of basic pay payable under section 5376 of title 5, United
States Code.
(d) STAFF OF FEDERAL AGENCIES.—Upon request
of the Council, the head of any Federal department or
agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Council to
assist it in carrying out its duties under this Act.
SEC. 6. POWERS.
(a) HEARINGS AND SESSIONS.—The Council may, for
the purpose of carrying out this Act, hold hearings, sit
and act at times and places, take testimony, and receive
evidence as the Council considers appropriate.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Council may, if authorized by the
Council, take any action which the Council is authorized
to take by this section.
(c) GIFTS, BEQUESTS, AND DEVISES.—The Council
may accept, use, and dispose of gifts, bequests, or devises
of services or property, both real and personal, for the pur-
pose of aiding or facilitating the work of the Council.
Gifts, bequests, or devises of money and proceeds from
sales of other property received as gifts, bequests, or de-
vises shall be deposited in the Treasury and shall be avail-
able for disbursement upon order of the Council. For pur-
poses of Federal income, estate, and gift taxes, property
accepted under this subsection shall be considered as a
gift, bequest, or devise to the United States.
(d) MAILS.—The Council may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Council, the Administrator of General
Services shall provide to the Council, on a reimbursable
basis, the administrative support services necessary for the
Council to carry out its responsibilities under this Act.
SEC. 7. MEMORIAL AND MUSEUM.
(a) ARCHITECTURAL DESIGN.—The Council shall de-
termine the architectural design of the Memorial and Mu-
seum subject to the approval of the Secretary of the Inte-
rior, in consultation with the Commission of Fine Arts and
the National Capital Planning Commission.
(b) ACQUISITION OF REAL PROPERTY IN DISTRICT
OF COLUMBIA.—The Council may, for the purpose of es-
tablishing a single site for the Memorial and Museum and
with the approval of the Secretary of the Interior in con-
sultation with the Commission of Fine Arts and the Na-
tional Capital Planning Commission, acquire real property
in the District of Columbia by one or more of the following
procedures:
(1) Notwithstanding any other provision of law
(including the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. et seq.)), any de-
partment, agency, or instrumentality of the United
States Government may transfer to the Council any
real property in the District of Columbia that is
under the administrative jurisdiction of the depart-
ment, agency, or instrumentality and that the Coun-
cil considers suitable for the Memorial and Museum.
(2) The Council may purchase, with the consent
of the owner, any real property within the District
of Columbia that the Council considers suitable for
the Memorial and Museum.
(c) CONSTRUCTION.—The Council shall construct the
Memorial and Museum on the site established under sub-
section (b) in accordance with the architectural design de-
termined under subsection (a).
(d) OPERATION.—In operating the Memorial and
Museum, the Council shall—
(1) adopt bylaws;
(2) establish annual budgets;
(3) subject to the availability of funds and the
provisions of annual budgets, purchase, accept, bor-
row, or otherwise acquire artifacts and other prop-
erty for addition to the collections of the Memorial
and Museum;
(4) establish policy with respect to the utiliza-
tion of the collections of the Memorial and Museum;
(5) establish policy with respect to educational
programs, exhibitions, and research projects relating
to slavery in North America;
(6) establish programs in cooperation with in-
stitutions including other museums, historical soci-
eties, educational institutions, cultural organizations,
and other organizations for the education and pro-
motion of understanding regarding slavery in North
America; and
(7) support the efforts of such institutions to
educate and promote the understanding regarding
slavery in North America.
(e) INSURANCE.—The Council shall maintain insur-
ance on the Memorial and Museum covering the risks, in
the amounts, and containing the terms the Council con-
siders necessary.
SEC. 8. AUDITS.
When requested by the Congress, the Comptroller
General shall audit the financial transactions of the Coun-
cil, including those involving donated funds, under gen-
erally accepted auditing standards. The Council shall
make available for an audit under this section all records,
items, or property used by the Council that are necessary
for the audit.
SEC. 9. ANNUAL REPORT.
Each year, the Council shall submit to the Congress
a report on the activities of the Council, including an ac-
counting of all financial transactions involving donated
funds.
SEC. 10. APPLICABILITY OF COMMEMORATIVE WORKS ACT.
The Memorial and Museum is not a commemorative
work within the meaning of the Commemorative Works
Act (40 U.S.C. 1001 et seq.).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated such sums as may be necessary to carry out this
Act.
(b) USE OF AMOUNTS FOR CONSTRUCTION OR OPER-
ATION.—Amounts appropriated to the Council—
(1) may not be used for construction of the Me-
morial and Museum; and
(2) may be used for operation of the Memorial
and Museum only if amounts received under section
6(c) that are equal to or greater than such appro-
priated amounts are also so used.
(c) PRIOR AUTHORITY REQUIRED.—Any spending
authority (as defined in subparagraphs (A) and (C) of sec-
tion 401(c)(2) of the Congressional Budget Act of 1974
(2 U.S.C. 651(c)(2)(A) and (C))) contained in this Act
shall be effective only to such extent and in such amounts
as are provided in appropriation Acts.
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