[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 970 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 970

 To establish the African Burial Ground National Historic Site and the 
 African Burial Ground International Memorial Museum in New York, New 
                     York, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2005

 Mrs. Clinton introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To establish the African Burial Ground National Historic Site and the 
 African Burial Ground International Memorial Museum in New York, New 
                     York, and for other purposes.

    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 ``African Burial Ground International 
Memorial Museum Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the African Burial Ground National Historic Landmark in 
        New York, New York, holds the remains of up to 20,000 enslaved 
        Africans and early-generation African Americans from the 
        colonial era;
            (2) the Africans and African Americans that suffered under 
        slavery show us the strength of the human character and provide 
        us with a model of courage, commitment, and perseverance;
            (3) as President George W. Bush stated on July 8, 2003, 
        during his remarks at Goree Island, Senegal: ``For 250 years 
        the captives endured an assault on their culture and their 
        dignity. The spirit of Africans in America did not break ... 
        All the generations of oppression under the laws of man could 
        not crush the hope of freedom and defeat the purposes of 
        God.'';
            (4) a national memorial museum dedicated to the African 
        Americans that suffered the grave injustice of slavery in this 
        country, while at the same time helping to build the country, 
        will allow the people of the United States to understand the 
        past and honor the history of all people in the United States;
            (5) in 1988, the Secretary of the Smithsonian Institution--
                    (A) stated that the African Burial Ground affords 
                the perfect opportunity to gain insight into--
                            (i) the institution of slavery, as 
                        practiced in urban, rural, northern, and 
                        southern parts of the United States; and
                            (ii) the international slave trade; and
                    (B) proposed that a partnership be formed among the 
                Smithsonian, the National Park Service, and the General 
                Services Administration to further develop the African 
                Burial Ground;
            (6) the National Museum of African American History and 
        Culture Act (20 U.S.C. 80r et seq.), which authorized 
        construction of a museum in Washington, D.C., identified the 
        period of slavery as 1 of the periods of the African American 
        diaspora that would be encompassed by the museum;
            (7) the African Burial Ground--
                    (A) is unlike any other anthropological and 
                symbolic site in the United States or the world;
                    (B) includes DNA samples from the remarkably well-
                preserved human remains that will enable researchers to 
                trace the home ``roots'' in Africa of those individuals 
                buried at the African Burial Ground;
                    (C) provides a fitting location for a national 
                memorial facility, relating to the National Museum of 
                African American History and Culture that would--
                            (i) pay special tribute to the thousands of 
                        slaves that are buried at the African Burial 
                        Ground;
                            (ii) examine the African cultural 
                        traditions brought to the United States by the 
                        enslaved; and
                            (iii) explore in-depth the institution of 
                        slavery;
            (8) a memorial museum at the site of the African Burial 
        Ground--
                    (A) was first recommended by a Federal steering 
                committee in 1992; and
                    (B) in conjunction with the planned World Trade 
                Center memorial and other nearby sites, would attract 
                millions of visitors from the United States and abroad, 
                making a substantial contribution to the development 
                and revitalization of Lower Manhattan in response to 
                the attacks on the World Trade Center of September 11, 
                2001;
            (9) Public Law 99-511 (100 Stat. 2080) encouraged support 
        for the establishment of a commemorative structure within the 
        National Park System or on other Federal land that is dedicated 
        to the promotion of understanding, knowledge, opportunity, and 
        equality for all people;
            (10) the African Burial Ground--
                    (A) has been determined to be nationally 
                significant as a National Historic Landmark; and
                    (B) provides an important opportunity for 
                interpretation, understanding, partnership and pride; 
                and
            (11) the National Park Service--
                    (A) has played an important role in the development 
                of the African Burial Ground site;
                    (B) successfully operates other national facilities 
                in the city of New York that symbolize freedom and the 
                quest for freedom in America, including--
                            (i) the Statue of Liberty National 
                        Monument; and
                            (ii) Ellis Island National Monument;
                    (C) provided key support to the Presidential Study 
                Commission for the National Museum of African American 
                History and Culture; and
                    (D) is well-suited to assume a leadership role with 
                respect to the creation of an African Burial Ground 
                International Memorial Museum.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the General Services Administration.
            (2) Advisory council.--The term ``Advisory Council'' means 
        the African Burial Ground Advisory Council established by 
        section 8(a).
            (3) City.--The term ``City'' means the city of New York, 
        New York.
            (4) Historic site.--The term ``Historic Site'' means the 
        African Burial Ground National Historic Site established by 
        section 4(a).
            (5) Museum.--The term ``Museum'' means the African Burial 
        Ground International Memorial Museum established by section 
        5(a).
            (6) National landmark.--The term ``National Landmark'' 
        means the African Burial Ground National Historic Landmark in 
        New York, New York.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the National 
        Park Service.
            (8) State.--The term ``State'' means the State of New York.

SEC. 4. ESTABLISHMENT OF NATIONAL HISTORIC SITE.

    (a) Establishment.--In accordance with the Act of August 25, 1916 
(commonly known as the ``National Park Service Organic Act'') (16 
U.S.C. 1 et seq.), there is established as a unit of the National Park 
System within the National Landmark the African Burial Ground National 
Historic Site.
    (b) Boundaries.--The National Historic Site shall include--
            (1) the property located at 290 Broadway, New York, New 
        York, which is under the jurisdiction of the Administrator; and
            (2) any property adjoining the property described in 
        paragraph (1) or within the National Landmark that is acquired 
        by the Secretary under section 6.

SEC. 5. ESTABLISHMENT OF MEMORIAL MUSEUM.

    (a) Establishment.--There is established at the Historic Site a 
memorial museum and visitor's center, to be known as the ``African 
Burial Ground International Memorial Museum''.
    (b) Purposes.--The purposes of the Museum are--
            (1) to serve as a permanent living memorial--
                    (A) to the enslaved that are buried at the Historic 
                Site; and
                    (B) other African Americans that were enslaved;
            (2) to examine the African cultural traditions brought to 
        the United States by the enslaved;
            (3) to explore in-depth the institution of slavery in the 
        United States and other parts of the world; and
            (4) to provide a space for--
                    (A) permanent and temporary exhibits; and
                    (B) the collection and study of artifacts and 
                documents; and
            (5) to encourage collaboration between the Museum and the 
        National Museum of African American History and Culture, other 
        museums, historically black colleges and universities, 
        historical societies, educational institutions, and other 
        appropriate entities and organizations, including collaboration 
        with respect to--
                    (A) the development of cooperative programs and 
                exhibitions, including through digital, electronic, and 
                interactive technologies;
                    (B) the identification, management, and care of 
                Museum collections; and
                    (C) the training of Museum and National Park 
                Service professionals and other persons concerned with 
                heritage preservation.
    (c) Association With National Museum.--The Museum shall become 
associated with the National Museum of African American History and 
Culture, in a manner to be determined by the Secretary, in consultation 
with the Advisory Council and the Board of Regents of the Smithsonian 
Institution.

SEC. 6. SITE ACQUISITION.

    (a) In General.--The Secretary, in consultation with the 
Administrator, the Secretary of the Smithsonian Institution, the City, 
the State, and the Advisory Council, shall--
            (1) acquire a site for the Historic Site; and
            (2) plan, design, and construct the Museum at the Historic 
        Site.
    (b) Federal Share.--The Secretary shall pay \2/3\ of the total 
costs of--
            (1) acquiring a site for the Historic Site; and
            (2) planning, designing, constructing, reconstructing, and 
        renovating, as applicable, the Museum.
    (c) Contracting Authority.--
            (1) In general.--The Secretary and the Administrator may 
        enter into any agreements with each other, the City, the State, 
        and other parties that are necessary for acquisition, by 
        donation or other means, of sites for--
                    (A) establishing the Historic Site; and
                    (B) planning, designing, constructing, 
                reconstructing, and renovating, as applicable, the 
                Museum.
            (2) Site acquisition.--Sites for the Historic Site and 
        Museum may be acquired by--
                    (A) the Administrator transferring to the Secretary 
                the open space located behind the Federal office 
                building at 290 Broadway, and bounded by Duane and Elk 
                Streets, in the City; and
                    (B) purchase or long-term lease by the Secretary of 
                property located in close proximity to the open space 
                described in subparagraph (1).

SEC. 7. OPERATION OF THE MEMORIAL MUSEUM.

    (a) In General.--The Secretary, in consultation with the Advisory 
Council, shall operate the Museum.
    (b) Authorities.--The Secretary, in consultation with the Advisory 
Council, may--
            (1) purchase, accept, borrow, and otherwise acquire 
        artifacts for the collections of the Museum;
            (2) loan, exchange, sell, and otherwise dispose of any part 
        of the collections of the Museum, if the proceeds of the 
        disposition are used for additions to the collections of the 
        Museum;
            (3) specify criteria with respect to the use of the 
        collections and resources of the Museum, including policies on 
        programming, education, exhibitions, and research;
            (4) provide for preservation, restoration, and maintenance 
        of the collections of the Museum;
            (5) solicit, accept, use, and dispose of gifts, bequests, 
        and devises of real and personal property for the purpose of 
        facilitating the work of the Museum;
            (6) contract with such parties as may be necessary to 
        facilitate the operation of the Museum;
            (7) administer the Historic Site and Museum as a unit of 
        the National Park System in accordance with--
                    (A) this Act; and
                    (B) the laws generally applicable to units of the 
                National Park System, including the Act of August 25, 
                1916 (commonly known as the ``National Park Service 
                Organic Act'') (16 U.S.C. 1 et seq.); and
            (8) conduct any other activities that are necessary to 
        carry out the purposes of this Act.

SEC. 8. ADVISORY COUNCIL.

    (a) Establishment.--There is established within the Department of 
the Interior an advisory council to be known as the ``African Burial 
Ground Advisory Council''.
    (b) Membership.--
            (1) Composition.--The Advisory Council shall be composed of 
        the following members or their designees:
                    (A) The Secretary, who shall serve as Chairperson 
                of the Advisory Council.
                    (B) The Director of the National Park Service.
                    (C) The Secretary of the Smithsonian Institution.
                    (D) The Administrator.
                    (E) The Governor of the State.
                    (F) The Mayor of the City.
                    (G) The President of the Borough of Manhattan.
                    (H) 14 members, to be appointed by the Secretary, 
                taking into consideration--
                            (i) recommendations from organizations and 
                        entities that are committed to the legacy of 
                        the African Burial Ground; and
                            (ii) recommendations from the members of 
                        the Advisory Council.
            (2) Nonvoting members.--The Secretary may appoint as 
        nonvoting members of the Advisory Council--
                    (A) members of the United States Senate;
                    (B) members of the House of Representatives;
                    (C) officials representing the City;
                    (D) officials representing the State; and
                    (E) any other individuals that the Secretary, in 
                consultation with the members of the Advisory Council, 
                determines to be appropriate.
            (3) Date of appointments.--The initial appointment of a 
        member under paragraph (1) shall be made not later than 180 
        days after the date of enactment of this Act.
    (c) Terms.--
            (1) In general.--Except as provided in paragraph (2), each 
        member of the Advisory Council shall be appointed for a term of 
        3 years.
            (2) Initial appointees.--Of the members first appointed 
        under subsection (b)(1)(H)--
                    (A) 5 members shall be appointed for a term of 1 
                year;
                    (B) 5 members shall be appointed for a term of 2 
                years; and
                    (C) 4 members shall be appointed for a terms of 3 
                years.
            (3) Reappointment.--
                    (A) In general.--A member of the Advisory Council 
                may be reappointed, except that no individual may serve 
                on the Advisory Council for a total of more than 2 
                terms.
                    (B) Vacancy appointments.--For purposes of 
                subparagraph (A), the number of terms an individual 
                serves on the Advisory 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 Advisory 
                Council--
                            (i) shall not affect the powers of the 
                        Advisory Council; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
                    (B) Term.--Any member of the Advisory 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.
    (d) Duties.--The Advisory Council shall--
            (1) make recommendations to the Secretary on the planning, 
        design, and construction of the Museum;
            (2) advise and assist the Secretary on all matters relating 
        to the administration, operation, maintenance, and preservation 
        of the Museum;
            (3) provide significant opportunities for public input with 
        respect to carrying out the duties under paragraphs (1) and 
        (2); and
            (4) adopt bylaws for the operation of the Advisory Council.
    (e) Compensation.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the Advisory Council shall serve without 
        compensation.
            (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 Advisory 
        Council.
    (f) Meetings.--
            (1) In general.--The Advisory Council shall meet at the 
        call of the chairperson or on the written request of a majority 
        of the members of the Advisory Council, but not fewer than 2 
        times each year.
            (2) Initial meetings.--During the 1-year period beginning 
        on the date of the first meeting of the Advisory Council, the 
        Advisory Council shall meet not fewer than 4 times for the 
        purpose of carrying out the duties of the Advisory Council.
    (g) Quorum.--A majority of the members of the Advisory Council 
shall constitute a quorum for the purpose of conducting business, but a 
lesser number may receive information on behalf of the Advisory 
Council.

SEC. 9. DIRECTOR AND STAFF.

    (a) Director.--
            (1) In general.--The Secretary shall appoint a Director for 
        the Museum, taking into consideration recommendations by the 
        Advisory Council.
            (2) Duties.--The Director of the Museum shall manage the 
        Museum, in accordance with any policies established by the 
        Secretary, in consultation with the Advisory Council.
    (b) Staff.--
            (1) Appointment.--The Secretary may, without regard to the 
        civil service laws, appoint 2 employees to assist the Director 
        of the Museum in carrying out the duties of the Director.
            (2) Compensation.--The employees appointed 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.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Except as provided in subsection (b), there are 
authorized to be appropriated to the Secretary to carry out this Act--
            (1) $15,000,000 for fiscal year 2006; and
            (2) such sums as are necessary for each fiscal year 
        thereafter.
    (b) Acquisition of Museum Site.--There are authorized to be 
appropriated such sums as are necessary to carry out section 6.
    (c) Availability.--Amounts made available under subsections (a) and 
(b) shall remain available, without fiscal year limitation, until 
expended.
    (d) Use of Funds for Fund-raising.--Amounts made available under 
this section may be used to raise funds from private sources to support 
and promote the Museum.
                                 <all>