Pub.L. 108-185 Making further continuing appropriations for the fiscal year 2004, and for other purposes. <> ...

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       NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE ACT

[[Page 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. <<NOTE: Dec. 16, 2003 -  [H.R. 3491]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: National Museum of African American 
History and Culture Act.>> Congress assembled,

SECTION 1. SHORT <<NOTE: 20 USC 80r note.>> TITLE.

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

SEC. 2. <<NOTE: 20 USC 80r.>> 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. <<NOTE: 20 USC 80r-1.>> 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 117 STAT. 2677]]

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

SEC. 4. ESTABLISHMENT OF <<NOTE: 20 USC 80r-2.>> 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. <<NOTE: 20 USC 80r-3.>> 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) <<NOTE: Reports.>> 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 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) <<NOTE: Deadline.>> 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 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. <<NOTE: 20 USC 80r-4.>> 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. <<NOTE: 20 USC 80r-5.>> EDUCATIONAL AND LIAISON PROGRAMS.

    (a) In General.--

[[Page 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 

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