I
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘North American Slav-
ery Memorial Council Act’’.
SEC. 2. ESTABLISHMENT.
There is established the North American Slavery Me-
morial Council (in this Act referred to as the ‘‘Council’’).
SEC. 3. DUTIES.
The duties of the Council shall be to—
(1) establish an architectural design for a na-
tional memorial and museum to slavery in North
America appropriate to honor the memory of victims
of slavery (in this Act referred to as the ‘‘Memorial
and Museum’’);
(2) establish a single site within the District of
Columbia suitable for the construction and operation
of the Memorial and Museum;
(3) construct the Memorial and Museum; and
(4) operate the Memorial and Museum.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Council shall
be composed of the following members:
(1) VOTING
MEMBERS.—65 voting members,
who shall be appointed—
(A) 55 by the President of the United
States;
(B) 5 by the Speaker of the House of Rep-
resentatives, appointed from among members of
the House of Representatives; and
(C) 5 by the President pro tempore of the
Senate, on the recommendation of the majority
and minority leaders of the Senate, from among
members of the Senate.
(2) NONVOTING MEMBERS.—3 ex officio non-
voting members, who shall be appointed—
(A) 1 by the Secretary of the Interior;
(B) 1 by the Secretary of State; and
(C) 1 by the Secretary of Education.
(b) CONTINUATION OF MEMBERSHIP.—If a member
was appointed to the Council as a Member of Congress
and the member ceases to be a Member of Congress, that
member may continue as a member for not longer than
the 60-day period beginning on the date that member
ceases to be a Member of Congress.
(c) TERM.—Each member shall be appointed for a
term of 5 years, except that the terms of the 5 members
of the House of Representatives and the 5 members of
the Senate appointed during a Congress shall expire at
the end of that Congress.
(d) VACANCIES.—
(1) A vacancy in the Council shall be filled in
the manner in which the original appointment was
made.
(2) A member appointed to fill a vacancy occur-
ring before the expiration of the term for which the
member’s predecessor was appointed shall be ap-
pointed only for the remainder of that term.
(3) A member, except the 5 members of the
House of Representatives and the 5 members of the
Senate, may serve after the expiration of a term
until a successor takes office.
(e) BASIC PAY.—
(1) RATES
OF
PAY.—Except as provided in
paragraph (2), members shall each be paid at the
daily equivalent of the maximum annual rate of
basic pay payable under section 5376 of title 5 for
each day (including travel time) during which they
are engaged in the actual performance of duties
vested in the Council.
(2) PROHIBITION OF COMPENSATION OF FED-
ERAL
EMPLOYEES.—Members of the Council who
are full-time officers or employees of the United
States or Members of Congress may not receive ad-
ditional pay, allowances, or benefits by reason of
their service on the Council.
(f) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5,
United States Code.
(g) QUORUM.—One-third of the voting members of
the Council shall constitute a quorum but a lesser number
may hold hearings.
(h) CHAIRPERSON; VICE CHAIRPERSON.—The Chair-
person and Vice Chairperson of the Council shall be ap-
pointed by the President of the United States from among
the members of the Council. The term of office of the
Chairperson and Vice Chairperson shall be 5 years. A va-
cancy in the office of the Chairperson or Vice Chairperson
shall be filled in the manner in which the original appoint-
ment was made.
(i) MEETINGS.—The Council shall meet not less fre-
quently than monthly.
SEC. 5. DIRECTOR AND STAFF.
(a) DIRECTOR.—The Council shall have a Director
who shall be appointed by the Chairperson. The Director
shall be paid at a rate not to exceed the maximum rate
of basic pay payable under section 5376 of title 5, United
States Code. The Director shall serve at the pleasure of
the Council.
(b) STAFF.—With the approval of the Council, the
Director may appoint and fix the pay of additional per-
sonnel as the Director considers appropriate.
(c) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Council, the Director may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not to
exceed the daily equivalent of the maximum annual rate
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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