writing, in this bill, from our country to, in fact, 
realize this bill so that we can all be at the groundbreaking. I thank 
both gentlemen again for their leadership on this bill.
  Mr. Speaker, I am proud to be cosponsor of H.R. 3491, a bill to 
establish within the Smithsonian complex the National Museum of African 
American History and Culture. The most important new national museum in 
decades as we take this giant step to making the museum a reality, 
praise and thanks must be extended to Congressman John Lewis, my friend 
who introduced this bill when he was first elected to Congress and 
before I was elected to Congress.
  My strong support for this bill has several sources. I have been a 
cosponsor of the museum bill since my first term in Congress in 1991. I 
have been a member of the Transportation Subcommittee that often 
considered the museum bill during the several years when the museum was 
repeatedly debated and voted. The House passed the museum bill during 
the 103rd Congress only to have Senator Jesse Helms stop it in the 
Senate. I represent the District of Columbia whose residents consider 
themselves the guardians of our memorials, a city with a majority 
African-American population that has watched and waited from the front 
row for the promised museum. I am a fourth generation Washingtonian 
with what I must admit is a personal stake that I trace to my great 
grandfather, Richard Holmes, who walked away from slavery in Virginia 
long before the Civil War to start a new life and a family in the 
District, where my family has long awaited the museum. Finally, I am an 
African-American who joins millions of blacks and people of every color 
and background that have asked for the promise of an African American 
museum to be kept.
  This bill is a good bill. It lists four sites for the location of the 
museum. I am pleased to see the working relationships between the 
Smithsonian and the National Capitol Planning Commission (NCPC) are 
preserved. The bill provides that the Board of Regents will consult 
with not only the NCPC and the Commission on Fine Arts, but also the 
Chair and Vice Chair of the Presidential Commission, and further the 
Chair of the Commission's Site Subcommittee. The appropriate 
Congressional Committees will also be consulted regarding the final 
site selection. The bill also provides for a 50/50 split in cost 
sharing for the museum, 50% of the cost to be paid by the federal 
government and 50% to come from the private sector. Finally, the bill 
authorizes $17m in FY04 for the Smithsonian to carry out its duties 
under the Act and such sums as are necessary for each fiscal year 
thereafter.
  This bill is especially appreciated, considering that in one form or 
another this subject has been before Congress for nearly 100 years. 
Civil War veterans first raised the idea of a memorial as they sought 
recognition for their service to their country in all its wars and for 
their ancestors because the country's large population of slaves, free 
blacks and their descendants were instrumental in building our nation. 
Colonel Charles Young, the highest ranking African American officer and 
the third black graduate of West Point asked Congress in 1919 for ``a 
memorial to the Negro dead and that that memorial be the thing for 
which these Negroes gave their lives--liberty, justice, equal 
opportunities and educational facilities, the suppression of lynching 
by making it a federal crime [and] the abolition of jimcrow [sic] 
cars.'' No one can doubt that the case for the museum has long ago been 
made. It was accepted and recognized by Congress as a worthy project, 
including a $50,000 appropriation even in 1929, at a time when racial 
segregation was the law of the land.
  Much work has been done, and much work lies ahead of us, but passage 
of this bill will be a giant step forward to placing African American 
history in its appropriate place in our Nation's story. Mr. Speaker I 
would like to quote from the museum's mission statement:
  ``The National Museum of African American History and Culture will 
give voice to the centrality of the African American experience and 
will make it possible for all people to understand the depth, 
complexity, and promise of the American experience. The museum will 
serve as a national forum for collaboration with educational and 
cultural institutions in the continuing quest for freedom, truth, and 
human dignity.''
  H.R. 3491 is a historic bill. I urge my colleagues to join me in 
supporting this bill.
  Mr. NEY. Mr. Speaker, at this time I yield 2 minutes to the gentleman 
from Georgia (Mr. Gingrey).
  Mr. GINGREY. Mr. Speaker, I thank the chairman, the gentleman from 
Ohio (Mr. Ney) for yielding. I stand tonight to support the gentleman 
from Georgia (Mr. Lewis), my colleague, the honorable and distinguished 
Representative from the 5th District. I want to say how proud I am to, 
as a freshman Member, to be able to support what he has been working on 
for these past 15 years and supporting H.R. 3491, the creation of a 
National Museum of African Culture and History. And I thank the 
gentleman from Ohio (Mr. Ney) and the gentleman from Connecticut 
(Ranking Member Larson), and the gentlewoman from the District of 
Columbia (Ms. Norton) for their support in trying to bring this long-
term effort of this great Member of Congress to fruition.
  And I just want to tell the gentleman how much I appreciate what he 
has done and how much respect I have for him. When we go back and talk 
to our spouses sometimes at the end of the week about what the 
experience was up here, I have said often to her that the gentleman 
from Georgia (Mr. Lewis) has been one of the nicest and kindest Members 
of this body to me, a freshman, reaching out on many occasions to make 
me feel warm and accepted. So I do take great pleasure in standing here 
tonight and supporting this.
  I hope some day that I will be able to bring my grandchildren through 
that museum, and I hope he is there to explain to them some of the 
history that he knows so well, better than so many people, because he 
has experienced it, and he has brought more to racial healing than 
hardly anybody I can think of in this country. I commend him for it. I 
wholeheartedly support this bill.
  Mr. LARSON of Connecticut. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, let me close by saying what great pride I have this 
evening,

[[Page 29559]]

especially to stand with two colleagues who will definitely be in that 
museum, to be here with two outstanding Members of Congress who are a 
living legacy, the gentleman from Georgia (Mr. Lewis) and the 
gentlewoman from the District of Columbia (Ms. Norton). Their deeds 
speak so highly of their commitment.
  This week we will celebrate or look back on the passing of President 
Kennedy. President Kennedy was fond of saying that communities reveal 
an awful lot about themselves in memorials, monuments that they create. 
What a great and lasting tribute my colleagues are leaving through 
their great efforts with the establishment and creation of this museum.
  Mr. Speaker, I look forward to seeing this project through to its 
fruition.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  2145

  Mr. NEY. Mr. Speaker, I yield myself such time as I may consume. Let 
me close by thanking the gentleman from Georgia (Mr. Lewis), the 
gentleman from Georgia (Mr. Kingston), the primary authors of this 
bill, our colleagues Senator Dodd and Senator Brownback, our ranking 
member, members of House Administration.
  I noted earlier that this was going to be for future generations. I 
need to note also that this is for the memory of all past generations. 
I urge all Members to support the bill.
  Mr. CUMMINGS. Mr. Speaker, I rise today in support of the National 
Museum of African-American History and Culture Act of 2003, H.R. 3491. 
This important piece of legislation will establish a national African-
American museum within the Smithsonian Institution, a preeminent 
position on our national mall.
  Since the arrival of the first Africans at Jamestown, Virginia in 
1619, African-Americans have played an integral role in the overall 
development of this great nation. We have endured the cruelties and 
degradation of the Middle Passage, slavery, lynchings, Jim- Crowism, 
social injustice, segregation, and discrimination. However, our strong 
faith and belief in the promise of America has enabled us to persevere 
in the face of adversity.
  In all areas of life, African Americans have made an important 
contribution. In music, from jazz to hip-hop, African Americans 
continue to have a strong influence upon our nation's musical heritage. 
From Langston Hughes and Richard Wright, to Maya Angelou and Toni 
Morrison, African Americans have enriched this country's literary 
heritage. We have excelled in film, sports, and business and continue 
to sow into the life of this nation.
  African American scientists, inventors, educators, and physicians, 
such as Dr. Charles Drew and Dr. Ben Carson to name a few, have and 
continue to enrich the daily lives of all Americans--from developing 
blood transfusion and blood bank procedures to learning the path of the 
mind to perform delicate brain surgery. Inventors, such as Garrett 
Morris and Granville T. Woods to name just a few, have developed 
everything from the stoplight and gas mask to critical railway 
switching technology.
  Additionally, we have proudly served our nation with distinction in 
every war--from the Revolutionary War to today in Operation Iraqi 
Freedom. The struggle for freedom, equality, and civil rights has 
always been a struggle for the full realization of true democracy in 
America. Our legacy is firmly ingrained in the very fabric of this 
democracy. However, in spite of our triumphs and accomplishments, there 
does not exist a national museum located in Washington D.C. on or near 
the National Mall dedicated to the documentation of African American 
history. This bill creates such a museum.
  The National Museum of African American History and Culture would 
properly collect, preserve, exhibit, and honor, on a national level, 
the period of slavery, Reconstruction, the Harlem Renaissance, and 
other periods associated with African American life, art, history, and 
culture. Not only will this national repository of the Black experience 
in America be viewed by millions of tourists who flock to the nation's 
capital each year, but will be accessible to students and scholars 
alike. It will also demonstrate to our youth that they can take pride 
in their rich cultural heritage.
  Mr. Speaker, I urge my colleagues to lend their support to this 
important piece of legislation. I would just like to take this 
opportunity to thank my distinguished colleague, Representative John 
Lewis, for his tireless dedication and leadership. Mr. Lewis has 
committed more than 10 years of his life to the vision of a national 
monument celebrating the legacy of African Americans on the national 
mall. We are now on the verge of making that dream a reality. Please 
support this bipartisan bill.
  I also extend my sincere appreciation to Representatives Jack 
Kingston and Roger Wicker, and Senators Sam Brownback and Christopher 
Dodd for their leadership.
  Mr. NEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Pearce). The question is on the motion 
offered by the gentleman from Ohio (Mr. Ney) that the House suspend the 
rules and pass the bill, H.R. 3491.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LEWIS of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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