1.This Act may be cited as the
African Burial Ground International
Memorial Museum and Educational Center 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)on February 27, 2006, President George W.
Bush established the National Monument, which was comprised of the
approximately 15,000-square foot parcel of the National Historic Landmark that
was bounded by Duane and Elk Streets in Lower Manhattan;
(5)an international memorial museum facility
dedicated to those individuals who suffered the grave injustice of slavery in
the United States, while at the same time helping to build the country,
would—
(A)reflect the significance of the African
Burial Ground; and
(B)help the people of the United States
understand the past and honor the history of all people in the United
States;
(6)in 1998, 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;
(7)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, DC, identified the period of slavery as 1 of the
periods of the African-American diaspora that would be encompassed by the
museum;
(8)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; and
(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—
(I)the thousands of enslaved individuals who
are buried at the African Burial Ground; and
(II)all of the individuals who were enslaved
during the history of the United States;
(ii)examine the African cultural traditions
brought to the United States by the enslaved; and
(iii)explore in-depth the institution of
slavery;
(9)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;
(10)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;
(11)similar to the National Museum of the
Native American that was established by section 3(a) of the National Museum of
the American Indian Act (20 U.S.C. 80q–1(a)), a memorial museum at the site of
the African Burial Ground would benefit from a partnership among—
(A)the Federal Government;
(B)the State of New York;
(C)the city of New York; and
(D)members of the private sector;
(12)the African Burial Ground—
(A)has been determined to be nationally
significant as—
(i)a National Historic Landmark; and
(ii)a National Monument; and
(B)provides an important opportunity for
interpretation, understanding, partnership and pride; and
(13)the National Park Service—
(A)has played an important role in the
development of the African Burial Ground (including the designation of the
African Burial Ground as a National Monument);
(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 the 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
7(a).
(3)The term City means the city
of New York, New York.
(4)The term expansion property
means the property that is acquired by the Secretary under section 5(a).
(5)The term Museum means the
African Burial Ground International Memorial Museum and Educational Center
established by section 4(a).
(6)The term National Landmark
means the African Burial Ground National Historic Landmark in the City.
(7)The term National Monument
means the African Burial Ground National Monument in the City.
(8)The term Secretary means the
Secretary of the Interior, acting through the Director of the National Park
Service.
(9)The term State means the State
of New York.
4.
(a)There is established at the National
Monument a memorial museum and educational center, to be known as the
African Burial Ground International Memorial Museum and Educational
Center
.
(b)The purposes of the Museum are—
(1)to serve as a permanent living
memorial—
(A)to the enslaved who are buried at the
African Burial Ground; and
(B)to other Africans and African-Americans who
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;
(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.
5.Site acquisition and development
(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 for the Museum property that is
located—
(A)adjacent to the National Monument;
or
(B)in any other area of the National Landmark
other than the location described in subparagraph (A); and
(2)plan, design, and construct the Museum on
the property acquired under paragraph (1).
(b)The Secretary shall pay
2/3 of the total costs of—
(1)acquiring property for the Museum;
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 the acquisition, by donation or other means, of
property for—
(A)establishing the Museum; and
(B)planning, designing, constructing,
reconstructing, and renovating, as applicable, the Museum.
(2)The Secretary may acquire property under
subsection (a)(1) by purchase, long-term lease, or any other appropriate means
of acquisition, as determined by the Secretary.
(d)Expansion of National
MonumentThe expansion
property is incorporated in, and shall be managed as part of, the National
Monument.
6.
(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 National Monument 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.
7.
(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)Fourteen 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 term 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.
8.
(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.
9.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 2008;
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 5.
(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.