[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 762 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 762

       To establish the North American Slavery Memorial Council.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2001

Mr. Stearns  (for himself, Mr. Meeks of New York, Mr. McGovern, and Mr. 
Davis of Illinois) introduced the following bill; which was referred to 
                       the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
       To establish the North American Slavery Memorial Council.

    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 ``North American Slavery Memorial 
Council Act''.

SEC. 2. ESTABLISHMENT.

    There is established the North American Slavery Memorial Council 
(in this Act referred to as the ``Council'').

SEC. 3. DUTIES.

    The duties of the Council shall be to--
            (1) establish an architectural design for a national 
        memorial and museum to slavery in North America appropriate to 
        honor the memory of victims of slavery (in this Act referred to 
        as the ``Memorial and Museum'');
            (2) establish a single site within the District of Columbia 
        suitable for the construction and operation of the Memorial and 
        Museum;
            (3) construct the Memorial and Museum; and
            (4) operate the Memorial and Museum.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--The Council shall be composed of the 
following members:
            (1) Voting members.--65 voting members, who shall be 
        appointed--
                    (A) 15 by the President of the United States;
                    (B) 25 by the Speaker of the House of 
                Representatives, appointed from among members of the 
                House of Representatives; and
                    (C) 25 by the President pro tempore of the Senate, 
                on the recommendation of the majority and minority 
                leaders of the Senate, from among members of the 
                Senate.
            (2) Nonvoting members.--3 ex officio nonvoting members, who 
        shall be appointed--
                    (A) 1 by the Secretary of the Interior;
                    (B) 1 by the Secretary of State; and
                    (C) 1 by the Secretary of Education.
    (b) Continuation of Membership.--If a member was appointed to the 
Council as a Member of Congress and the member ceases to be a Member of 
Congress, that member may continue as a member for not longer than the 
60-day period beginning on the date that member ceases to be a Member 
of Congress.
    (c) Term.--Each member shall be appointed for a term of 5 years, 
except that the terms of the 5 members of the House of Representatives 
and the 5 members of the Senate appointed during a Congress shall 
expire at the end of that Congress.
    (d) Vacancies.--
            (1) A vacancy in the Council shall be filled in the manner 
        in which the original appointment was made.
            (2) A 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.
            (3) A member, except the 5 members of the House of 
        Representatives and the 5 members of the Senate, may serve 
        after the expiration of a term until a successor takes office.
    (e) Basic Pay.--
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members shall each be paid at the daily equivalent of the 
        maximum annual rate of basic pay payable under section 5376 of 
        title 5 for each day (including travel time) during which they 
        are engaged in the actual performance of duties vested in the 
        Council.
            (2) Prohibition of compensation of federal employees.--
        Members of the Council who are full-time officers or employees 
        of the United States or Members of Congress may not receive 
        additional pay, allowances, or benefits by reason of their 
        service on the Council.
    (f) Travel Expenses.--Each member shall receive travel expenses, 
including per diem in lieu of subsistence, in accordance with sections 
5702 and 5703 of title 5, United States Code.
    (g) Quorum.-- One-third of the voting members of the Council shall 
constitute a quorum but a lesser number may hold hearings.
    (h) Chairperson; Vice Chairperson.--The Chairperson and Vice 
Chairperson of the Council shall be appointed by the President of the 
United States from among the members of the Council. The term of office 
of the Chairperson and Vice Chairperson shall be 5 years. A vacancy in 
the office of the Chairperson or Vice Chairperson shall be filled in 
the manner in which the original appointment was made.
    (i) Meetings.--The Council shall meet not less frequently than 
monthly.

SEC. 5. DIRECTOR AND STAFF.

    (a) Director.--The Council shall have a Director who shall be 
appointed by the Chairperson. The Director shall be paid at a rate not 
to exceed the maximum rate of basic pay payable under section 5376 of 
title 5, United States Code. The Director shall serve at the pleasure 
of the Council.
    (b) Staff.--With the approval of the Council, the Director may 
appoint and fix the pay of additional personnel as the Director 
considers appropriate.
    (c) Experts and Consultants.--With the approval of the Council, the 
Director may procure temporary and intermittent services under section 
3109(b) of title 5, United States Code, but at rates for individuals 
not to exceed the daily equivalent of the maximum annual rate of basic 
pay payable under section 5376 of title 5, United States Code.
    (d) Staff of Federal Agencies.--Upon request of the Council, the 
head of any Federal department or agency may detail, on a reimbursable 
basis, any of the personnel of that department or agency to the Council 
to assist it in carrying out its duties under this Act.

SEC. 6. POWERS.

    (a) Hearings and Sessions.--The Council may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Council considers 
appropriate.
    (b) Powers of Members and Agents.--Any member or agent of the 
Council may, if authorized by the Council, take any action which the 
Council is authorized to take by this section.
    (c) Gifts, Bequests, and Devises.--The Council may accept, use, and 
dispose of gifts, bequests, or devises of services or property, both 
real and personal, for the purpose of aiding or facilitating the work 
of the Council. Gifts, bequests, or devises of money and proceeds from 
sales of other property received as gifts, bequests, or devises shall 
be deposited in the Treasury and shall be available for disbursement 
upon order of the Council. For purposes of Federal income, estate, and 
gift taxes, property accepted under this subsection shall be considered 
as a gift, bequest, or devise to the United States.
    (d) Mails.--The Council may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the United States.
    (e) Administrative Support Services.--Upon the request of the 
Council, the Administrator of General Services shall provide to the 
Council, on a reimbursable basis, the administrative support services 
necessary for the Council to carry out its responsibilities under this 
Act.

SEC. 7. MEMORIAL AND MUSEUM.

    (a) Architectural Design.--The Council shall determine the 
architectural design of the Memorial and Museum subject to the approval 
of the Secretary of the Interior, in consultation with the Commission 
of Fine Arts and the National Capital Planning Commission.
    (b) Acquisition of Real Property in District of Columbia.--The 
Council may, for the purpose of establishing a single site for the 
Memorial and Museum and with the approval of the Secretary of the 
Interior in consultation with the Commission of Fine Arts and the 
National Capital Planning Commission, acquire real property in the 
District of Columbia by one or more of the following procedures:
            (1) Notwithstanding any other provision of law (including 
        the Federal Property and Administrative Services Act of 1949 
        (40 U.S.C. et seq.)), any department, agency, or 
        instrumentality of the United States Government may transfer to 
        the Council any real property in the District of Columbia that 
        is under the administrative jurisdiction of the department, 
        agency, or instrumentality and that the Council considers 
        suitable for the Memorial and Museum.
            (2) The Council may purchase, with the consent of the 
        owner, any real property within the District of Columbia that 
        the Council considers suitable for the Memorial and Museum.
    (c) Construction.--The Council shall construct the Memorial and 
Museum on the site established under subsection (b) in accordance with 
the architectural design determined under subsection (a).
    (d) Operation.--In operating the Memorial and Museum, the Council 
shall--
            (1) adopt bylaws;
            (2) establish annual budgets;
            (3) subject to the availability of funds and the provisions 
        of annual budgets, purchase, accept, borrow, or otherwise 
        acquire artifacts and other property for addition to the 
        collections of the Memorial and Museum;
            (4) establish policy with respect to the utilization of the 
        collections of the Memorial and Museum;
            (5) establish policy with respect to educational programs, 
        exhibitions, and research projects relating to slavery in North 
        America;
            (6) establish programs in cooperation with institutions 
        including other museums, historical societies, educational 
        institutions, cultural organizations, and other organizations 
        for the education and promotion of understanding regarding 
        slavery in North America; and
            (7) support the efforts of such institutions to educate and 
        promote the understanding regarding slavery in North America.
    (e) Insurance.--The Council shall maintain insurance on the 
Memorial and Museum covering the risks, in the amounts, and containing 
the terms the Council considers necessary.

SEC. 8. AUDITS.

    When requested by the Congress, the Comptroller General shall audit 
the financial transactions of the Council, including those involving 
donated funds, under generally accepted auditing standards. The Council 
shall make available for an audit under this section all records, 
items, or property used by the Council that are necessary for the 
audit.

SEC. 9. ANNUAL REPORT.

    Each year, the Council shall submit to the Congress a report on the 
activities of the Council, including an accounting of all financial 
transactions involving donated funds.

SEC. 10. APPLICABILITY OF COMMEMORATIVE WORKS ACT.

    The Memorial and Museum is not a commemorative work within the 
meaning of the Commemorative Works Act (40 U.S.C. 1001 et seq.).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out this Act.
    (b) Use of Amounts for Construction or Operation.--Amounts 
appropriated to the Council--
            (1) may not be used for construction of the Memorial and 
        Museum; and
            (2) may be used for operation of the Memorial and Museum 
        only if amounts received under section 6(c) that are equal to 
        or greater than such appropriated amounts are also so used.
    (c) Prior Authority Required.--Any spending authority (as defined 
in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional 
Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) contained in this 
Act shall be effective only to such extent and in such amounts as are 
provided in appropriation Acts.
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