II 

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. 

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 ‘‘African Burial Ground 

5 International Memorial Museum Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 
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1 (1) the African Burial Ground National His2 toric Landmark in New York, New York, holds the 

3 remains of up to 20,000 enslaved Africans and 

4 early-generation African Americans from the colonial 

5 era; 

6 (2) the Africans and African Americans that 

7 suffered under slavery show us the strength of the 

8 human character and provide us with a model of 

9 courage, commitment, and perseverance; 

10 (3) as President George W. Bush stated on 

11 July 8, 2003, during his remarks at Goree Island, 

12 Senegal: ‘‘For 250 years the captives endured an as13 sault on their culture and their dignity. The spirit 

14 of Africans in America did not break . . . All the gen15 erations of oppression under the laws of man could 

16 not crush the hope of freedom and defeat the pur17 poses of God.’’; 

18 (4) a national memorial museum dedicated to 

19 the African Americans that suffered the grave injus20 tice of slavery in this country, while at the same 

21 time helping to build the country, will allow the peo22 ple of the United States to understand the past and 

23 honor the history of all people in the United States; 

24 (5) in 1988, the Secretary of the Smithsonian 

25 Institution— 
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1 (A) stated that the African Burial Ground 

2 affords the perfect opportunity to gain insight 

3 into— 

4 (i) the institution of slavery, as prac5 ticed in urban, rural, northern, and south6 ern parts of the United States; and 

7 (ii) the international slave trade; and 

8 (B) proposed that a partnership be formed 

9 among the Smithsonian, the National Park 

10 Service, and the General Services Administra11 tion to further develop the African Burial 

12 Ground; 

13 (6) the National Museum of African American 

14 History and Culture Act (20 U.S.C. 80r et seq.), 

15 which authorized construction of a museum in 

16 Washington, D.C., identified the period of slavery as 

17 1 of the periods of the African American diaspora 

18 that would be encompassed by the museum; 

19 (7) the African Burial Ground— 

20 (A) is unlike any other anthropological and 

21 symbolic site in the United States or the world; 

22 (B) includes DNA samples from the re23 markably well-preserved human remains that 

24 will enable researchers to trace the home 
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1 ‘‘roots’’ in Africa of those individuals buried at 

2 the African Burial Ground; 

3 (C) provides a fitting location for a na4 tional memorial facility, relating to the National 

5 Museum of African American History and Cul6 ture that would— 

7 (i) pay special tribute to the thou8 sands of slaves that are buried at the Afri9 can Burial Ground; 

10 (ii) examine the African cultural tra11 ditions brought to the United States by the 

12 enslaved; and 

13 (iii) explore in-depth the institution of 

14 slavery; 

15 (8) a memorial museum at the site of the Afri16 can Burial Ground— 

17 (A) was first recommended by a Federal 

18 steering committee in 1992; and 

19 (B) in conjunction with the planned World 

20 Trade Center memorial and other nearby sites, 

21 would attract millions of visitors from the 

22 United States and abroad, making a substantial 

23 contribution to the development and revitaliza24 tion of Lower Manhattan in response to the at-
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1 tacks on the World Trade Center of September 

2 11, 2001; 

3 (9) Public Law 99–511 (100 Stat. 2080) en4 couraged support for the establishment of a com5 memorative structure within the National Park Sys6 tem or on other Federal land that is dedicated to the 

7 promotion of understanding, knowledge, opportunity, 

8 and equality for all people; 

9 (10) the African Burial Ground— 

10 (A) has been determined to be nationally 

11 significant as a National Historic Landmark; 

12 and 

13 (B) provides an important opportunity for 

14 interpretation, understanding, partnership and 

15 pride; and 

16 (11) the National Park Service— 

17 (A) has played an important role in the de18 velopment of the African Burial Ground site; 

19 (B) successfully operates other national fa20 cilities in the city of New York that symbolize 

21 freedom and the quest for freedom in America, 

22 including— 

23 (i) the Statue of Liberty National 

24 Monument; and 

25 (ii) Ellis Island National Monument; 
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1 (C) provided key support to the Presi2 dential Study Commission for the National Mu3 seum of African American History and Culture; 

4 and 

5 (D) is well-suited to assume a leadership 

6 role with respect to the creation of an African 

7 Burial Ground International Memorial Mu8 seum. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) ADMINISTRATOR.—The term ‘‘Adminis12 trator’’ means the Administrator of the General 

13 Services Administration. 

14 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 

15 Council’’ means the African Burial Ground Advisory 

16 Council established by section 8(a). 

17 (3) CITY.—The term ‘‘City’’ means the city of 

18 New York, New York. 

19 (4) HISTORIC SITE.—The term ‘‘Historic Site’’ 

20 means the African Burial Ground National Historic 

21 Site established by section 4(a). 

22 (5) MUSEUM.—The term ‘‘Museum’’ means the 

23 African Burial Ground International Memorial Mu24 seum established by section 5(a). 
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1 (6) NATIONAL LANDMARK.—The term ‘‘Na2 tional Landmark’’ means the African Burial Ground 

3 National Historic Landmark in New York, New 

4 York. 

5 (7) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior, acting through the Di7 rector of the National Park Service. 

8 (8) STATE.—The term ‘‘State’’ means the State 

9 of New York. 

10 SEC. 4. ESTABLISHMENT OF NATIONAL HISTORIC SITE. 

11 (a) ESTABLISHMENT.—In accordance with the Act of 

12 August 25, 1916 (commonly known as the ‘‘National Park 

13 Service Organic Act’’) (16 U.S.C. 1 et seq.), there is estab14 lished as a unit of the National Park System within the 

15 National Landmark the African Burial Ground National 

16 Historic Site. 

17 (b) BOUNDARIES.—The National Historic Site shall 

18 include— 

19 (1) the property located at 290 Broadway, New 

20 York, New York, which is under the jurisdiction of 

21 the Administrator; and 

22 (2) any property adjoining the property de23 scribed in paragraph (1) or within the National 

24 Landmark that is acquired by the Secretary under 

25 section 6. 
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1 SEC. 5. ESTABLISHMENT OF MEMORIAL MUSEUM. 

2 (a) ESTABLISHMENT.—There is established at the 

3 Historic Site a memorial museum and visitor’s center, to 

4 be known as the ‘‘African Burial Ground International 

5 Memorial Museum’’. 

6 (b) PURPOSES.—The purposes of the Museum are— 

7 (1) to serve as a permanent living memorial— 

8 (A) to the enslaved that are buried at the 

9 Historic Site; and 

10 (B) other African Americans that were 

11 enslaved; 

12 (2) to examine the African cultural traditions 

13 brought to the United States by the enslaved; 

14 (3) to explore in-depth the institution of slavery 

15 in the United States and other parts of the world; 

16 and 

17 (4) to provide a space for— 

18 (A) permanent and temporary exhibits; 

19 and 

20 (B) the collection and study of artifacts 

21 and documents; and 

22 (5) to encourage collaboration between the Mu23 seum and the National Museum of African American 

24 History and Culture, other museums, historically 

25 black colleges and universities, historical societies, 

26 educational institutions, and other appropriate enti-
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1 ties and organizations, including collaboration with 

2 respect to— 

3 (A) the development of cooperative pro4 grams and exhibitions, including through dig5 ital, electronic, and interactive technologies; 

6 (B) the identification, management, and 

7 care of Museum collections; and 

8 (C) the training of Museum and National 

9 Park Service professionals and other persons 

10 concerned with heritage preservation. 

11 (c) ASSOCIATION WITH NATIONAL MUSEUM.—The 

12 Museum shall become associated with the National Mu13 seum of African American History and Culture, in a man14 ner to be determined by the Secretary, in consultation with 

15 the Advisory Council and the Board of Regents of the 

16 Smithsonian Institution. 

17 SEC. 6. SITE ACQUISITION. 

18 (a) IN GENERAL.—The Secretary, in consultation 

19 with the Administrator, the Secretary of the Smithsonian 

20 Institution, the City, the State, and the Advisory Council, 

21 shall— 

22 (1) acquire a site for the Historic Site; and 

23 (2) plan, design, and construct the Museum at 

24 the Historic Site. 
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(b) FEDERAL SHARE.—The Secretary shall pay 2 1 ⁄3

2 of the total costs of— 

3 (1) acquiring a site for the Historic Site; and 

4 (2) planning, designing, constructing, recon5 structing, and renovating, as applicable, the Mu6 seum. 

7 (c) CONTRACTING AUTHORITY.— 

8 (1) IN GENERAL.—The Secretary and the Ad9 ministrator may enter into any agreements with 

10 each other, the City, the State, and other parties 

11 that are necessary for acquisition, by donation or 

12 other means, of sites for— 

13 (A) establishing the Historic Site; and 

14 (B) planning, designing, constructing, re15 constructing, and renovating, as applicable, the 

16 Museum. 

17 (2) SITE ACQUISITION.—Sites for the Historic 

18 Site and Museum may be acquired by— 

19 (A) the Administrator transferring to the 

20 Secretary the open space located behind the 

21 Federal office building at 290 Broadway, and 

22 bounded by Duane and Elk Streets, in the City; 

23 and 

24 (B) purchase or long-term lease by the 

25 Secretary of property located in close proximity 
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1 to the open space described in subparagraph 

2 (1). 

3 SEC. 7. OPERATION OF THE MEMORIAL MUSEUM. 

4 (a) IN GENERAL.—The Secretary, in consultation 

5 with the Advisory Council, shall operate the Museum. 

6 (b) AUTHORITIES.—The Secretary, in consultation 

7 with the Advisory Council, may— 

8 (1) purchase, accept, borrow, and otherwise ac9 quire artifacts for the collections of the Museum; 

10 (2) loan, exchange, sell, and otherwise dispose 

11 of any part of the collections of the Museum, if the 

12 proceeds of the disposition are used for additions to 

13 the collections of the Museum; 

14 (3) specify criteria with respect to the use of 

15 the collections and resources of the Museum, includ16 ing policies on programming, education, exhibitions, 

17 and research; 

18 (4) provide for preservation, restoration, and 

19 maintenance of the collections of the Museum; 

20 (5) solicit, accept, use, and dispose of gifts, be21 quests, and devises of real and personal property for 

22 the purpose of facilitating the work of the Museum; 

23 (6) contract with such parties as may be nec24 essary to facilitate the operation of the Museum; 
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1 (7) administer the Historic Site and Museum as 

2 a unit of the National Park System in accordance 

3 with— 

4 (A) this Act; and 

5 (B) the laws generally applicable to units 

6 of the National Park System, including the Act 

7 of August 25, 1916 (commonly known as the 

8 ‘‘National Park Service Organic Act’’) (16 

9 U.S.C. 1 et seq.); and 

10 (8) conduct any other activities that are nec11 essary to carry out the purposes of this Act. 

12 SEC. 8. ADVISORY COUNCIL. 

13 (a) ESTABLISHMENT.—There is established within 

14 the Department of the Interior an advisory council to be 

15 known as the ‘‘African Burial Ground Advisory Council’’. 

16 (b) MEMBERSHIP.— 

17 (1) COMPOSITION.—The Advisory Council shall 

18 be composed of the following members or their des19 ignees: 

20 (A) The Secretary, who shall serve as 

21 Chairperson of the Advisory Council. 

22 (B) The Director of the National Park 

23 Service. 

24 (C) The Secretary of the Smithsonian In25 stitution. 
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1 (D) The Administrator. 

2 (E) The Governor of the State. 

3 (F) The Mayor of the City. 

4 (G) The President of the Borough of Man5 hattan. 

6 (H) 14 members, to be appointed by the 

7 Secretary, taking into consideration— 

8 (i) recommendations from organiza9 tions and entities that are committed to 

10 the legacy of the African Burial Ground; 

11 and 

12 (ii) recommendations from the mem13 bers of the Advisory Council. 

14 (2) NONVOTING MEMBERS.—The Secretary 

15 may appoint as nonvoting members of the Advisory 

16 Council— 

17 (A) members of the United States Senate; 

18 (B) members of the House of Representa19 tives; 

20 (C) officials representing the City; 

21 (D) officials representing the State; and 

22 (E) any other individuals that the Sec23 retary, in consultation with the members of the 

24 Advisory Council, determines to be appropriate. 
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1 (3) DATE OF APPOINTMENTS.—The initial ap2 pointment of a member under paragraph (1) shall be 

3 made not later than 180 days after the date of en4 actment of this Act. 

5 (c) TERMS.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), each member of the Advisory Council 

8 shall be appointed for a term of 3 years. 

9 (2) INITIAL APPOINTEES.—Of the members 

10 first appointed under subsection (b)(1)(H)— 

11 (A) 5 members shall be appointed for a 

12 term of 1 year; 

13 (B) 5 members shall be appointed for a 

14 term of 2 years; and 

15 (C) 4 members shall be appointed for a 

16 terms of 3 years. 

17 (3) REAPPOINTMENT.— 

18 (A) IN GENERAL.—A member of the Advi19 sory Council may be reappointed, except that no 

20 individual may serve on the Advisory Council 

21 for a total of more than 2 terms. 

22 (B) VACANCY APPOINTMENTS.—For pur23 poses of subparagraph (A), the number of 

24 terms an individual serves on the Advisory 

25 Council shall not include any portion of a term 
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1 for which an individual is appointed to fill a va2 cancy under paragraph (4)(B). 

3 (4) VACANCIES.— 

4 (A) IN GENERAL.—A vacancy on the Advi5 sory Council— 

6 (i) shall not affect the powers of the 

7 Advisory Council; and 

8 (ii) shall be filled in the same manner 

9 as the original appointment was made. 

10 (B) TERM.—Any member of the Advisory 

11 Council appointed to fill a vacancy occurring 

12 before the expiration of the term for which the 

13 member’s predecessor was appointed shall be 

14 appointed for the remainder of that term. 

15 (d) DUTIES.—The Advisory Council shall— 

16 (1) make recommendations to the Secretary on 

17 the planning, design, and construction of the Mu18 seum; 

19 (2) advise and assist the Secretary on all mat20 ters relating to the administration, operation, main21 tenance, and preservation of the Museum; 

22 (3) provide significant opportunities for public 

23 input with respect to carrying out the duties under 

24 paragraphs (1) and (2); and 
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1 (4) adopt bylaws for the operation of the Advi2 sory Council. 

3 (e) COMPENSATION.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), a member of the Advisory Council shall 

6 serve without compensation. 

7 (2) TRAVEL EXPENSES.—A member of the 

8 Council shall be allowed travel expenses, including 

9 per diem in lieu of subsistence, at rates authorized 

10 for an employee of an agency under subchapter I of 

11 chapter 57 of title 5, United States Code, while 

12 away from the home or regular place of business of 

13 the member in the performance of the duties of the 

14 Advisory Council. 

15 (f) MEETINGS.— 

16 (1) IN GENERAL.—The Advisory Council shall 

17 meet at the call of the chairperson or on the written 

18 request of a majority of the members of the Advi19 sory Council, but not fewer than 2 times each year. 

20 (2) INITIAL MEETINGS.—During the 1-year pe21 riod beginning on the date of the first meeting of the 

22 Advisory Council, the Advisory Council shall meet 

23 not fewer than 4 times for the purpose of carrying 

24 out the duties of the Advisory Council. 
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1 (g) QUORUM.—A majority of the members of the Ad2 visory Council shall constitute a quorum for the purpose 

3 of conducting business, but a lesser number may receive 

4 information on behalf of the Advisory Council. 

5 SEC. 9. DIRECTOR AND STAFF. 

6 (a) DIRECTOR.— 

7 (1) IN GENERAL.—The Secretary shall appoint 

8 a Director for the Museum, taking into consider9 ation recommendations by the Advisory Council. 

10 (2) DUTIES.—The Director of the Museum 

11 shall manage the Museum, in accordance with any 

12 policies established by the Secretary, in consultation 

13 with the Advisory Council. 

14 (b) STAFF.— 

15 (1) APPOINTMENT.—The Secretary may, with16 out regard to the civil service laws, appoint 2 em17 ployees to assist the Director of the Museum in car18 rying out the duties of the Director. 

19 (2) COMPENSATION.—The employees appointed 

20 under subsection (b) may be paid without regard to 

21 the provisions of chapter 51 and subchapter III of 

22 chapter 53 of title 5, United States Code. 
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1 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), there are authorized to be appropriated to the Sec4 retary to carry out this Act— 

5 (1) $15,000,000 for fiscal year 2006; and 

6 (2) such sums as are necessary for each fiscal 

7 year thereafter. 

8 (b) ACQUISITION OF MUSEUM SITE.—There are au9 thorized to be appropriated such sums as are necessary 

10 to carry out section 6. 

11 (c) AVAILABILITY.—Amounts made available under 

12 subsections (a) and (b) shall remain available, without fis13 cal year limitation, until expended. 

14 (d) USE OF FUNDS FOR FUND-RAISING.—Amounts 

15 made available under this section may be used to raise 

16 funds from private sources to support and promote the 

17 Museum. 

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