Home > 108th Congressional Bills > H.R. 3491 (rds) To establish within the Smithsonian Institution the National Museum of African American History and Culture, and for other purposes. [Received in the Senate] ...H.R. 3491 (rds) To establish within the Smithsonian Institution the National Museum of African American History and Culture, and for other purposes. [Received in the Senate] ...
108th CONGRESS
1st Session
H. R. 3491
To establish within the Smithsonian Institution the National Museum of
African American History and Culture, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
November 17, 2003
Mr. Lewis of Georgia (for himself and Mr. Kingston) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committees on Transportation and
Infrastructure and Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
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A BILL
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.
(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;
(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
(E) a grant program under which an African-American
museum (including a nonprofit education organization
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