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<PRE>[DOCID: f:s829is.txt]






107th CONGRESS
  1st Session
                                 S. 829

   To establish the National Museum of African American History and 
              Culture within the Smithsonian Institution.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 3, 2001

 Mr. Brownback (for himself, Mr. Cleland, Mr. Santorum, Mr. Lott, Mrs. 
 Clinton, Mr. Reid, Mr. Dodd, Mr. Miller, and Mr. Edwards) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Rules and Administration

_______________________________________________________________________

                                 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) Over 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) The National Museum of African American History and 
        Culture 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.
            (13) The National Museum of African American History and 
        Culture established by this Act 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.
            (14) 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 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 diaspora;
            (4) the establishment of programs in cooperation with other 
        museums, historical societies, educational institutions, and 
        other organizations that promote the understanding of 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 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 Nation.

SEC. 4. COUNCIL.

    (a) Establishment.--There is established in the Smithsonian 
Institu
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tion the National Museum of African American History and Culture 
Council (hereinafter 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.--The Council shall include the 
        following voting members:
                    (A) The Secretary of the Smithsonian Institution.
                    (B) An Assistant Secretary of the Smithsonian 
                Institution appointed by the Board of Regents.
                    (C) 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.
                    (D) 10 individuals appointed as follows:
                            (i) 4 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) 4 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.
                            (iii) 2 individuals shall be appointed by 
                        the President.
            (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 member of the Council shall be 
                appointed for a term that terminates 9 years after the 
                date on which the museum is open to the general public.
                    (B) Subsequent appointments.--Except as provided in 
                this subsection, each of the members of the Council 
                that are appointed after the members described in 
                paragraph (1) shall be appointed for a term of 6 years.
                    (C) Reappointment.--Members of the Council may be 
                reappointed for subsequent terms.
            (2) 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 me
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mber of the 
        Council.
            (3) Vacancies and subsequent appointments.--A vacancy on 
        the Council, including among the honorary non-voting members, 
        shall not affect the Council's powers and shall be filled in 
        the manner in which the original appointment was made, except 
        that when filling any vacancies among the voting members and 
        when making any appointments for voting members after the 
        initial appointments, the President shall make appointments 
        from a list of nominees provided by the Council. Any member 
        appointed to fill a vacancy occasioned by death or resignation 
        shall be appointed for the remainder of the term.
    (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 is open to 
        the general public.
            (2) Advisory council.--
                    (A) In general.--3 years after the date on which 
                the Museum is open to the general public, the Council 
                shall become an advisory council (hereafter referred to 
                in this Act as 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, 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.--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.--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 of the Smithsonian Institution 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 shall consider expanding, and is authorized to expand, the 
Arts and Industries Building horizontally, vertically, and below 
ground.
    (b) Additional Facilities.--
            (1) 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, 
        in consultation with the General Services Administration and 
        the National Capital Planning Commission is authorized to--
                    (A) identify a site for the additional facilities;
                    (B) acquire real property for the additional 
                facilities;
                    (C) design the additional facilities; and
                    (D)(i) construct a building for the additional 
                facilities; or
                    (ii) reconstruct and renovate a building for the 
                additional facilities.
            (2) Location.--Any additional facilities for the Museum 
        shall be located, if feasible, on or adjacent to the National 
        Mall.
            (3) Purchase authority.--After consultation with the 
        General Services Administration and the National Capital 
        Planning Commission, the Council may purchase, with the consent 
        of the owner thereof, any real property on or adjacent to the 
        National Mall for such additional facilities.
            (4) 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, after 
        consulta
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tion with the General Services Administration and the 
        National Capital Planning Commission, may accept any such 
        interest in such property.
    (c) Cost-Sharing.--The Council shall pay \1/3\ of the total cost of 
carrying out this section from appropriated funds. The Council shall 
pay the remainder of such costs from non-Federal sources. The Council 
shall have 5 years following the date of the Council's first meeting to 
secure the non-Federal funds required under this subsection.
    (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)(3).

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.
    (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) Availability.--The amounts appropriated under 
        paragraphs (1) and (2) 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,''.
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