II 

111TH CONGRESS 

2D SESSION S. 2948 

To establish the African Burial Ground International Memorial Museum and 

Educational Center in New York, New York, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2010 

Mr. SCHUMER (for himself and Mrs. GILLIBRAND) 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 International Memorial Museum and Educational Center 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 and Educational Center 

6 Act’’. 

7 SEC. 2. FINDINGS. 

8 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 

15 generations of oppression under the laws of man 

16 could not crush the hope of freedom and defeat the 

17 purposes of God.’’; 

18 (4) on February 27, 2006, President George W. 

19 Bush established the National Monument, which was 

20 comprised of the approximately 15,000-square foot 

21 parcel of the National Historic Landmark that was 

22 bounded by Duane and Elk Streets in Lower Man23 hattan; 

24 (5) an international memorial museum facility 

25 dedicated to those individuals who suffered the grave 


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1 injustice of slavery in the United States, while at the 

2 same time helping to build the country, would— 

3 (A) reflect the significance of the African 

4 Burial Ground; and 

5 (B) help the people of the United States 

6 understand the past and honor the history of all 

7 people in the United States; 

8 (6) in 1998, the Secretary of the Smithsonian 

9 Institution— 

10 (A) stated that the African Burial Ground 

11 affords the perfect opportunity to gain insight 

12 into— 

13 (i) the institution of slavery, as prac14 ticed in urban, rural, northern, and south15 ern parts of the United States; and 

16 (ii) the international slave trade; and 

17 (B) proposed that a partnership be formed 

18 among the Smithsonian, the National Park 

19 Service, and the General Services Administra20 tion to further develop the African Burial 

21 Ground; 

22 (7) the National Museum of African American 

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

24 which authorized construction of a museum in 

25 Washington, DC, identified the period of slavery as 


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1 1 of the periods of the African-American diaspora 

2 that would be encompassed by the museum; 

3 (8) the African Burial Ground— 

4 (A) is unlike any other anthropological and 

5 symbolic site in the United States or the world; 

6 (B) includes DNA samples from the re7 markably well-preserved human remains that 

8 will enable researchers to trace the home 

9 ‘‘roots’’ in Africa of those individuals buried at 

10 the African Burial Ground; and 

11 (C) provides a fitting location for a na12 tional memorial facility, relating to the National 

13 Museum of African American History and Cul14 ture that would— 

15 (i) pay special tribute to— 

16 (I) the thousands of enslaved in17 dividuals who are buried at the Afri18 can Burial Ground; and 

19 (II) all of the individuals who 

20 were enslaved during the history of 

21 the United States; 

22 (ii) examine the African cultural tra23 ditions brought to the United States by the 

24 enslaved; and 


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1 (iii) explore in-depth the institution of 

2 slavery; 

3 (9) a memorial museum at the site of the Afri4 can Burial Ground— 

5 (A) was first recommended by a Federal 

6 steering committee in 1992; and 

7 (B) in conjunction with the planned World 

8 Trade Center memorial and other nearby sites, 

9 would attract millions of visitors from the 

10 United States and abroad, making a substantial 

11 contribution to the development and revitaliza12 tion of Lower Manhattan in response to the at13 tacks on the World Trade Center of September 

14 11, 2001; 

15 (10) Public Law 99–511 (100 Stat. 2080) en16 couraged support for the establishment of a com17 memorative structure within the National Park Sys18 tem or on other Federal land that is dedicated to the 

19 promotion of understanding, knowledge, opportunity, 

20 and equality for all people; 

21 (11) similar to the National Museum of the Na22 tive American that was established by section 3(a) of 

23 the National Museum of the American Indian Act 

24 (20 U.S.C. 80q–1(a)), a memorial museum at the 


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1 site of the African Burial Ground would benefit from 

2 a partnership among— 

3 (A) the Federal Government; 

4 (B) the State of New York; 

5 (C) the city of New York; and 

6 (D) members of the private sector; 

7 (12) the African Burial Ground— 

8 (A) has been determined to be nationally 

9 significant as— 

10 (i) a National Historic Landmark; 

11 and 

12 (ii) a National Monument; and 

13 (B) provides an important opportunity for 

14 interpretation, understanding, partnership and 

15 pride; and 

16 (13) the National Park Service— 

17 (A) has played an important role in the de18 velopment of the African Burial Ground (in19 cluding the designation of the African Burial 

20 Ground as a National Monument); 

21 (B) successfully operates other national fa22 cilities in the city of New York that symbolize 

23 freedom and the quest for freedom in America, 

24 including— 


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1 (i) the Statue of Liberty National 

2 Monument; and 

3 (ii) Ellis Island National Monument; 

4 (C) provided key support to the Presi5 dential Study Commission for the National Mu6 seum of African American History and Culture; 

7 and 

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

9 role with respect to the creation of the Museum. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the General 

14 Services Administration. 

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

16 Council’’ means the African Burial Ground Advisory 

17 Council established by section 7(a). 

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

19 New York, New York. 

20 (4) EXPANSION PROPERTY.—The term ‘‘expan21 sion property’’ means the property that is acquired 

22 by the Secretary under section 5(a). 

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

24 African Burial Ground International Memorial MuVerDate Nov 24 2008 03:06 Jan 26, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2948.IS S2948

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1 seum and Educational Center established by section 

2 4(a). 

3 (6) NATIONAL LANDMARK.—The term ‘‘Na4 tional Landmark’’ means the African Burial Ground 

5 National Historic Landmark in the City. 

6 (7) NATIONAL MONUMENT.—The term ‘‘Na7 tional Monument’’ means the African Burial Ground 

8 National Monument in the City. 

9 (8) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior, acting through the Di11 rector of the National Park Service. 

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

13 of New York. 

14 SEC. 4. ESTABLISHMENT OF MUSEUM. 

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

16 National Monument a memorial museum and educational 

17 center, to be known as the ‘‘African Burial Ground Inter18 national Memorial Museum and Educational Center’’. 

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

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

21 (A) to the enslaved who are buried at the 

22 African Burial Ground; and 

23 (B) to other Africans and African-Ameri24 cans who were enslaved; 


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1 (2) to examine the African cultural traditions 

2 brought to the United States by the enslaved; 

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

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

5 (4) to provide a space for— 

6 (A) permanent and temporary exhibits; 

7 and 

8 (B) the collection and study of artifacts 

9 and documents; and 

10 (5) to encourage collaboration between the Mu11 seum and the National Museum of African American 

12 History and Culture, other museums, historically 

13 Black colleges and universities, historical societies, 

14 educational institutions, and other appropriate enti15 ties and organizations, including collaboration with 

16 respect to— 

17 (A) the development of cooperative pro18 grams and exhibitions, including through dig19 ital, electronic, and interactive technologies; 

20 (B) the identification, management, and 

21 care of Museum collections; and 

22 (C) the training of Museum and National 

23 Park Service professionals and other persons 

24 concerned with heritage preservation. 


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1 (c) ASSOCIATION WITH NATIONAL MUSEUM.—The 

2 Museum shall become associated with the National Mu3 seum of African American History and Culture, in a man4 ner to be determined by the Secretary, in consultation with 

5 the Advisory Council and the Board of Regents of the 

6 Smithsonian Institution. 

7 SEC. 5. SITE ACQUISITION AND DEVELOPMENT. 

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

9 with the Administrator, the Secretary of the Smithsonian 

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

11 shall— 

12 (1) acquire for the Museum property that is lo13 cated— 

14 (A) adjacent to the National Monument; or 

15 (B) in any other area of the National 

16 Landmark other than the location described in 

17 subparagraph (A); and 

18 (2) plan, design, and construct the Museum on 

19 the property acquired under paragraph (1). 

(b) FEDERAL SHARE.—The Secretary shall pay 2 20 ⁄3

21 of the total costs of— 

22 (1) acquiring property for the Museum; and 

23 (2) planning, designing, constructing, recon24 structing, and renovating, as applicable, the Mu25 seum. 


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1 (c) CONTRACTING AUTHORITY.— 

2 (1) IN GENERAL.—The Secretary and the Ad3 ministrator may enter into any agreements with 

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

5 that are necessary for the acquisition, by donation or 

6 other means, of property for— 

7 (A) establishing the Museum; and 

8 (B) planning, designing, constructing, re9 constructing, and renovating, as applicable, the 

10 Museum. 

11 (2) SITE ACQUISITION.—The Secretary may ac12 quire property under subsection (a)(1) by purchase, 

13 long-term lease, or any other appropriate means of 

14 acquisition, as determined by the Secretary. 

15 (d) EXPANSION OF NATIONAL MONUMENT.—The ex16 pansion property is incorporated in, and shall be managed 

17 as part of, the National Monument. 

18 SEC. 6. OPERATION OF THE MUSEUM. 

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

20 with the Advisory Council, shall operate the Museum. 

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

22 with the Advisory Council, may— 

23 (1) purchase, accept, borrow, and otherwise ac24 quire artifacts for the collections of the Museum; 


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

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

3 proceeds of the disposition are used for additions to 

4 the collections of the Museum; 

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

6 the collections and resources of the Museum, includ7 ing policies on programming, education, exhibitions, 

8 and research; 

9 (4) provide for preservation, restoration, and 

10 maintenance of the collections of the Museum; 

11 (5) solicit, accept, use, and dispose of gifts, be12 quests, and devises of real and personal property for 

13 the purpose of facilitating the work of the Museum; 

14 (6) contract with such parties as may be nec15 essary to facilitate the operation of the Museum; 

16 (7) administer the National Monument as a 

17 unit of the National Park System in accordance 

18 with— 

19 (A) this Act; and 

20 (B) the laws generally applicable to units 

21 of the National Park System, including the Act 

22 of August 25, 1916 (commonly known as the 

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

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


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1 (8) conduct any other activities that are nec2 essary to carry out the purposes of this Act. 

3 SEC. 7. ADVISORY COUNCIL. 

4 (a) ESTABLISHMENT.—There is established within 

5 the Department of the Interior an advisory council to be 

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

7 (b) MEMBERSHIP.— 

8 (1) COMPOSITION.—The Advisory Council shall 

9 be composed of the following members or their des10 ignees: 

11 (A) The Secretary, who shall serve as 

12 Chairperson of the Advisory Council. 

13 (B) The Director of the National Park 

14 Service. 

15 (C) The Secretary of the Smithsonian In16 stitution. 

17 (D) The Administrator. 

18 (E) The Governor of the State. 

19 (F) The Mayor of the City. 

20 (G) The President of the Borough of Man21 hattan. 

22 (H) Fourteen members, to be appointed by 

23 the Secretary, taking into consideration— 

24 (i) recommendations from organiza25 tions and entities that are committed to 


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1 the legacy of the African Burial Ground; 

2 and 

3 (ii) recommendations from the mem4 bers of the Advisory Council. 

5 (2) NONVOTING MEMBERS.—The Secretary 

6 may appoint as nonvoting members of the Advisory 

7 Council— 

8 (A) members of the United States Senate; 

9 (B) members of the House of Representa10 tives; 

11 (C) officials representing the City; 

12 (D) officials representing the State; and 

13 (E) any other individuals that the Sec14 retary, in consultation with the members of the 

15 Advisory Council, determines to be appropriate. 

16 (3) DATE OF APPOINTMENTS.—The initial ap17 pointment of a member under paragraph (1) shall be 

18 made not later than 180 days after the date of en19 actment of this Act. 

20 (c) TERMS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), each member of the Advisory Council 

23 shall be appointed for a term of 3 years. 

24 (2) INITIAL APPOINTEES.—Of the members 

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


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1 (A) 5 members shall be appointed for a 

2 term of 1 year; 

3 (B) 5 members shall be appointed for a 

4 term of 2 years; and 

5 (C) 4 members shall be appointed for a 

6 term of 3 years. 

7 (3) REAPPOINTMENT.— 

8 (A) IN GENERAL.—A member of the Advi9 sory Council may be reappointed, except that no 

10 individual may serve on the Advisory Council 

11 for a total of more than 2 terms. 

12 (B) VACANCY APPOINTMENTS.—For pur13 poses of subparagraph (A), the number of 

14 terms an individual serves on the Advisory 

15 Council shall not include any portion of a term 

16 for which an individual is appointed to fill a va17 cancy under paragraph (4)(B). 

18 (4) VACANCIES.— 

19 (A) IN GENERAL.—A vacancy on the Advi20 sory Council— 

21 (i) shall not affect the powers of the 

22 Advisory Council; and 

23 (ii) shall be filled in the same manner 

24 as the original appointment was made. 


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

2 Council appointed to fill a vacancy occurring 

3 before the expiration of the term for which the 

4 member’s predecessor was appointed shall be 

5 appointed for the remainder of that term. 

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

7 (1) make recommendations to the Secretary on 

8 the planning, design, and construction of the Mu9 seum; 

10 (2) advise and assist the Secretary on all mat11 ters relating to the administration, operation, main12 tenance, and preservation of the Museum; 

13 (3) provide significant opportunities for public 

14 input with respect to carrying out the duties under 

15 paragraphs (1) and (2); and 

16 (4) adopt bylaws for the operation of the Advi17 sory Council. 

18 (e) COMPENSATION.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), a member of the Advisory Council shall 

21 serve without compensation. 

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

23 Council shall be allowed travel expenses, including 

24 per diem in lieu of subsistence, at rates authorized 

25 for an employee of an agency under subchapter I of 


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

2 away from the home or regular place of business of 

3 the member in the performance of the duties of the 

4 Advisory Council. 

5 (f) MEETINGS.— 

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

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

8 request of a majority of the members of the Advi9 sory Council, but not fewer than 2 times each year. 

10 (2) INITIAL MEETINGS.—During the 1-year pe11 riod beginning on the date of the first meeting of the 

12 Advisory Council, the Advisory Council shall meet 

13 not fewer than 4 times for the purpose of carrying 

14 out the duties of the Advisory Council. 

15 (g) QUORUM.—A majority of the members of the Ad16 visory Council shall constitute a quorum for the purpose 

17 of conducting business, but a lesser number may receive 

18 information on behalf of the Advisory Council. 

19 SEC. 8. DIRECTOR AND STAFF. 

20 (a) DIRECTOR.— 

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

22 a Director for the Museum, taking into consider23 ation recommendations by the Advisory Council. 

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

25 shall manage the Museum, in accordance with any 


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1 policies established by the Secretary, in consultation 

2 with the Advisory Council. 

3 (b) STAFF.— 

4 (1) APPOINTMENT.—The Secretary may, with5 out regard to the civil service laws, appoint 2 em6 ployees to assist the Director of the Museum in car7 rying out the duties of the Director. 

8 (2) COMPENSATION.—The employees appointed 

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

10 the provisions of chapter 51 and subchapter III of 

11 chapter 53 of title 5, United States Code. 

12 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

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

14 (b), there are authorized to be appropriated to the Sec15 retary to carry out this Act— 

16 (1) $15,000,000 for fiscal year 2008; and 

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

18 year thereafter. 

19 (b) ACQUISITION OF MUSEUM SITE.—There are au20 thorized to be appropriated such sums as are necessary 

21 to carry out section 5. 

22 (c) AVAILABILITY.—Amounts made available under 

23 subsections (a) and (b) shall remain available, without fis24 cal year limitation, until expended. 


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

2 made available under this section may be used to raise 

3 funds from private sources to support and promote the 

4 Museum. 

Æ 


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