[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 929 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 929

To provide for the establishment of a National Military Museum, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 1999

Mr. Robb (for himself, Mrs. Hutchison, Mr. Kerrey, Mr. Hagel, Mr. Reed, 
     Mr. Smith of New Hampshire, Mr. Cleland, Mr. Abraham, and Mr. 
  Hutchinson) introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of a National Military Museum, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Military Museum Act''.

SEC. 2. NATIONAL MILITARY MUSEUM FOUNDATION.

    (a) Establishment.--(1) Part B of subtitle II of title 36, United 
States Code, is amended by inserting after chapter 1519 the following 
new chapter:

          ``CHAPTER 1520--NATIONAL MILITARY MUSEUM FOUNDATION

``Sec.
``151951. Establishment.
``151952. Purpose.
``151953. Membership.
``151954. Governing body.
``151955. Organizational matters.
``151956. Officers and employees.
``151957. Powers.
``151958. Duty to maintain tax-exempt status.
``151959. Records and inspection.
``151960. Service of process.
``151961. Liability for acts of officers and agents.
``151962. Annual report.
``Sec. 151951. Establishment
    ``There is established a nonprofit corporation to be known as the 
`National Military Museum Foundation' (in this chapter referred to as 
the `Foundation'). The Foundation is not an agency or instrumentality 
of the United States.
``Sec. 151952. Purpose
    ``(a) In General.--The Foundation shall have as its purpose to 
provide for the location, design, construction, and operation and 
maintenance of a national museum in the National Capital area for 
honoring the service to the United States of the members of the Armed 
Forces. The museum shall be known as the `National Military Museum'.
    ``(b) Discharge of Certain Responsibilities.--The Foundation shall 
provide for the location, design, and construction of the museum in 
accordance with the provisions of section 3 of the National Military 
Museum Act.
``Sec. 151953. Membership
    ``Eligibility for membership in the Foundation and the rights and 
privileges of members shall be as provided in the bylaws of the 
Foundation.
``Sec. 151954. Governing body
    ``(a) Board of Directors.--The Foundation shall have a board of 
directors composed of 10 individuals appointed from among individuals 
who have an expertise in military or museum matters, of whom--
            ``(1) six shall be appointed by the President;
            ``(2) one shall be appointed by the Chairman of the 
        Committee on Armed Services of the Senate;
            ``(3) one shall be appointed by the Ranking Member of the 
        Committee on Armed Services of the Senate;
            ``(4) one shall be appointed by the Chairman of the 
        Committee on Armed Services of the House of Representatives; 
        and
            ``(5) one shall be appointed by the Ranking Member of the 
        Committee on Armed Services of the House of Representatives.
    ``(b) Ex Officio Members.--The following shall be ex officio 
members of the board of directors:
            ``(1) The Secretary of Defense.
            ``(2) The Secretary of the Army.
            ``(3) The Secretary of the Navy.
            ``(4) The Secretary of the Air Force.
            ``(5) The Commandant of the Marine Corps.
            ``(6) The Commandant of the Coast Guard.
            ``(7) The Secretary of the Smithsonian Institution.
            ``(8) The Chairman of the National Capital Planning 
        Commission.
            ``(9) The Chairperson of the Commission of Fine Arts.
            ``(10) The Chairman of the County Board of Arlington 
        County, Virginia.
    ``(c) Original Chairperson.--The President shall designate one of 
the individuals first appointed to the board of directors under 
subsection (a)(1) as the chairperson of the board of directors.
    ``(d) Additional Matters.--The terms, method of further 
appointment, and responsibilities of the board of directors shall be as 
provided for in the articles of incorporation of the Foundation.
``Sec. 151955. Organizational matters
    ``The members of the board of directors first appointed under 
section 151954 of this title shall--
            ``(1) adopt a constitution and bylaws for the Foundation;
            ``(2) serve as incorporators of the Foundation; and
            ``(3) take whatever other actions the Board determines 
        appropriate in order to establish the Foundation as a nonprofit 
        corporation.
``Sec. 151956. Officers and employees
    ``(a) Executive Director and Other Officers.--The Foundation shall 
have an executive director appointed by the board of directors and such 
other officers as the board of directors may appoint. The executive 
director and other officers of the Foundation shall be compensated at 
rates fixed by the board of directors and shall serve at the pleasure 
of the board of directors.
    ``(b) Employees.--Subject to the approval of the board of 
directors, the Foundation may employ such individuals, and at such 
rates of compensation, as the executive director determines 
appropriate.
    ``(c) Volunteers.--Subject to the approval of the board of 
directors, the Foundation may accept the services of volunteers in the 
performance of the functions of the Foundation.
``Sec. 151957. Powers
    ``(a) In General.--In order to carry out its purpose under this 
chapter, the Foundation is authorized to--
            ``(1) accept, hold, administer, invest, and spend any gift, 
        devise, or bequest of real or personal property made to the 
        Foundation;
            ``(2) enter into contracts with individuals, public or 
        private organizations, professional societies, and government 
        agencies for the purpose of carrying out the activities of the 
        Foundation; and
            ``(3) enter into such other contracts, leases, cooperative 
        agreements, and other transactions at the executive director of 
        the Foundation considers appropriate to carry out its 
        activities.
    ``(b) Deposit of Funds.--The Foundation shall provide for the 
deposit of any monetary gift, devise, or bequest under subsection (a), 
and any investment or other income under that subsection, in an 
appropriate depository institution.
    ``(c) Tax Treatment of Gifts.--Gifts, bequests, or devises to the 
Foundation under this chapter shall be free of all taxes imposed by the 
United States Government.
    ``(d) Publications.--The Foundation may publish and sell to the 
public catalogs, handbooks, drawings and photographs, pamphlets, 
guidebooks, and other materials relating to the collection of the 
National Military Museum.
    ``(e) Limitations.--(1) The Foundation shall have only the powers 
provided in its bylaws and articles of incorporation.
    ``(2) The Foundation may use only funds received by the Foundation 
under subsection (a) (including funds contributed to the Foundation 
under section 4 of the National Military Museum Act), income derived 
from the investment of such funds and from other property received by 
the Foundation under that subsection, and proceeds of the sale of 
materials under subsection (d) for purposes of its activities.
``Sec. 151958. Duty to maintain tax-exempt status
    ``The Foundation shall maintain its status as an organization 
exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 
1 et seq.).
``Sec. 151959. Records and inspection
    ``(a) Records.--The Foundation shall keep--
            ``(1) correct and complete records of account;
            ``(2) minutes of the proceedings of its members, board of 
        directors, and committees having any of the authority of its 
        board of directors; and
            ``(3) at its principal office, a record of the names and 
        addresses of its members entitled to vote in matters relating 
        to the Foundation.
    ``(b) Inspection.--A member entitled to vote in matters relating to 
the Foundation, or an agent or attorney of the member, may inspect the 
records of the Foundation for any proper purpose at any reasonable 
time.
``Sec. 151960. Service of process
    ``The Foundation shall comply with the law on service of process of 
each State in which it is incorporated and each State in which it 
carries out activities.
``Sec. 151961. Liability for acts of officers and agents
    ``The Foundation shall be liable for the acts of its officers and 
agents acting within the scope of their authority.
``Sec. 151962. Annual report
    ``The Foundation shall submit to Congress an annual report on the 
activities of the Foundation during the prior fiscal year. The report 
shall be submitted at the same time as the report of the audit required 
by section 10101 of this title. The report shall not be printed as a 
public document.''.
    (2) The table of chapters at the beginning of subtitle II of title 
36, United States Code, is amended by inserting after the item relating 
to chapter 1519 the following:

``1520. NATIONAL MILITARY MUSEUM FOUNDATION.................  151951''.
    (b) Detail of Government Employees.--Any Federal Government 
employee (including any member of the Armed Forces) may be detailed to 
the National Military Museum Foundation established under chapter 1520 
of title 36, United States Code (as added by subsection (a)), without 
reimbursement, and such detail shall be without interruption or loss of 
status or privilege.

SEC. 3. NATIONAL MILITARY MUSEUM.

    (a) In General.--(1) The National Military Museum Foundation (in 
this section referred to as the ``Foundation'') established under 
chapter 1520 of title 36, United States Code (as added by section 2(a) 
of this Act), shall provide for the location, design, and construction 
of a national museum in the National Capital area for purposes of 
honoring the service to the United States of the members of the Armed 
Forces.
    (2) The museum shall be known as the ``National Military Museum'' 
(in this section referred to as the ``Museum'').
    (b) Purposes of Museum.--(1) The Museum shall have the following 
purposes:
            (A) To provide a location in the National Capital area for 
        the display of, and interaction with, artifacts and 
        representations of the Armed Forces and of the wars in which 
        the United States has been engaged.
            (B) To honor the service to the United States of the active 
        and reserve members of the Armed Forces and the veterans of the 
        United States.
            (C) To educate current and future generations regarding the 
        Armed Forces and the sacrifices of members of the Armed Forces 
        and the Nation in furtherance of the defense of freedom.
            (D) To foster public pride in the achievements and 
        activities of the Armed Forces.
    (2) The Museum may not serve as a repository for Federal Government 
archives.
    (c) Location.--(1) The Museum shall be located at an appropriate 
site selected by the Foundation on one or more of the parcels of real 
property described in paragraph (2), or portions thereof, to the extent 
that such parcels, or portions thereof, are currently held by the 
Secretary of Defense or acquired by the Secretary under subsection (d).
    (2) The parcels referred to in paragraph (1) are parcels of real 
property located in Arlington, Virginia, as follows:
            (A) A parcel comprising approximately 27 acres bounded by 
        Columbia Pike to the south and east, the rear property line of 
        the residential properties fronting Oak Street to the west, and 
        the boundary wall (including Southgate Road) of Arlington 
        National Cemetery to the north.
            (B) A parcel comprising approximately 26 acres bounded by 
        Shirley Memorial Boulevard (Interstate Route 395) to the south, 
        the western edge of the property of the Department of 
        Transportation of the Commonwealth of Virginia to the west, 
        Columbia Pike to the north, and the access road to Shirley 
        Memorial Boulevard immediately east of Joyce Street to the 
        east.
    (3)(A) The boundaries of the parcels of real property selected as 
the site of the Museum under paragraph (1) shall be subject to the 
approval of the Secretary and of the County Board of Arlington County, 
Virginia.
    (B) If any parcels of real property selected as the site of the 
Museum under paragraph (1) include real property owned by the 
Commonwealth of Virginia, the boundaries of the parcels of real 
property selected as the site of the Museum shall also be subject to 
the approval of the Commonwealth of Virginia.
    (d) Acquisition and Availability of Real Property.--(1) If a 
department or agency of the Federal Government (other than the 
Department of Defense) has jurisdiction over any parcel, or portion 
thereof, selected as the site of the Museum under subsection (c), the 
head of such department or agency shall transfer jurisdiction over such 
parcel, or portion thereof, to the Secretary of Defense not later than 
three years after the date of the enactment of this Act.
  (2) Not later than 60 days after the date of the submittal to 
Congress of the assessment required by subsection (e)(3), the Secretary 
shall take appropriate action--
            (A) to acquire all right, title, and interest of Arlington 
        County, Virginia, in and to any parcel selected as the site of 
        the Museum under subsection (c), or portion thereof, that is 
        owned by or otherwise under the jurisdiction of the County 
        Board of Arlington County, Virginia; and
            (B) to acquire all right, title, and interest of the 
        Commonwealth of Virginia in and to any parcel so selected, or 
        portion thereof, that is owned by or otherwise under the 
        jurisdiction of the Commonwealth of Virginia.
    (3) The Secretary may acquire an interest in real property under 
subparagraph (A) or (B) of paragraph (2) only with the consent of the 
County Board of Arlington County, Virginia, or the Commonwealth of 
Virginia, as the case may be.
    (4) If the acquisition of real property under paragraph (2)(B) 
requires the relocation of any materiel, personnel, or activities of 
the Commonwealth of Virginia, including the Department of 
Transportation of the Commonwealth of Virginia, the Foundation may 
reimburse the Commonwealth of Virginia for the costs of such 
relocation.
    (5) If the transfer or acquisition of real property under this 
subsection requires the relocation or modification of any major 
roadway, the relocation or modification of such roadway shall be 
carried out in accordance with a memorandum of understanding entered 
into by the Foundation, the Secretary, the Commonwealth of Virginia, 
and the County Board of Arlington County, Virginia. The memorandum of 
understanding shall allocate the costs of the relocation or 
modification of such roadway among the parties to the memorandum of 
understanding.
    (6) Funds for any reimbursement by the Foundation under paragraph 
(4), or any cost of the Foundation under paragraph (5), shall be 
derived from funds received by the Foundation under chapter 1520 of 
title 36, United States Code, other than funds contributed to the 
Foundation under section 7(b) of this Act.
    (7) The Secretary shall make available to the Foundation for 
purposes of the Museum any property held by, transferred to, or 
acquired by the Secretary under paragraph (1) or (2) that is selected 
as the site of the Museum under subsection (c).
    (e) Preliminary Assessment of Museum.--(1) Not later than 18 months 
after the date of the enactment of this Act, the Foundation shall 
submit to Congress and the Comptroller General a report setting forth--
            (A) a preliminary design for the Museum;
            (B) an assessment of the effects of the Museum contemplated 
        in the design on the environment, facilities, and roadways in 
        the vicinity of the area covered by the design;
            (C) a recommendation for the governing structure of the 
        Museum, including an assessment whether or not the Museum 
        should be within the Smithsonian Institution;
            (D) an assessment whether or not it is likely that the 
        Foundation will raise funds that are sufficient to defray the 
        costs of the construction and operation of the Museum, 
        including a description of any proposed fundraising activities 
        of the Foundation and the anticipated levels of donations to 
        the Foundation for each year from 2000 through 2032; and
            (E) an assessment of the practicability and advisability of 
        the proposed dates for the commencement and completion of 
        construction of the Museum set forth in subsection (f).
    (2)(A) The preliminary design under paragraph (1)(A) shall include 
an architectural plan for the Museum (including any proposed 
furnishings, displays, parking, and landscaping), a schedule for 
construction of the Museum, and an estimate of the costs of 
construction of the Museum.
    (B) In preparing the preliminary design, the Foundation shall take 
into account the following:
            (i) The use of at least 15 acres of the parcels described 
        in subsection (c)(2) for purposes of the expansion of Arlington 
        National Cemetery, Virginia.
            (ii) The use of at least two acres of such parcels for 
        purposes of the Air Force Memorial, but only if such parcels 
        are selected as the location of the Air Force Memorial.
            (iii) The use of at least two acres of such parcels for 
        purposes specified by the County Board of Arlington County, 
        Virginia.
    (3) Not later than 7 months after the date of the submittal of the 
report under paragraph (1), the Comptroller General shall submit to 
Congress an assessment of the matters set forth in the report.
    (f) Construction of Museum.--(1) The Secretary of Defense shall 
carry out the demolition and clearing of any structures located on the 
parcels described in subsection (c) that are selected as the location 
of the Museum under that subsection not later than December 31, 2017.
    (2) The Secretary shall carry out any environmental restoration or 
remediation required with respect to any parcels referred to in 
paragraph (1) that are under the jurisdiction of the Department of 
Defense as of the date of the enactment of this Act.
    (3) The Foundation shall ensure commencement of the construction of 
the Museum under this section not later than March 1, 2018, and shall 
ensure completion of the construction of the Museum not later than 
March 1, 2022.
    (g) Applicability of State and Local Land-Use Requirements.--(1) 
The construction and operation of the Museum shall be subject to the 
site planning, zoning, and other land-use requirements of Arlington 
County, Virginia, and of the Commonwealth of Virginia.
    (2) The Foundation shall enter into a memorandum of understanding 
with Arlington County, Virginia, and the Commonwealth of Virginia which 
specifies the manner in which the Foundation shall comply with the 
requirements referred to in paragraph (1) in the construction and 
operation of the Museum.

SEC. 4. FUNDRAISING ACTIVITIES.

    (a) In General.--The National Military Museum Foundation 
established under chapter 1520 of title 36, United States Code (as 
added by section 2(a) of this Act), shall be responsible for securing 
funds for its activities under such chapter 1520 and this Act.
    (b) Authority To Accept Funds From Federal Government.--The 
Foundation may accept funds from the Federal Government for purposes of 
the activities referred to in subsection (a).
    (c) Preparations for Activities.--The Foundation may carry out 
preparations for fundraising activities for purposes of the activities 
referred to in subsection (a) commencing as of the date of its 
incorporation under such chapter 1520.
    (d) Acceptance of Donations.--(1) The Foundation may accept 
unsolicited donations for purposes of the activities referred to in 
subsection (a) commencing as of the date referred to in subsection (c).
    (2) The Foundation may not solicit donations for purposes of such 
activities until the date that is nine months after the date of the 
submittal to Congress of the report required by section 3(e)(1) of this 
Act.
    (e) Deadline for Raising Portion of Construction Amount.--Not later 
than December 31, 2015, the Foundation shall secure an amount equal to 
not less than 75 percent of the estimated cost of the construction of 
the Museum as of such date.

SEC. 5. TRANSFER OR LOAN OF MILITARY ARTIFACTS.

    (a) Authority.--The head of any department or agency of the Federal 
Government may transfer, loan, or otherwise provide the National 
Military Museum Foundation established under chapter 1520 of title 36, 
United States Code (as added by section 2(a) of this Act), any military 
artifact, memorabilia, or other materiel that the head of the 
department or agency and the Foundation consider appropriate for 
display at the National Military Museum established under section 3 of 
this Act.
    (b) Display.--The National Military Museum Foundation may display 
at the National Military Museum any artifact, memorabilia, or other 
materiel transferred, loaned, or provided to the Foundation under 
subsection (a). Such display shall be in accordance with any terms or 
conditions imposed by the head of the department or agency 
transferring, loaning, or providing the artifact, memorabilia, or 
materiel concerned.

SEC. 6. SENSE OF CONGRESS REGARDING POTENTIAL ESTABLISHMENT OF NATIONAL 
              MILITARY MUSEUM WITHIN SMITHSONIAN INSTITUTION.

    If the National Military Museum Foundation established under 
chapter 1520 of title 36, United States Code (as added by section 2(a) 
of this Act), recommends under section 3(e)(1)(C) of this Act that the 
National Military Museum be within the Smithsonian Institution, it is 
the sense of Congress that--
            (1) the Museum be placed within the Smithsonian 
        Institution; and
            (2) the board of directors of the Foundation become an 
        advisory board for the Museum, with the Chairman of the County 
        Board of Arlington County, Virginia, as an ex officio member of 
        such advisory board.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is hereby authorized to 
be appropriated for the Department of Defense for fiscal year 2000, 
$48,000,000 for purposes of a contribution of funds to the National 
Military Museum Foundation established under chapter 1520 of title 36, 
United States Code (as added by section 2(a) of this Act).
    (b) Availability of Funds.--(1) Subject to paragraphs (2) and (3), 
funds appropriated pursuant to the authorization of appropriations in 
subsection (a) shall be available for a contribution to the Foundation 
for its activities under such chapter 1520 and under this Act.
    (2) Of the funds made available to the Foundation under paragraph 
(1), $4,000,000 shall be available only for purposes of the report 
required by section 3(e)(1) of this Act.
    (3) Of the funds made available to the Foundation under paragraph 
(1), $44,000,000 shall be available only for the design and 
construction of the National Military Museum by the Foundation, and 
shall be available for that purpose only after the date that is nine 
months after the date of the submittal to Congress of the report 
referred to in paragraph (2).
                                 <all>