Establishes the National Museum of African American History and Culture Council. Requires the Council to appoint a Director to manage the Museum. Authorizes the Council to plan, design, reconstruct, renovate, and expand the Arts and Industries Building to house the Museum.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1718 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1718
To establish the National Museum of African American History and
Culture within the Smithsonian Institution.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2001
Mr. Lewis of Georgia (for himself, Mr. Watts of Oklahoma, Mr. Gephardt,
Mr. Armey, Mr. Frost, Mr. Bonior, Mr. Rangel, Mr. Hoyer, Mr. LaHood,
Mr. Frank, Mr. McDermott, Mr. Etheridge, Mr. Lampson, Mr. Borski, Mr.
Matheson, Mr. Stark, Mr. Davis of Illinois, Mr. Sanders, Mr. Honda, Mr.
Tom Davis of Virginia, Mr. Pascrell, Ms. Kaptur, Mr. Houghton, Mr.
Lucas of Oklahoma, Mr. Bishop, Ms. Carson of Indiana, Mrs. Christensen,
Mr. Clay, Mrs. Clayton, Mr. Clyburn, Mr. Conyers, Mr. Cummings, Mr.
Fattah, Mr. Ford, Mr. Hastings of Florida, Mr. Hilliard, Mr. Jackson of
Illinois, Ms. Jackson-Lee of Texas, Mr. Jefferson, Ms. Eddie Bernice
Johnson of Texas, Ms. Kilpatrick, Ms. Lee, Ms. McKinney, Mrs. Meek of
Florida, Mr. Meeks of New York, Ms. Millender-McDonald, Ms. Norton, Mr.
Owens, Mr. Payne, Mr. Rush, Mr. Thompson of Mississippi, Mr. Towns, Ms.
Waters, Mr. Watt of North Carolina, Mr. McIntyre, Mr. Johnson of
Illinois, Mr. Barrett, and Mr. Lantos) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committee on Transportation and Infrastructure, 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
_______________________________________________________________________
A BILL
To establish the National Museum of African American History and
Culture within the Smithsonian Institution.
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 of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) During the history of our Nation, 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 our Nation's democracy and freedom.
(2) There exists no national museum within the Smithsonian
Institution located on the National Mall that is devoted to the
documentation of African American life, art, history, and
culture and that encompasses on a national level, the period of
slavery, the era of reconstruction, the Harlem renaissance, the
civil rights movement, and beyond.
(3) Slavery was an accepted practice in this Nation,
authorized by the Government through legislation such as the
fugitive slave law of 1793 (1 Stat. 302) and sanctioned by the
Supreme Court in the Dred Scott decision (Scott v. Sanford, 60
U.S. 393 (1857)).
(4) Those African Americans who suffered under slavery and
their descendants show us the strength of the human character
and provide us with a model of courage, commitment, and
perseverance. A national museum dedicated to the history of and
commemorating those who suffered the grave injustice of slavery
in this country will help in ``binding our Nation's wounds''
rooted in slavery and will allow all Americans to understand
the past and honor the history of all Americans.
(5) Leaders of the African American community in the 1950s
and 1960s led this Nation in the civil rights movement with the
intent of ending discrimination against African Americans.
During this period, many African American churches were
destroyed and countless individuals involved in this movement
were often beaten and killed. Through the devotion and
sacrifice of those leaders, the civil rights movement made
great strides in ensuring equality for African Americans in
this country.
(6) African Americans have enriched the cultural make-up of
the United States by their contributions in the areas of
science, medicine, the arts and humanities, sports, music, and
dance.
(7) Preserving this rich record of the experiences of
African Americans, studying their experiences, and presenting
those experiences through exhibits to the public would be of
great educational and social value.
(8) The creation of a National Museum of African American
History and Culture located on the National Mall in the
District of Columbia and administered by the Smithsonian
Institution's Board of Regents was endorsed in 1991 by a
unanimous vote by the Smithsonian Institution's Board of
Regents.
(9) The Smithsonian African American Institutional Study
recommended that the National Museum of African American
History and Culture be established in the Arts and Industries
Building of the Smithsonian Institution.
(10) Although the Smithsonian Institution has had some
success in focusing on African American history and culture,
the programming on African American history and culture has
been occasional and episodic.
(11) A National Museum of African American History and
Culture will provide a continued and consistent African
American presence on the National Mall.
(12) A National Museum of African American History and
Culture will have the ability to administer other important
facilities, including the African American Burial Ground
National Historic Landmark in New York, New York, which holds
the remains of more than 20,000 enslaved Africans and first-
generation African Americans from the colonial era. The
Secretary of the Smithsonian stated in 1998 that the African American
Burial Ground affords the perfect opportunity to gain insight into the
institution of slavery, as practiced in urban, rural, northern, and
southern parts of the United States, and proposed that a partnership be
formed among the Smithsonian, the National Park Service, and the
General Services Administration to further develop the site.
(13) The National Museum of African American History and
Culture established by this Act will 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 persons of African
descent living in the United States.
(14) The National Museum of African American History and
Culture will coordinate the collection of material related to
African Americans, which is rapidly disappearing due to a lack
of resources and trained professionals engaged in preservation.
(15) The work of the National Museum of African American
History and Culture will be, fundamentally, the same as the
work of all museums in the United States that reflect and
express the experiences of the people of the United States in
an inclusive manner.
SEC. 3. ESTABLISHMENT OF THE NATIONAL MUSEUM OF AFRICAN AMERICAN
HISTORY AND CULTURE.
(a) Establishment.--There is established within the Smithsonian
Institution the National Museum of African American History and Culture
(hereafter referred to in this Act as the ``Museum''), and the
Smithsonian Institution shall maintain and administer the Museum.
(b) Purpose.--The purpose of the Museum is to provide for--
(1) the collection, study, and creation of scholarship
relating to the African American diaspora that encompasses
slavery, the era of reconstruction, the Harlem renaissance, the
civil rights movement, and beyond;
(2) the creation and maintenance of permanent and temporary
exhibits documenting African American slavery and African
American life, art, history, and culture from slavery and the
era of reconstruction to the Harlem renaissance, the civil
rights movement, and beyond;
(3) the collection and study of artifacts and documents
relating to African American life, art, history, and culture
and the African American diaspora;
(4) the establishment of programs in cooperation with other
museums, historical societies, educational institutions, and
other organizations that research and study modern day
practices of slavery throughout the world;
(5) collaboration between the Museum and other African
American museums, historically black colleges and universities,
and other museums, historical societies, educational
institutions, and other organizations that promote the study of
the African American diaspora including collaboration
regarding--
(A) development of cooperative programs and
exhibitions;
(B) identification, management, and care of
collections; and
(C) participation in the training of museum
professionals; and
(6) leadership and commitment to historical accuracy in the
study, education, and exhibition of African American life, art,
history, and culture in the Museum and throughout the United
States.
SEC. 4. COUNCIL.
(a) Establishment.--There is established in the Smithsonian
Institution the National Museum of African American History and Culture
Council (hereafter referred to in this Act as the ``Council'').
(b) Duties.--
(1) In general.--The Council, subject to subsection (l) and
to the general policies of the Board of Regents of the
Smithsonian Institution (hereafter referred to in this Act as
the ``Board of Regents''), shall have sole authority to--
(A) solicit, accept, use, and dispose of gifts,
bequests, and devises of services and property, both
real and personal, for the purpose of aiding and
facilitating the work of the Museum or the Council;
(B) establish policy with respect to the
utilization of the collections and resources of the
Museum, including policies on programming, education,
exhibitions, and research with respect to life, art,
and culture of African Americans, the role of African
Americans in the history of the United States, from
slavery to the present, and the contributions of
African Americans to society;
(C) purchase, accept, borrow, and otherwise acquire
artifacts and other property for addition to the
collections of the Museum;
(D) provide for restoration, preservation, and
maintenance of the collections of the Museum;
(E) loan, exchange, sell, and otherwise dispose of
any part of the collections of the Museum, but only if
the funds generated by such disposition are used for
additions to the collections of the Museum or for
programs carried out under section 6; and
(F) contract with and compensate Federal Government
and private agencies or persons for supplies and
services that would aid the work of the Museum, without
regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
(2) Administration.--Subject to subsection (l), the Board
of Regents shall advise and assist the Council on all matters
relating to the administration, operation, maintenance, and
preservation of the Museum.
(3) Annual report to congress.--Subject to subsection (l),
the Council shall submit to Congress an annual report that--
(A) provides a detailed account of the activities
of the Council and the Museum;
(B) recommends an annual budget for the Council and
the Museum; and
(C) identifies the future needs of the Council and
the Museum.
(4) Annual report to the board of regents.--Subject to
subsection (l), the Council shall report annually to the Board
of Regents on the acquisition, disposition, and display of
African American objects and artifacts and on other appropriate
matters.
(c) Composition and Appointment.--
(1) In general.--The Council shall be composed of 25 voting
members as provided under paragraph (2) and 7 honorary
nonvoting members as provided under paragraph (3).
(2) Voting members.--
(A) In general.--The Council shall include the
following voting members:
(i) The Secretary of the Smithsonian
Institution.
(ii) An Assistant Secretary of the
Smithsonian Institution appointed by the Board
of Regents.
(B) Initial voting members.--The Council shall
initially include the following voting members:
(i) 13 individuals of diverse disciplines
and geographical residence who are committed to
the advancement of knowledge of African
American history and culture appointed as
follows:
(I) 5 individuals shall be
appointed by the President from a list
of nominees provided by the President
pro tempore of the Senate in
consultation with the majority and
minority leaders of the Senate.
(II) 5 individuals shall be
appointed by the President from a list
of nominees provided by the Speaker of
the House of Representatives in
consultation with the majority and
minority leaders of the House of
Representatives.
(III) 3 individuals shall be
appointed by the President.
(ii) 10 individuals appointed as follows:
(I) 5 individuals shall be
appointed by the President from a list
of nominees, provided by the President
pro tempore of the Senate in
consultation with the majority and
minority leaders of the Senate, and
recommended by the Association of
African American Museums, the National
African American Museum and Culture
Complex, historically black colleges
and universities, and cultural or other
organizations committed to the
advancement of knowledge of African
American life, art, history and
culture.
(II) 5 individuals shall be
appointed by the President from a list
of nominees, provided by the Speaker of
the House of Representatives in
consultation with the majority and
minority leaders of the House of
Representatives, and recommended by the
Association of African American
Museums, the National African American
Museum and Culture Complex,
historically black colleges and
universities, and cultural or other
organizations committed to the
advancement of knowledge of African
American life, art, history and
culture.
(C) Subsequent appointments.--A vacancy created
upon the expiration of the term of any member appointed
under subparagraph (B) shall be filled in the manner
provided under subsection (d)(2)(B).
(3) Honorary nonvoting members.--The Council shall include
the following honorary nonvoting members:
(A) The Secretary of the Interior.
(B) 3 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives upon the recommendation of the majority
and minority leaders of the House of Representatives.
(C) 3 Senators appointed by the President pro
tempore of the Senate upon the recommendation of the
majority and minority leaders of the Senate.
(d) Terms.--
(1) In general.--
(A) Initial appointment.--Except as provided in
this subsection, each initial voting member of the
Council appointed under subsection (c)(2)(B) and each
honorary nonvoting member initially appointed under
subsection (c)(3) shall be appointed for a term that
terminates 9 years after the date on which the Museum
first opens to the general public.
(B) Subsequent appointments.--Except as provided in
this subsection, each of the members of the Council
that are appointed to a full term after the members
described in subparagraph (A) shall be appointed for a
term of 6 years.
(C) Reappointment.--Members of the Council may be
reappointed for subsequent terms.
(2) Vacancies.--
(A) In general.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term.
(B) Voting members.--A vacancy among the voting
members on the Council shall be filled with a member
appointed by the President from a list of nominees provided by the
Council.
(C) Members of congress.--If a member appointed to
the Council under subparagraph (B) or (C) of subsection
(c)(3) ceases to hold the office that qualified such
member for appointment, that member shall cease to be a
member of the Council. Any vacancy among such members
shall be filled in the manner in which the original
appointment was made.
(D) Powers of council.--A vacancy on the Council,
including among the honorary non-voting members, shall
not affect the powers of the Council.
(e) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Council shall serve without pay.
(2) Expenses.--Members of the Council shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(f) Chairperson.--The Council shall elect a chairperson by a
majority vote of the voting members of the Council.
(g) Meetings.--
(1) In general.--The Council shall meet at the call of the
chairperson or upon the written request of a majority of the
voting members of the Council, but shall meet, subject to
paragraph (2), not fewer than 2 times each year.
(2) Planning.--During the first year, the Council shall
meet not fewer than 10 times for the purpose of the planning
and design of the Museum.
(h) Quorum.--A majority of the voting members of the Council shall
constitute a quorum for purposes of conducting business, but a lesser
number may receive information on behalf of the Council.
(i) Bylaws.--The Council shall adopt bylaws.
(j) Powers of Members and Agents.--Any member or agent of the
Council may, if authorized by a majority of the voting members of the
Council, take any action that the Council is authorized to take by this
Act.
(k) Voluntary Services.--Notwithstanding section 1342 of title 31,
United States Code, the chairperson of the Council may accept for the
Council voluntary services provided by a member of the Council.
(l) Transfer of Powers and Duties.--
(1) In general.--Except as provided in this subsection, the
Council's powers and duties shall transfer to the Board of
Regents 3 years after the date on which the Museum first opens
to the general public.
(2) Advisory council.--
(A) In general.--3 years after the date on which
the Museum first opens to the general public, the
Council shall become an advisory council (hereafter
referred to in this Act as the ``Advisory Council'').
The Advisory Council shall have the same membership as
the Council had immediately before becoming the
Advisory Council. The terms of the members of the
Council shall continue uninterrupted when such members
become members of the Advisory Council. Subsections (c)
through (f) and (h) through (j) shall apply to the
Advisory Council in the same manner as such subsections
applied to the Council immediately before the Council
becomes the Advisory Council.
(B) Duties of the advisory council.--The Advisory
Council shall advise the Board of Regents on matters
related to the administration, operation, and
maintenance of the Museum.
(C) Meetings.--The Advisory Council shall meet not
fewer than 1 time each year.
(D) Permanent committee.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Advisory Council.
SEC. 5. DIRECTOR AND STAFF OF THE MUSEUM.
(a) In General.--The Council, subject to section 4(l) and in
consultation with the Board of Regents, shall appoint a Director who
shall manage the Museum.
(b) Applicability of Certain Civil Service Laws.--
(1) Appointments.--Subject to section 4(l), the Council may
appoint the Director and any additional personnel to serve
under the Director, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service.
(2) Pay.--Subject to section 4(l), the Council may fix the
pay of the Director at a rate not to exceed the maximum rate of
basic pay payable for level III of the Executive Schedule and
fix the pay of such additional personnel as the Council
considers appropriate.
SEC. 6. OFFICE OF EDUCATION AND LIAISON PROGRAMS.
(a) Office Established.--There is established within the Museum,
the Office of Education and Liaison Programs, which shall carry out
educational programs with respect to the Museum and other programs in
collaboration with other African American museums.
(b) Functions.--The Office of Education and Liaison Programs
shall--
(1) carry out public educational programs within the Museum
relating to African American life, art, history, and culture,
including programs utilizing digital, electronic, and
interactive technologies, and programs in collaboration with
elementary schools, secondary schools, and post-secondary
schools; and
(2) collaborate with African American museums by--
(A) establishing educational grant programs that
strengthen museum operations, improve care of museum
collections, and increase professional development;
(B) providing internship and fellowship programs
that allow individuals pursuing careers or carrying out
studies in the arts, humanities, and sciences to study
African American life, art, history and culture;
(C) providing scholarship programs to assist
individuals who demonstrate a commitment to a career in
African American museum management in financing their
studies; and
(D) collaborating with national and international
organizations that address the issue of slavery in the
international community.
SEC. 7. LOCATION OF THE NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND
CULTURE.
(a) Main Building.--The Council, in consultation with the Board of
Regents, is authorized to plan, design, reconstruct, and renovate the
Arts and Industries Building of the Smithsonian Institution and the
surrounding site to house the Museum. The Council, subject to section
4(l), shall consider expanding, and is authorized to expand, the Arts
and Industries Building horizontally, vertically, and below ground.
(b) Additional Facilities.--
(1) Adjacent facilities.--
(A) In general.--If the Council determines that
facilities in addition to the Arts and Industries
Building of the Smithsonian Institution are needed for
the Museum, the Council, subject to section 4(l) and in
consultation with the Administrator of General Services
and the National Capital Planning Commission, is
authorized to--
(i) identify a site for the additional
facilities;
(ii) acquire real property for the
additional facilities;
(iii) design the additional facilities; and
(iv)(I) construct a building for the
additional facilities; or
(II) reconstruct and renovate a building
for the additional facilities.
(B) Location.--Any additional facilities for the
Museum shall be located, if feasible, on or adjacent to
the National Mall.
(C) Purchase authority.--After consultation with
the Administrator of General Services and the National
Capital Planning Commission, the Council, subject to
section 4(l), may purchase, with the consent of the
owner thereof, any real property on or adjacent to the
National Mall for such additional facilities.
(D) Transfer authority.--For the purpose of
securing additional facilities, any department or
agency of the United States is authorized to transfer
to the Council any interest of such department or
agency in real property located on or adjacent to the
National Mall, and the Council, subject to section 4(l)
and after consultation with the Administrator of
General Services and the National Capital Planning
Commission, may accept any such interest in such
property.
(2) Feasibility study for african burial ground facility.--
Subject to section 4(l) and in consultation with the Director
of the National Park Service and the Administrator of General
Services, the Council shall arrange for a study of the African
Burial Ground National Historic Landmark in New York, New York,
to determine the feasibility and cost of acquiring a site for,
planning, designing, and constructing a significant facility
consisting of a museum and visitors center at or near the site.
(c) Cost-Sharing.--The Council shall pay \1/2\ of the total cost of
carrying out this section from appropriated funds (except with respect
to the study under paragraph (2)(A) for which the Council shall pay 100
percent from funds appropriated under section 10(b)(3)). The Council
shall pay the remainder of such costs from non-Federal sources.
(d) Commemorative Works Act.--Any building to house the Museum,
including any additional facilities for the Museum, is not a
commemorative work for purposes of the Commemorative Works Act (40
U.S.C. 1001 et seq.).
SEC. 8. NATIONAL MALL.
In this Act, the term ``National Mall'' means the National Mall
(United States Government Reservations 3, 4, 5, and 6) in the District
of Columbia.
SEC. 9. AUTHORITY.
Authority under this Act to enter into contracts or to make
payments is effective in any fiscal year only to the extent provided in
advance in an appropriations act, except as provided under section
10(b)(4).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Renovation.--There is authorized to be appropriated such sums
as may be necessary to carry out the activities authorized under
section 7, other than section 7(b)(2)(A).
(b) Operation and Maintenance.--
(1) In general.--There is authorized to be appropriated to
the Council to carry out this Act, other than sections 6 and
7--
(A) $15,000,000 for fiscal year 2002; and
(B) such sums as may be necessary for each
succeeding fiscal year.
(2) Office of education and liaison programs.--There is
authorized to be appropriated to the Council to carry out
section 6, $10,000,000 for fiscal year 2002 and for each
succeeding fiscal year.
(3) African burial ground feasibility study.--There is
authorized to be appropriated $3,000,000 for fiscal year 2002
to carry out section 7(b)(2)(A).
(4) Availability.--The amounts appropriated under this
subsection shall remain available for the operation and
maintenance of the Museum until expended.
SEC. 11. AMENDMENT.
Section 5580 of the Revised Statutes (20 U.S.C. 42) is amended in
subsection (b)(2) by inserting ``the National Museum of African
American History and Culture,'' after ``Performing Arts,''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committee on Transportation and Infrastructure, 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.
Referred to the Committee on House Administration, and in addition to the Committee on Transportation and Infrastructure, 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.
Referred to the Committee on House Administration, and in addition to the Committee on Transportation and Infrastructure, 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.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line