African Burial Ground International Memorial Museum and Educational Center Act

II 116TH CONGRESS 1ST SESSION S. 522 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 FEBRUARY 14, 2019 Mrs. GILLIBRAND (for herself and Mr. SCHUMER) 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 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 2 •S 522 IS (1) the African Burial Ground National His- 1 toric Landmark in New York, New York, holds the 2 remains of up to 20,000 enslaved Africans and 3 early-generation African-Americans from the colonial 4 era; 5 (2) the Africans and African-Americans that 6 suffered under slavery show us the strength of the 7 human character and provide us with a model of 8 courage, commitment, and perseverance; 9 (3) as President George W. Bush stated on 10 July 8, 2003, during his remarks at Goree Island, 11 Senegal: ‘‘For 250 years the captives endured an as- 12 sault on their culture and their dignity. The spirit 13 of Africans in America did not break. . . . All the 14 generations of oppression under the laws of man 15 could not crush the hope of freedom and defeat the 16 purposes of God.’’; 17 (4) on February 27, 2006, President George W. 18 Bush established the National Monument, which was 19 comprised of the approximately 15,000-square foot 20 parcel of the National Historic Landmark that was 21 bounded by Duane and Elk Streets in Lower Man- 22 hattan; 23 (5) an international memorial museum facility 24 dedicated to those individuals who suffered the grave 25 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 3 •S 522 IS injustice of slavery in the United States, while at the 1 same time helping to build the country, would— 2 (A) reflect the significance of the African 3 Burial Ground; and 4 (B) help the people of the United States 5 understand the past and honor the history of all 6 people in the United States; 7 (6) in 1998, the Secretary of the Smithsonian 8 Institution— 9 (A) stated that the African Burial Ground 10 affords the perfect opportunity to gain insight 11 into— 12 (i) the institution of slavery, as prac- 13 ticed in urban, rural, northern, and south- 14 ern parts of the United States; and 15 (ii) the international slave trade; and 16 (B) proposed that a partnership be formed 17 among the Smithsonian, the National Park 18 Service, and the General Services Administra- 19 tion to further develop the African Burial 20 Ground; 21 (7) the National Museum of African American 22 History and Culture Act (20 U.S.C. 80r et seq.), 23 which authorized construction of a museum in 24 Washington, DC, identified the period of slavery as 25 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 4 •S 522 IS one of the periods of the African-American diaspora 1 that would be encompassed by the museum; 2 (8) the African Burial Ground— 3 (A) is unlike any other anthropological and 4 symbolic site in the United States or the world; 5 (B) includes DNA samples from the re- 6 markably well-preserved human remains that 7 will enable researchers to trace the home 8 ‘‘roots’’ in Africa of those individuals buried at 9 the African Burial Ground; and 10 (C) provides a fitting location for a na- 11 tional memorial facility, relating to the National 12 Museum of African American History and Cul- 13 ture that would— 14 (i) pay special tribute to— 15 (I) the thousands of enslaved in- 16 dividuals who are buried at the Afri- 17 can Burial Ground; and 18 (II) all of the individuals who 19 were enslaved during the history of 20 the United States; 21 (ii) examine the African cultural tra- 22 ditions brought to the United States by the 23 enslaved; and 24 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 5 •S 522 IS (iii) explore in-depth the institution of 1 slavery; 2 (9) a memorial museum at the site of the Afri- 3 can Burial Ground— 4 (A) was first recommended by a Federal 5 steering committee in 1992; and 6 (B) in conjunction with the World Trade 7 Center memorial and other nearby sites, would 8 attract millions of visitors from the United 9 States and abroad, making a substantial con- 10 tribution to the development and revitalization 11 of Lower Manhattan in response to the attacks 12 on the World Trade Center of September 11, 13 2001; 14 (10) Public Law 99–511 (100 Stat. 2080) en- 15 couraged support for the establishment of a com- 16 memorative structure within the National Park Sys- 17 tem or on other Federal land that is dedicated to the 18 promotion of understanding, knowledge, opportunity, 19 and equality for all people; 20 (11) similar to the National Museum of the Na- 21 tive American that was established by section 3(a) of 22 the National Museum of the American Indian Act 23 (20 U.S.C. 80q–1(a)), a memorial museum at the 24 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 6 •S 522 IS site of the African Burial Ground would benefit from 1 a partnership among— 2 (A) the Federal Government; 3 (B) the State of New York; 4 (C) the city of New York; and 5 (D) members of the private sector; 6 (12) the African Burial Ground— 7 (A) has been determined to be nationally 8 significant as— 9 (i) a National Historic Landmark; 10 and 11 (ii) a National Monument; and 12 (B) provides an important opportunity for 13 interpretation, understanding, partnership and 14 pride; and 15 (13) the National Park Service— 16 (A) has played an important role in the de- 17 velopment of the African Burial Ground (in- 18 cluding the designation of the African Burial 19 Ground as a National Monument); 20 (B) successfully operates other national fa- 21 cilities in the city of New York that symbolize 22 freedom and the quest for freedom in America, 23 including— 24 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 7 •S 522 IS (i) the Statue of Liberty National 1 Monument; and 2 (ii) the Ellis Island National Monu- 3 ment; 4 (C) provided key support to the Presi- 5 dential Study Commission for the National Mu- 6 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 ‘‘Adminis- 13 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 ‘‘expan- 21 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 Mu- 25 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 8 •S 522 IS seum and Educational Center established by section 1 4(a). 2 (6) NATIONAL LANDMARK.—The term ‘‘Na- 3 tional Landmark’’ means the African Burial Ground 4 National Historic Landmark in the City. 5 (7) NATIONAL MONUMENT.—The term ‘‘Na- 6 tional Monument’’ means the African Burial Ground 7 National Monument in the City. 8 (8) SECRETARY.—The term ‘‘Secretary’’ means 9 the Secretary of the Interior, acting through the Di- 10 rector of the National Park Service. 11 (9) STATE.—The term ‘‘State’’ means the State 12 of New York. 13 SEC. 4. ESTABLISHMENT OF MUSEUM. 14 (a) ESTABLISHMENT.—There is established at the 15 National Monument a memorial museum and educational 16 center, to be known as the ‘‘African Burial Ground Inter- 17 national Memorial Museum and Educational Center’’. 18 (b) PURPOSES.—The purposes of the Museum are— 19 (1) to serve as a permanent living memorial— 20 (A) to the enslaved who are buried at the 21 African Burial Ground; and 22 (B) to other Africans and African-Ameri- 23 cans who were enslaved; 24 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 9 •S 522 IS (2) to examine the African cultural traditions 1 brought to the United States by the enslaved; 2 (3) to explore in-depth the institution of slavery 3 in the United States and other parts of the world; 4 (4) to provide a space for— 5 (A) permanent and temporary exhibits; 6 and 7 (B) the collection and study of artifacts 8 and documents; and 9 (5) to encourage collaboration between the Mu- 10 seum and the National Museum of African American 11 History and Culture, other museums, historically 12 Black colleges and universities, historical societies, 13 educational institutions, and other appropriate enti- 14 ties and organizations, including collaboration with 15 respect to— 16 (A) the development of cooperative pro- 17 grams and exhibitions, including through dig- 18 ital, electronic, and interactive technologies; 19 (B) the identification, management, and 20 care of Museum collections; and 21 (C) the training of Museum and National 22 Park Service professionals and other persons 23 concerned with heritage preservation. 24 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 10 •S 522 IS (c) ASSOCIATION WITH NATIONAL MUSEUM.—The 1 Museum shall become associated with the National Mu- 2 seum of African American History and Culture, in a man- 3 ner to be determined by the Secretary, in consultation with 4 the Advisory Council and the Board of Regents of the 5 Smithsonian Institution. 6 SEC. 5. SITE ACQUISITION AND DEVELOPMENT. 7 (a) IN GENERAL.—The Secretary, in consultation 8 with the Administrator, the Secretary of the Smithsonian 9 Institution, the City, the State, and the Advisory Council, 10 shall— 11 (1) acquire for the Museum property that is lo- 12 cated— 13 (A) adjacent to the National Monument; or 14 (B) in any other area of the National 15 Landmark other than the location described in 16 subparagraph (A); and 17 (2) plan, design, and construct the Museum on 18 the property acquired under paragraph (1). 19 (b) FEDERAL SHARE.—The Secretary shall pay 2⁄3 20 of the total costs of— 21 (1) acquiring property for the Museum; and 22 (2) planning, designing, constructing, recon- 23 structing, and renovating, as applicable, the Mu- 24 seum. 25 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 11 •S 522 IS (c) CONTRACTING AUTHORITY.— 1 (1) IN GENERAL.—The Secretary and the Ad- 2 ministrator may enter into any agreements with 3 each other, the City, the State, and other parties 4 that are necessary for the acquisition, by donation or 5 other means, of property for— 6 (A) establishing the Museum; and 7 (B) planning, designing, constructing, re- 8 constructing, and renovating, as applicable, the 9 Museum. 10 (2) SITE ACQUISITION.—The Secretary may ac- 11 quire property under subsection (a)(1) by purchase, 12 long-term lease, or any other appropriate means of 13 acquisition, as determined by the Secretary. 14 (d) EXPANSION OF NATIONAL MONUMENT.—The ex- 15 pansion property is incorporated in, and shall be managed 16 as part of, the National Monument. 17 SEC. 6. OPERATION OF THE MUSEUM. 18 (a) IN GENERAL.—The Secretary, in consultation 19 with the Advisory Council, shall operate the Museum. 20 (b) AUTHORITIES.—The Secretary, in consultation 21 with the Advisory Council, may— 22 (1) purchase, accept, borrow, and otherwise ac- 23 quire artifacts for the collections of the Museum; 24 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 12 •S 522 IS (2) loan, exchange, sell, and otherwise dispose 1 of any part of the collections of the Museum, if the 2 proceeds of the disposition are used for additions to 3 the collections of the Museum; 4 (3) specify criteria with respect to the use of 5 the collections and resources of the Museum, includ- 6 ing policies on programming, education, exhibitions, 7 and research; 8 (4) provide for preservation, restoration, and 9 maintenance of the collections of the Museum; 10 (5) solicit, accept, use, and dispose of gifts, be- 11 quests, and devises of real and personal property for 12 the purpose of facilitating the work of the Museum; 13 (6) contract with such parties as may be nec- 14 essary to facilitate the operation of the Museum; 15 (7) administer the National Monument as a 16 unit of the National Park System in accordance 17 with— 18 (A) this Act; and 19 (B) the laws generally applicable to units 20 of the National Park System, including applica- 21 ble provisions of division A of subtitle I of title 22 54, United States Code; and 23 (8) conduct any other activities that are nec- 24 essary to carry out the purposes of this Act. 25 VerDate Sep 11 2014 04:03 Feb 23, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S522.IS S522 kjohnson on DSK79L0C42 with BILLS 13 •S 522 IS SEC. 7. ADVISORY COUNCIL. 1 (a) ESTABLISHMENT.—There is established within 2 the Department of the Interior an advisory council to be 3 known as the ‘‘African Burial Ground Advisory Council’’. 4 (b) MEMBERSHIP.— 5 (1) COMPOSITION.—The Advisory Council shall 6 be composed of the following members or their des- 7 ignees: 8 (A) The Secretary, who shall serve as 9 Chairperson of the Advisory Council. 10 (B) The Director of the National Park 11 Service. 12 (C) The Secretary of the Smithsonian In- 13 stitution. 14 (D) The Administrator. 15 (E) The Governor of the State. 16 (F) The Mayor of the City. 17 (G) The President of the B [Text truncated for display. Full text available on Congress.gov.]