Collapse to view only § 80r-1. Definitions
- § 80r. Findings
- § 80r-1. Definitions
- § 80r-2. Establishment of Museum
- § 80r-3. Council
- § 80r-4. Director and staff of the Museum
- § 80r-5. Educational and liaison programs
- § 80r-6. Building for the National Museum of African American History and Culture
- § 80r-7. Congressional Budget Act compliance
- § 80r-8. Consideration of recommendations of Presidential Commission
- § 80r-9. Authorization of appropriations
§ 80r. FindingsCongress 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.
(Pub. L. 108–184, § 2, Dec. 16, 2003, 117 Stat. 2676.)
§ 80r–1. Definitions
In this subchapter:
(1) Board of Regents
(2) Council
(3) Museum
(4) Secretary
(Pub. L. 108–184, § 3, Dec. 16, 2003, 117 Stat. 2676.)
§ 80r–2. Establishment of Museum
(a) Establishment
(b) PurposeThe 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.
(Pub. L. 108–184, § 4, Dec. 16, 2003, 117 Stat. 2677.)
§ 80r–3. Council
(a) Establishment
(b) Duties
(1) In generalThe 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 responsibilitiesThe 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 responsibilitiesThe 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
(2) Voting membersThe 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
(d) Terms
(1) In general
(2) Initial appointeesAs 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
(4) Vacancies
(A) In generalA 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
(e) Compensation
(1) In general
(2) Travel expenses
(f) Chairperson
(g) Meetings
(1) In general
(2) Initial meetings
(h) Quorum
(Pub. L. 108–184, § 5, Dec. 16, 2003, 117 Stat. 2677.)
§ 80r–4. Director and staff of the Museum
(a) Director
(1) In general
(2) Duties
(b) Staff
(c) Pay
(Pub. L. 108–184, § 6, Dec. 16, 2003, 117 Stat. 2679.)
§ 80r–5. Educational and liaison programs
(a) In general
(1) Programs authorized
(2) Specific activities describedIn 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 generalIn 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 appropriationsThere 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.
(Pub. L. 108–184, § 7, Dec. 16, 2003, 117 Stat. 2679.)
§ 80r–6. Building for the National Museum of African American History and Culture
(a) In general
(1) Location
(A) In general
(B) Sites for considerationIn 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
(ii) Transfer to Smithsonian Institution
(D) ConsultationThe 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 80r–8 of this title.
(iv) The Chair of the Building and Site Subcommittee of the Presidential Commission referred to in section 80r–8 of this title.
(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
(3) Nonapplicability of provisions relating to monuments and commemorative works
(b) Cost sharingThe 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
(Pub. L. 108–184, § 8, Dec. 16, 2003, 117 Stat. 2680.)
§ 80r–7. Congressional Budget Act compliance
Authority under this subchapter 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 80r–9(b) of this title.
(Pub. L. 108–184, § 9, Dec. 16, 2003, 117 Stat. 2682.)
§ 80r–8. Consideration of recommendations of Presidential Commission
In carrying out their duties under this subchapter, 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).
(Pub. L. 108–184, § 10, Dec. 16, 2003, 117 Stat. 2682.)
§ 80r–9. Authorization of appropriations
(a) In general
There are authorized to be appropriated to the Smithsonian Institution to carry out this subchapter, other than sections 80r–5(b) and 80r–6 of this title—
(1) $17,000,000 for fiscal year 2004; and
(2) such sums as are necessary for each fiscal year thereafter.
(b) Availability
(c) Use of funds for fundraising
(Pub. L. 108–184, § 11, Dec. 16, 2003, 117 Stat. 2682.)