    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    117 STAT. 2676

    Public Law 108-184
    108th Congress

    An Act

    To establish within the Smithsonian Institution the National Museum of
    African American History and Culture, and for other
    purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in <> Congress assembled,

    SECTION 1. SHORT <> TITLE.

    This Act may be cited as the ``National Museum of African American
    History and Culture Act''.

    SEC. 2. <> FINDINGS.

    Congress finds that--
    (1) since its founding, the United States has grown into a
    symbol of democracy and freedom around the world, and the legacy
    of African Americans is rooted in the very fabric of the
    democracy and freedom of the United States;
    (2) there exists no national museum within the Smithsonian
    Institution that--
    (A) is devoted to the documentation of African
    American life, art, history, and culture; and
    (B) encompasses, on a national level--
    (i) the period of slavery;
    (ii) the era of Reconstruction;
    (iii) the Harlem renaissance;
    (iv) the civil rights movement; and
    (v) other periods associated with African
    American life, art, history, and culture; and
    (3) a National Museum of African American History and
    Culture would be dedicated to the collection, preservation,
    research, and exhibition of African American historical and
    cultural material reflecting the breadth and depth of the
    experiences of individuals of African descent living in the
    United States.

    SEC. 3. <> DEFINITIONS.

    In this Act:
    (1) Board of regents.--The term ``Board of Regents'' means
    the Board of Regents of the Smithsonian Institution.
    (2) Council.--The term ``Council'' means the National Museum
    of African American History and Culture Council established by
    section 5.
    (3) Museum.--The term ``Museum'' means the National Museum
    of African American History and Culture established by section
    4.

    [[Page 2677]]
    117 STAT. 2677

    (4) Secretary.--The term ``Secretary'' means the Secretary
    of the Smithsonian Institution.

    SEC. 4. ESTABLISHMENT OF <> MUSEUM.

    (a) Establishment.--There is established within the Smithsonian
    Institution a museum to be known as the ``National Museum of African
    American History and Culture''.
    (b) Purpose.--The purpose of the Museum shall be to provide for--
    (1) the collection, study, and establishment of programs
    relating to African American life, art, history, and culture
    that encompass--
    (A) the period of slavery;
    (B) the era of Reconstruction;
    (C) the Harlem renaissance;
    (D) the civil rights movement; and
    (E) other periods of the African American diaspora;
    (2) the creation and maintenance of permanent and temporary
    exhibits documenting the history of slavery in America and
    African American life, art, history, and culture during the
    periods referred to in paragraph (1);
    (3) the collection and study of artifacts and documents
    relating to African American life, art, history, and culture;
    and
    (4) collaboration between the Museum and other museums,
    historically black colleges and universities, historical
    societies, educational institutions, and other organizations
    that promote the study or appreciation of African American life,
    art, history, or culture, including collaboration concerning--
    (A) development of cooperative programs and
    exhibitions;
    (B) identification, management, and care of
    collections; and
    (C) training of museum professionals.

    SEC. 5. <> COUNCIL.

    (a) Establishment.--There is established within the Smithsonian
    Institution a council to be known as the ``National Museum of African
    American History and Culture Council''.
    (b) Duties.--
    (1) In general.--The Council shall--
    (A) make recommendations to the Board of Regents
    concerning the planning, design, and construction of the
    Museum;
    (B) advise and assist the Board of Regents on all
    matters relating to the administration, operation,
    maintenance, and preservation of the Museum;
    (C) recommend annual operating budgets for the
    Museum to the Board of Regents;
    (D) <> report annually to the Board
    of Regents on the acquisition, disposition, and display
    of objects relating to African American life, art,
    history, and culture; and
    (E) adopt bylaws for the operation of the Council.
    (2) Principal responsibilities.--The Council, subject to the
    general policies of the Board of Regents, shall have sole
    authority to--
    (A) purchase, accept, borrow, and otherwise acquire
    artifacts for addition to the collections of the Museum;

    [[Page 2678]]
    117 STAT. 2678

    (B) loan, exchange, sell, and otherwise dispose of
    any part of the collections of the Museum, but only if
    the funds generated by that disposition are used for
    additions to the collections of the Museum; or
    (C) specify criteria with respect to the use of the
    collections and resources of the Museum, including
    policies on programming, education, exhibitions, and
    research with respect to--
    (i) the life, art, history, and culture of
    African Americans;
    (ii) the role of African Americans in the
    history of the United States from the period of
    slavery to the present; and
    (iii) the contributions of African Americans
    to society.
    (3) Other responsibilities.--The Council, subject to the
    general policies of the Board of Regents, shall have authority--
    (A) to provide for preservation, restoration, and
    maintenance of the collections of the Museum; and
    (B) to solicit, accept, use, and dispose of gifts,
    bequests, and devises of personal property for the
    purpose of aiding and facilitating the work of the
    Museum.

    (c) Composition and Appointment.--
    (1) In general.--The Council shall be composed of 19 voting
    members as provided under paragraph (2).
    (2) Voting members.--The Council shall include the following
    voting members:
    (A) The Secretary of the Smithsonian Institution.
    (B) One member of the Board of Regents, appointed by
    the Board of Regents.
    (C) Seventeen individuals appointed by the Board of
    Regents--
    (i) taking into consideration individuals
    recommended by organizations and entities that are
    committed to the advancement of knowledge of
    African American life, art, history, and culture;
    and
    (ii) taking into consideration individuals
    recommended by the members of the Council.
    (3) <> Initial appointments.--The Board of
    Regents shall make initial appointments to the Council under
    paragraph (2) not later than 180 days after the date of
    enactment of this Act.

    (d) Terms.--
    (1) In general.--Except as provided in this subsection, each
    appointed member of the Council shall be appointed for a term of
    3 years.
    (2) Initial appointees.--As designated by the Board of
    Regents at the time of appointment, of the voting members first
    appointed under subparagraph (C) of subsection (c)(2)--
    (A) six members shall be appointed for a term of 1
    year;
    (B) six members shall be appointed for a term of 2
    years; and
    (C) five members shall be appointed for a term of 3
    years.
    (3) Reappointment.--A member of the Council may be
    reappointed, except that no individual may serve on the Council

    [[Page 2679]]
    117 STAT. 2679

    for a total of more than 2 terms. For purposes of this
    paragraph, the number of terms an individual serves on the
    Council shall not include any portion of a term for which an
    individual is appointed to fill a vacancy under paragraph
    (4)(B).
    (4) Vacancies.--
    (A) In general.--A vacancy on the Council--
    (i) shall not affect the powers of the
    Council; and
    (ii) shall be filled in the same manner as the
    original appointment was made.
    (B) Term.--Any member of the Council appointed to
    fill a vacancy occurring before the expiration of the
    term for which the member's predecessor was appointed
    shall be appointed for the remainder of that term.

    (e) Compensation.--
    (1) In general.--Except as provided in paragraph (2), a
    member of the Council shall serve without pay.
    (2) Travel expenses.--A member of the Council shall be
    allowed travel expenses, including per diem in lieu of
    subsistence, at rates authorized for an employee of an agency
    under subchapter I of chapter 57 of title 5, United States Code,
    while away from the home or regular place of business of the
    member in the performance of the duties of the Council.

    (f) Chairperson.--By a majority vote of its voting members, the
    Council shall elect a chairperson from its members.
    (g) Meetings.--
    (1) In general.--The Council shall meet at the call of the
    chairperson or on the written request of a majority of the
    voting members of the Council, but not fewer than twice each
    year.
    (2) Initial meetings.--During the 1-year period beginning on
    the date of the first meeting of the Council, the Council shall
    meet not fewer than 4 times for the purpose of carrying out the
    duties of the Council under this Act.

    (h) Quorum.--A majority of the voting members of the Council holding
    office shall constitute a quorum for the purpose of conducting business,
    but a lesser number may receive information on behalf of the Council.

    SEC. 6. <> DIRECTOR AND STAFF OF THE MUSEUM.

    (a) Director.--
    (1) In general.--The Museum shall have a Director who shall
    be appointed by the Secretary, taking into consideration
    individuals recommended by the Council.
    (2) Duties.--The Director shall manage the Museum subject to
    the policies of the Board of Regents.

    (b) Staff.--The Secretary may appoint two additional employees to
    serve under the Director, except that such additional employees may be
    appointed without regard to the provisions of title 5, United States
    Code, governing appointments in the competitive service.
    (c) Pay.--The employees appointed by the Secretary under subsection
    (b) may be paid without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5, United States Code, relating to
    classification of positions and General Schedule pay rates.

    SEC. 7. <> EDUCATIONAL AND LIAISON PROGRAMS.

    (a) In General.--

    [[Page 2680]]
    117 STAT. 2680

    (1) Programs authorized.--The Director of the Museum may
    carry out educational and liaison programs in support of the
    goals of the Museum.
    (2) Specific activities described.--In carrying out this
    section, the Director shall--
    (A) carry out educational programs relating to
    African American life, art, history, and culture,
    including--
    (i) programs using digital, electronic, and
    interactive technologies; and
    (ii) programs carried out in collaboration
    with elementary schools, secondary schools, and
    postsecondary schools; and
    (B) consult with the Director of the Institute of
    Museum and Library Services concerning the grant and
    scholarship programs carried out under subsection (b).

    (b) Grant and Scholarship Programs.--
    (1) In general.--In consultation with the Council and the
    Director of the Museum, the Director of the Institute of Museum
    and Library Services shall establish--
    (A) a grant program with the purpose of improving
    operations, care of collections, and development of
    professional management at African American museums;
    (B) a grant program with the purpose of providing
    internship and fellowship opportunities at African
    American museums;
    (C) a scholarship program with the purpose of
    assisting individuals who are pursuing careers or
    carrying out studies in the arts, humanities, and
    sciences in the study of African American life, art,
    history, and culture;
    (D) in cooperation with other museums, historical
    societies, and educational institutions, a grant program
    with the purpose of promoting the understanding of
    modern-day practices of slavery throughout the world;
    and
    (E) a grant program under which an African-American
    museum (including a nonprofit education organization the
    primary mission of which is to promote the study of
    African-American diaspora) may use the funds provided
    under the grant to increase an endowment fund
    established by the museum (or organization) as of May 1,
    2003, for the purposes of--
    (i) enhancing educational programming; and
    (ii) maintaining and operating traveling
    educational exhibits.
    (2) Authorization of appropriations.--There are authorized
    to be appropriated to the Director of the Institute of Museum
    and Library Services to carry out this subsection--
    (A) $15,000,000 for fiscal year 2004; and
    (B) such sums as are necessary for each fiscal year
    thereafter.

    SEC. 8. <> BUILDING FOR THE NATIONAL MUSEUM OF
    AFRICAN AMERICAN HISTORY AND CULTURE.

    (a) In General.--
    (1) Location.--
    (A) <> In general.--Not later than
    12 months after the date of the enactment of this Act,
    the Board of Regents shall designate a site for the
    Museum.

    [[Page 2681]]
    117 STAT. 2681

    (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.

    [[Page 2682]]
    117 STAT. 2682

    (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.

    [[Page 2683]]
    117 STAT. 2683

    (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.

    Approved December 16, 2003.

    LEGISLATIVE HISTORY--H.R. 3491 (S. 1157):
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 149 (2003):
    Nov. 18, 19, considered and passed House.
    Nov. 20, considered and passed Senate.