1.This Act may be cited as the
African Burial Ground International
Memorial Museum Act
.
2.
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.
3.
In this Act:
(1)The term Administrator
means
the Administrator of the General Services Administration.
(2)The term
Advisory Council
means the African Burial Ground Advisory
Council established by section 8(a).
(3)The term City
means the city
of New York, New York.
(4)The term Historic
Site
means the African Burial Ground National Historic Site established
by section 4(a).
(5)The term Museum
means the
African Burial Ground International Memorial Museum established by section
5(a).
(6)The term
National Landmark
means the African Burial Ground National
Historic Landmark in New York, New York.
(7)The term Secretary
means the
Secretary of the Interior, acting through the Director of the National Park
Service.
(8)The term State
means the
State of New York.
4.Establishment of
national historic site
(a)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)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.
5.Establishment of
memorial museum
(a)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)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 museumThe
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.
6.
(a)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)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)
(1)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)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).
7.Operation of the
memorial museum
(a)The Secretary, in
consultation with the Advisory Council, shall operate the Museum.
(b)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.
8.
(a)There is established within the Department
of the Interior an advisory council to be known as the African Burial
Ground Advisory Council
.
(b)
(1)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)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)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)
(1)Except as provided in
paragraph (2), each member of the Advisory Council shall be appointed for a
term of 3 years.
(2)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)
(A)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)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)
(A)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)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)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)
(1)Except as provided in
paragraph (2), a member of the Advisory Council shall serve without
compensation.
(2)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)
(1)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)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)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.
9.
(a)
(1)The Secretary shall
appoint a Director for the Museum, taking into consideration recommendations by
the Advisory Council.
(2)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)
(1)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)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.
10.Authorization of
appropriations
(a)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 siteThere are
authorized to be appropriated such sums as are necessary to carry out section
6.
(c)Amounts made available under subsections
(a) and (b) shall remain available, without fiscal year limitation, until
expended.
(d)Use of funds
for fund-raisingAmounts made
available under this section may be used to raise funds from private sources to
support and promote the Museum.