African Burial Ground International Memorial Museum and Educational Center Act

II 117TH CONGRESS 1ST SESSION S. 1085 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 APRIL 13, 2021 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 Memo- rial Museum and Educational Center in New York, New York, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘African Burial Ground 4 International Memorial Museum and Educational Center 5 Act’’. 6 SEC. 2. FINDINGS. 7 Congress finds that— 8 (1) the African Burial Ground National His- 9 toric Landmark in New York, New York, holds the 10 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1085 IS remains of up to 20,000 enslaved Africans and 1 early-generation African Americans from the colonial 2 era; 3 (2) the Africans and African Americans that 4 suffered under slavery show us the strength of the 5 human character and provide us with a model of 6 courage, commitment, and perseverance; 7 (3) as President George W. Bush stated on 8 July 8, 2003, during his remarks at Goree Island, 9 Senegal: ‘‘For 250 years the captives endured an as- 10 sault on their culture and their dignity. The spirit 11 of Africans in America did not break. . . . All the 12 generations of oppression under the laws of man 13 could not crush the hope of freedom and defeat the 14 purposes of God.’’; 15 (4) on February 27, 2006, President George W. 16 Bush established the National Monument, which was 17 comprised of the approximately 15,000-square foot 18 parcel of the National Historic Landmark that was 19 bounded by Duane and Elk Streets in Lower Man- 20 hattan; 21 (5) an international memorial museum facility 22 dedicated to those individuals who suffered the grave 23 injustice of slavery in the United States, while at the 24 same time helping to build the country, would— 25 VerDate Sep 11 2014 20:40 Apr 30, 2021 Jkt 019100 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1085 IS (A) reflect the significance of the African 1 Burial Ground; and 2 (B) help the people of the United States 3 understand the past and honor the history of all 4 people in the United States; 5 (6) in 1998, the Secretary of the Smithsonian 6 Institution— 7 (A) stated that the African Burial Ground 8 affords the perfect opportunity to gain insight 9 into— 10 (i) the institution of slavery, as prac- 11 ticed in urban, rural, northern, and south- 12 ern parts of the United States; and 13 (ii) the international slave trade; and 14 (B) proposed that a partnership be formed 15 among the Smithsonian, the National Park 16 Service, and the General Services Administra- 17 tion to further develop the African Burial 18 Ground; 19 (7) the National Museum of African American 20 History and Culture Act (20 U.S.C. 80r et seq.), 21 which authorized construction of a museum in 22 Washington, DC, identified the period of slavery as 23 one of the periods of the African-American diaspora 24 that would be encompassed by the museum; 25 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1085 IS (8) the African Burial Ground— 1 (A) is unlike any other anthropological and 2 symbolic site in the United States or the world; 3 (B) includes DNA samples from the re- 4 markably well-preserved human remains that 5 will enable researchers to trace the home 6 ‘‘roots’’ in Africa of those individuals buried at 7 the African Burial Ground; and 8 (C) provides a fitting location for a na- 9 tional memorial facility, relating to the National 10 Museum of African American History and Cul- 11 ture that would— 12 (i) pay special tribute to— 13 (I) the thousands of enslaved in- 14 dividuals who are buried at the Afri- 15 can Burial Ground; and 16 (II) all of the individuals who 17 were enslaved during the history of 18 the United States; 19 (ii) examine the African cultural tra- 20 ditions brought to the United States by the 21 enslaved; and 22 (iii) explore in-depth the institution of 23 slavery; 24 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1085 IS (9) a memorial museum at the site of the Afri- 1 can Burial Ground— 2 (A) was first recommended by a Federal 3 steering committee in 1992; and 4 (B) in conjunction with the World Trade 5 Center memorial and other nearby sites, would 6 attract millions of visitors from the United 7 States and abroad, making a substantial con- 8 tribution to the development and revitalization 9 of Lower Manhattan in response to the attacks 10 on the World Trade Center of September 11, 11 2001; 12 (10) Public Law 99–511 (100 Stat. 2080) en- 13 couraged support for the establishment of a com- 14 memorative structure within the National Park Sys- 15 tem or on other Federal land that is dedicated to the 16 promotion of understanding, knowledge, opportunity, 17 and equality for all people; 18 (11) similar to the National Museum of the Na- 19 tive American that was established by section 3(a) of 20 the National Museum of the American Indian Act 21 (20 U.S.C. 80q–1(a)), a memorial museum at the 22 site of the African Burial Ground would benefit from 23 a partnership among— 24 (A) the Federal Government; 25 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1085 IS (B) the State of New York; 1 (C) the city of New York; and 2 (D) members of the private sector; 3 (12) the African Burial Ground— 4 (A) has been determined to be nationally 5 significant as— 6 (i) a National Historic Landmark; 7 and 8 (ii) a National Monument; and 9 (B) provides an important opportunity for 10 interpretation, understanding, partnership, and 11 pride; and 12 (13) the National Park Service— 13 (A) has played an important role in the de- 14 velopment of the African Burial Ground (in- 15 cluding the designation of the African Burial 16 Ground as a National Monument); 17 (B) successfully operates other national fa- 18 cilities in the city of New York that symbolize 19 freedom and the quest for freedom in America, 20 including— 21 (i) the Statue of Liberty National 22 Monument; and 23 (ii) the Ellis Island National Monu- 24 ment; 25 VerDate Sep 11 2014 20:40 Apr 30, 2021 Jkt 019100 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1085 IS (C) provided key support to the Presi- 1 dential Study Commission for the National Mu- 2 seum of African American History and Culture; 3 and 4 (D) is well-suited to assume a leadership 5 role with respect to the creation of the Museum. 6 SEC. 3. DEFINITIONS. 7 In this Act: 8 (1) ADMINISTRATOR.—The term ‘‘Adminis- 9 trator’’ means the Administrator of the General 10 Services Administration. 11 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 12 Council’’ means the African Burial Ground Advisory 13 Council established by section 7(a). 14 (3) CITY.—The term ‘‘City’’ means the city of 15 New York, New York. 16 (4) EXPANSION PROPERTY.—The term ‘‘expan- 17 sion property’’ means the property that is acquired 18 by the Secretary under section 5(a). 19 (5) MUSEUM.—The term ‘‘Museum’’ means the 20 African Burial Ground International Memorial Mu- 21 seum and Educational Center established by section 22 4(a). 23 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1085 IS (6) NATIONAL LANDMARK.—The term ‘‘Na- 1 tional Landmark’’ means the African Burial Ground 2 National Historic Landmark in the City. 3 (7) NATIONAL MONUMENT.—The term ‘‘Na- 4 tional Monument’’ means the African Burial Ground 5 National Monument in the City. 6 (8) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of the Interior, acting through the Di- 8 rector of the National Park Service. 9 (9) STATE.—The term ‘‘State’’ means the State 10 of New York. 11 SEC. 4. ESTABLISHMENT OF MUSEUM. 12 (a) ESTABLISHMENT.—There is established at the 13 National Monument a memorial museum and educational 14 center, to be known as the ‘‘African Burial Ground Inter- 15 national Memorial Museum and Educational Center’’. 16 (b) PURPOSES.—The purposes of the Museum are— 17 (1) to serve as a permanent living memorial— 18 (A) to the enslaved who are buried at the 19 African Burial Ground; and 20 (B) to other Africans and African Ameri- 21 cans who were enslaved; 22 (2) to examine the African cultural traditions 23 brought to the United States by the enslaved; 24 VerDate Sep 11 2014 20:40 Apr 30, 2021 Jkt 019100 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1085 IS (3) to explore in-depth the institution of slavery 1 in the United States and other parts of the world; 2 (4) to provide a space for— 3 (A) permanent and temporary exhibits; 4 and 5 (B) the collection and study of artifacts 6 and documents; and 7 (5) to encourage collaboration between the Mu- 8 seum and the National Museum of African American 9 History and Culture, other museums, historically 10 Black colleges and universities, historical societies, 11 educational institutions, and other appropriate enti- 12 ties and organizations, including collaboration with 13 respect to— 14 (A) the development of cooperative pro- 15 grams and exhibitions, including through dig- 16 ital, electronic, and interactive technologies; 17 (B) the identification, management, and 18 care of Museum collections; and 19 (C) the training of Museum and National 20 Park Service professionals and other persons 21 concerned with heritage preservation. 22 (c) ASSOCIATION WITH NATIONAL MUSEUM.—The 23 Museum shall become associated with the National Mu- 24 seum of African American History and Culture, in a man- 25 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1085 IS ner to be determined by the Secretary, in consultation with 1 the Advisory Council and the Board of Regents of the 2 Smithsonian Institution. 3 SEC. 5. SITE ACQUISITION AND DEVELOPMENT. 4 (a) IN GENERAL.—The Secretary, in consultation 5 with the Administrator, the Secretary of the Smithsonian 6 Institution, the City, the State, and the Advisory Council, 7 shall— 8 (1) acquire for the Museum property that is lo- 9 cated— 10 (A) adjacent to the National Monument; or 11 (B) in any other area of the National 12 Landmark other than the location described in 13 subparagraph (A); and 14 (2) plan, design, and construct the Museum on 15 the property acquired under paragraph (1). 16 (b) FEDERAL SHARE.—The Secretary shall pay 2⁄3 17 of the total costs of— 18 (1) acquiring property for the Museum; and 19 (2) planning, designing, constructing, recon- 20 structing, and renovating, as applicable, the Mu- 21 seum. 22 (c) CONTRACTING AUTHORITY.— 23 (1) IN GENERAL.—The Secretary and the Ad- 24 ministrator may enter into any agreements with 25 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1085 IS each other, the City, the State, and other parties 1 that are necessary for the acquisition, by donation or 2 other means, of property for— 3 (A) establishing the Museum; and 4 (B) planning, designing, constructing, re- 5 constructing, and renovating, as applicable, the 6 Museum. 7 (2) SITE ACQUISITION.—The Secretary may ac- 8 quire property under subsection (a)(1) by purchase, 9 long-term lease, or any other appropriate means of 10 acquisition, as determined by the Secretary. 11 (d) EXPANSION OF NATIONAL MONUMENT.—The ex- 12 pansion property is incorporated in, and shall be managed 13 as part of, the National Monument. 14 SEC. 6. OPERATION OF THE MUSEUM. 15 (a) IN GENERAL.—The Secretary, in consultation 16 with the Advisory Council, shall operate the Museum. 17 (b) AUTHORITIES.—The Secretary, in consultation 18 with the Advisory Council, may— 19 (1) purchase, accept, borrow, and otherwise ac- 20 quire artifacts for the collections of the Museum; 21 (2) loan, exchange, sell, and otherwise dispose 22 of any part of the collections of the Museum, if the 23 proceeds of the disposition are used for additions to 24 the collections of the Museum; 25 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1085 IS (3) specify criteria with respect to the use of 1 the collections and resources of the Museum, includ- 2 ing policies on programming, education, exhibitions, 3 and research; 4 (4) provide for preservation, restoration, and 5 maintenance of the collections of the Museum; 6 (5) solicit, accept, use, and dispose of gifts, be- 7 quests, and devises of real and personal property for 8 the purpose of facilitating the work of the Museum; 9 (6) contract with such parties as may be nec- 10 essary to facilitate the operation of the Museum; 11 (7) administer the National Monument as a 12 unit of the National Park System in accordance 13 with— 14 (A) this Act; and 15 (B) the laws generally applicable to units 16 of the National Park System, including applica- 17 ble provisions of division A of subtitle I of title 18 54, United States Code; and 19 (8) conduct any other activities that are nec- 20 essary to carry out the purposes of this Act. 21 SEC. 7. ADVISORY COUNCIL. 22 (a) ESTABLISHMENT.—There is established within 23 the Department of the Interior an advisory council to be 24 known as the ‘‘African Burial Ground Advisory Council’’. 25 VerDate Sep 11 2014 01:40 Apr 27, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1085.IS S1085 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1085 IS (b) MEMBERSHIP.— 1 (1) COMPOSITION.—The Advisory Council shall 2 be composed of the following members or their des- 3 ignees: 4 (A) The Secretary, who shall serve as 5 Chairperson of the Advisory Council. 6 (B) The Director of the National Park 7 Service. 8 (C) The Secretary of the Smithsonian In- 9 stitution. 10 (D) The Administrator. 11 (E) The Governor of the State. 12 (F) Th [Text truncated for display. Full text available on Congress.gov.]