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106TH CONGRESS

1ST SESSION H. R. 2288

To establish the North American Slavery Memorial Council.

IN THE HOUSE OF REPRESENTATIVES

JUNE 18, 1999

Mr. STEARNS (for himself and Mr. LEWIS of Georgia) introduced the following

bill; which was referred to the Committee on Resources

A BILL

To establish the North American Slavery Memorial Council.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘North American Slav5 ery Memorial Council Act’’.

6 SEC. 2. ESTABLISHMENT.

7 There is established the North American Slavery Me8 morial Council (in this Act referred to as the ‘‘Council’’).

9 SEC. 3. DUTIES.

10 The duties of the Council shall be to—

11 (1) establish an architectural design for a na12 tional memorial and museum to slavery in North
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1 America appropriate to honor the memory of victims

2 of slavery (in this Act referred to as the ‘‘Memorial

3 and Museum’’);

4 (2) establish a single site within the District of

5 Columbia suitable for the construction and operation

6 of the Memorial and Museum;

7 (3) construct the Memorial and Museum; and

8 (4) operate the Memorial and Museum.

9 SEC. 4. MEMBERSHIP.

10 (a) NUMBER AND APPOINTMENT.—The Council shall

11 be composed of the following members:

12 (1) VOTING MEMBERS.—65 voting members,

13 who shall be appointed—

14 (A) 55 by the President of the United

15 States;

16 (B) 5 by the Speaker of the House of Rep17 resentatives, appointed from among members of

18 the House of Representatives; and

19 (C) 5 by the President pro tempore of the

20 Senate, on the recommendation of the majority

21 and minority leaders of the Senate, from among

22 members of the Senate.

23 (2) NONVOTING MEMBERS.—3 ex officio non24 voting members, who shall be appointed—

25 (A) 1 by the Secretary of the Interior;
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1 (B) 1 by the Secretary of State; and

2 (C) 1 by the Secretary of Education.

3 (b) CONTINUATION OF MEMBERSHIP.—If a member

4 was appointed to the Council as a Member of Congress

5 and the member ceases to be a Member of Congress, that

6 member may continue as a member for not longer than

7 the 60-day period beginning on the date that member

8 ceases to be a Member of Congress.

9 (c) TERM.—Each member shall be appointed for a

10 term of 5 years, except that the terms of the 5 members

11 of the House of Representatives and the 5 members of

12 the Senate appointed during a Congress shall expire at

13 the end of that Congress.

14 (d) VACANCIES.—

15 (1) A vacancy in the Council shall be filled in

16 the manner in which the original appointment was

17 made.

18 (2) A member appointed to fill a vacancy occur19 ring before the expiration of the term for which the

20 member’s predecessor was appointed shall be ap21 pointed only for the remainder of that term.

22 (3) A member, except the 5 members of the

23 House of Representatives and the 5 members of the

24 Senate, may serve after the expiration of a term

25 until a successor takes office.
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1 (e) BASIC PAY.—

2 (1) RATES OF PAY.—Except as provided in

3 paragraph (2), members shall each be paid at the

4 daily equivalent of the maximum annual rate of

5 basic pay payable under section 5376 of title 5 for

6 each day (including travel time) during which they

7 are engaged in the actual performance of duties

8 vested in the Council.

9 (2) PROHIBITION OF COMPENSATION OF FED10 ERAL EMPLOYEES.—Members of the Council who

11 are full-time officers or employees of the United

12 States or Members of Congress may not receive ad13 ditional pay, allowances, or benefits by reason of

14 their service on the Council.

15 (f) TRAVEL EXPENSES.—Each member shall receive

16 travel expenses, including per diem in lieu of subsistence,

17 in accordance with sections 5702 and 5703 of title 5,

18 United States Code.

19 (g) QUORUM.—One-third of the voting members of

20 the Council shall constitute a quorum but a lesser number

21 may hold hearings.

22 (h) CHAIRPERSON; VICE CHAIRPERSON.—The Chair23 person and Vice Chairperson of the Council shall be ap24 pointed by the President of the United States from among

25 the members of the Council. The term of office of the
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1 Chairperson and Vice Chairperson shall be 5 years. A va2 cancy in the office of the Chairperson or Vice Chairperson

3 shall be filled in the manner in which the original appoint4 ment was made.

5 (i) MEETINGS.—The Council shall meet not less fre6 quently than monthly.

7 SEC. 5. DIRECTOR AND STAFF.

8 (a) DIRECTOR.—The Council shall have a Director

9 who shall be appointed by the Chairperson. The Director

10 shall be paid at a rate not to exceed the maximum rate

11 of basic pay payable under section 5376 of title 5, United

12 States Code. The Director shall serve at the pleasure of

13 the Council.

14 (b) STAFF.—With the approval of the Council, the

15 Director may appoint and fix the pay of additional per16 sonnel as the Director considers appropriate.

17 (c) EXPERTS AND CONSULTANTS.—With the ap18 proval of the Council, the Director may procure temporary

19 and intermittent services under section 3109(b) of title 5,

20 United States Code, but at rates for individuals not to

21 exceed the daily equivalent of the maximum annual rate

22 of basic pay payable under section 5376 of title 5, United

23 States Code.

24 (d) STAFF OF FEDERAL AGENCIES.—Upon request

25 of the Council, the head of any Federal department or
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1 agency may detail, on a reimbursable basis, any of the

2 personnel of that department or agency to the Council to

3 assist it in carrying out its duties under this Act.

4 SEC. 6. POWERS.

5 (a) HEARINGS AND SESSIONS.—The Council may, for

6 the purpose of carrying out this Act, hold hearings, sit

7 and act at times and places, take testimony, and receive

8 evidence as the Council considers appropriate.

9 (b) POWERS OF MEMBERS AND AGENTS.—Any mem10 ber or agent of the Council may, if authorized by the

11 Council, take any action which the Council is authorized

12 to take by this section.

13 (c) GIFTS, BEQUESTS, AND DEVISES.—The Council

14 may accept, use, and dispose of gifts, bequests, or devises

15 of services or property, both real and personal, for the pur16 pose of aiding or facilitating the work of the Council.

17 Gifts, bequests, or devises of money and proceeds from

18 sales of other property received as gifts, bequests, or de19 vises shall be deposited in the Treasury and shall be avail20 able for disbursement upon order of the Council. For pur21 poses of Federal income, estate, and gift taxes, property

22 accepted under this subsection shall be considered as a

23 gift, bequest, or devise to the United States.
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1 (d) MAILS.—The Council may use the United States

2 mails in the same manner and under the same conditions

3 as other departments and agencies of the United States.

4 (e) ADMINISTRATIVE SUPPORT SERVICES.—Upon

5 the request of the Council, the Administrator of General

6 Services shall provide to the Council, on a reimbursable

7 basis, the administrative support services necessary for the

8 Council to carry out its responsibilities under this Act.

9 SEC. 7. MEMORIAL AND MUSEUM.

10 (a) ARCHITECTURAL DESIGN.—The Council shall de11 termine the architectural design of the Memorial and Mu12 seum subject to the approval of the Secretary of the Inte13 rior, in consultation with the Commission of Fine Arts and

14 the National Capital Planning Commission.

15 (b) ACQUISITION OF REAL PROPERTY IN DISTRICT

16 OF COLUMBIA.—The Council may, for the purpose of es17 tablishing a single site for the Memorial and Museum and

18 with the approval of the Secretary of the Interior in con19 sultation with the Commission of Fine Arts and the Na20 tional Capital Planning Commission, acquire real property

21 in the District of Columbia by one or more of the following

22 procedures:

23 (1) Notwithstanding any other provision of law

24 (including the Federal Property and Administrative

25 Services Act of 1949 (40 U.S.C. et seq.)), any de-
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1 partment, agency, or instrumentality of the United

2 States Government may transfer to the Council any

3 real property in the District of Columbia that is

4 under the administrative jurisdiction of the depart5 ment, agency, or instrumentality and that the Coun6 cil considers suitable for the Memorial and Museum.

7 (2) The Council may purchase, with the consent

8 of the owner, any real property within the District

9 of Columbia that the Council considers suitable for

10 the Memorial and Museum.

11 (c) CONSTRUCTION.—The Council shall construct the

12 Memorial and Museum on the site established under sub13 section (b) in accordance with the architectural design de14 termined under subsection (a).

15 (d) OPERATION.—In operating the Memorial and

16 Museum, the Council shall—

17 (1) adopt bylaws;

18 (2) establish annual budgets;

19 (3) subject to the availability of funds and the

20 provisions of annual budgets, purchase, accept, bor21 row, or otherwise acquire artifacts and other prop22 erty for addition to the collections of the Memorial

23 and Museum;

24 (4) establish policy with respect to the utiliza25 tion of the collections of the Memorial and Museum;
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1 (5) establish policy with respect to educational

2 programs, exhibitions, and research projects relating

3 to slavery in North America;

4 (6) establish programs in cooperation with in5 stitutions including other museums, historical soci6 eties, educational institutions, cultural organizations,

7 and other organizations for the education and pro8 motion of understanding regarding slavery in North

9 America; and

10 (7) support the efforts of such institutions to

11 educate and promote the understanding regarding

12 slavery in North America.

13 (e) INSURANCE.—The Council shall maintain insur14 ance on the Memorial and Museum covering the risks, in

15 the amounts, and containing the terms the Council con16 siders necessary.

17 SEC. 8. AUDITS.

18 When requested by the Congress, the Comptroller

19 General shall audit the financial transactions of the Coun20 cil, including those involving donated funds, under gen21 erally accepted auditing standards. The Council shall

22 make available for an audit under this section all records,

23 items, or property used by the Council that are necessary

24 for the audit.
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1 SEC. 9. ANNUAL REPORT.

2 Each year, the Council shall submit to the Congress

3 a report on the activities of the Council, including an ac4 counting of all financial transactions involving donated

5 funds.

6 SEC. 10. APPLICABILITY OF COMMEMORATIVE WORKS ACT.

7 The Memorial and Museum is not a commemorative

8 work within the meaning of the Commemorative Works

9 Act (40 U.S.C. 1001 et seq.).

10 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

11 (a) IN GENERAL.—There are authorized to be appro12 priated such sums as may be necessary to carry out this

13 Act.

14 (b) USE OF AMOUNTS FOR CONSTRUCTION OR OPER15 ATION.—Amounts appropriated to the Council—

16 (1) may not be used for construction of the Me17 morial and Museum; and

18 (2) may be used for operation of the Memorial

19 and Museum only if amounts received under section

20 6(c) that are equal to or greater than such appro21 priated amounts are also so used.

22 (c) PRIOR AUTHORITY REQUIRED.—Any spending

23 authority (as defined in subparagraphs (A) and (C) of sec24 tion 401(c)(2) of the Congressional Budget Act of 1974

25 (2 U.S.C. 651(c)(2)(A) and (C))) contained in this Act
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1 shall be effective only to such extent and in such amounts

2 as are provided in appropriation Acts.

Æ