[Senate Report 106-330]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 664
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-330

======================================================================



 
                  NATIONAL LAW ENFORCEMENT MUSEUM ACT

                                _______
                                

                 July 10, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1438]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1438) to establish the National Law 
Enforcement Museum on Federal land in the District of Columbia, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SEC. 1. SHORT TITLE.

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

SEC. 2. FINDING.

    Congress finds that there should be established a National Law 
Enforcement Museum to honor an commemorate the service and sacrifice of 
law enforcement officers in the United States.

SEC. 3. DEFINITIONS.

    In this Act:
           (1) Memorial fund.--The term ``Memorial Fund'' means the 
        National Law Enforcement Officers Memorial Fund, Inc.
           (2) Museum.--The term ``Museum'' means the National Law 
        Enforcement Museum established under section 4(a).
           (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 4. NATIONAL LAW ENFORCEMENT MUSEUM.

    (a) Establishment.--The Memorial Fund may construct a National Law 
Enforcement Museum on Federal land located on United States Reservation 
#7, on the property directly south of the National Law Enforcement 
Officers Memorial, bounded by--
           (1) E Street, NW., on the north;
           (2) 5th Street, NW., on the west;
           (3) 4th Street, NW., on the east; and
           (4) Indiana Avenue, NW., on the south.
    (b) Design and Plans.--
           (1) In general.--In carrying out subsection (a), the 
        Memorial Fund shall be responsible for preparation of the 
        design and plans for the Museum.
           (2) Approval.--The design and plans for the Museum shall be 
        subject to the approval of--
                   (A) the Secretary;
                   (B) the Commission of Fine Arts; and
                   (C) the National Capital Planning Commission.
           (3) Design requirement.--The Museum shall be designed so 
        that not more than 35 percent of the volume of the structure is 
        above the floor elevation at the north rear entry of Court 
        Building D, also known as the ``Old City Hall.''
    (c) Operation.--The Memorial Fund shall own, operate, and maintain 
the Museum after completion of construction.
    (d) Federal Share.--The United States shall pay no expense incurred 
in the establishment or construction of the Museum.
    (e) Funding Verification.--The Secretary shall not permit 
construction of the Museum to begin unless the Secretary determines 
that sufficient amounts are available to complete construction of the 
Museum in accordance with the design and plans approved under 
subsection (b).
    (f) Failure To Construct.--If the Memorial Fund fails to begin 
construction on the Museum by the date that is 10 years after the date 
of enactment of this Act, the authority to construct the Museum shall 
terminate on that date.

                         purpose of the measure

    The purpose of S. 1438 is to authorize the National Law 
Enforcement Officers Memorial Fund to establish the National 
Law Enforcement Museum on Federal land in Washington, D.C.

                          background and need

    The National Law Enforcement Officers Memorial was 
authorized in 1984 under Public Law 98-534, and was dedicated 
in 1991. The memorial was built on federal property in the 
District of Columbia by the National Law Enforcement Officers 
Memorial Fund (Memorial Fund), a non-profit organization. The 
site is highlighted by the names of more than 15,000 Federal, 
State, and local law enforcement officers who have died in the 
line of duty.
    In 1993, the Memorial Fund established a visitor center 
approximately two blocks away from the memorial which includes 
a small museum exhibit area, a gift shop, and offices for the 
Memorial Fund staff.
    The Memorial Fund desires to build a facility to serve as 
the most comprehensive law enforcement museum and research 
facility anywhere in the world, and which would be the premiere 
source of information on issues related to law enforcement 
history and safety. The museum is intended to complement the 
existing National Law Enforcement Officers Memorial, and is 
proposed to be located directly across the street.
    In addition, the museum would help to improve public 
understanding and support for the law enforcement profession, 
and its research component would serve as a tool for policy 
makers and law enforcement trainers in their efforts to make 
the profession safer and more effective.
    S. 1438 authorizes the Memorial Fund to construct the 
Museum on Federal property that was transferred to the District 
of Columbia in 1970 for municipal purposes. The property is 
located on E Street between 4th and 5th Streets, NW, and is 
currently used as a parking lot for the District of Columbia 
Courts. All funds used in the construction of the Museum will 
come from private donations.

                          legislative history

    S. 1438 was introduced by Senator Campbell on July 27, 
1999. The Subcommittee on National Parks, Historic 
Preservation, and Recreation held a hearing on S. 1438 on April 
27, 2000. At its business meeting on June 7, 2000, the 
Committee on Energy and Natural Resources ordered S. 1438, 
favorably reported, as amended.

            committee recommendation and tabulation of votes

    The Committee on Energy and Natural Resources, in open 
business session on June 7, 2000, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 1438, if 
amended as described herein.

                          committee amendment

    During the consideration of S. 1438, the Committee adopted 
an amendment in the nature of a substitute that includes a 
provision directing that a certain percentage of the museum be 
placed below street level. The amendment requires the Secretary 
of the Interior to verify that sufficient funds have been 
raised prior to authorizing construction, and deletes the 
requirement for the National Park Service and the General 
Services Administration to provide maintenance of the completed 
museum. The amendment is described in detail in the section-by-
section analysis, below.

                      section-by-section analysis

    Section 1 designates the bill's short title as the 
``National Law Enforcement Museum Act''.
    Section 2 contains Congressional findings.
    Section 3 defines the term ``Memorial Fund'' to mean the 
National Law Enforcement Officers Memorial Fund; the term 
``Museum'' to mean the National Law Enforcement Museum 
established under section 4(a), and; the term ``Secretary'' to 
mean the Secretary of the Interior.
    Section 4(a) authorizes the Memorial Fund to construct a 
National Law Enforcement Museum on Federal land across the 
street from the National Law Enforcement Officers Memorial in 
Washington, D.C.
    Subsection (b) states that the Memorial Fund will be 
responsible for preparing the design and plans for the Museum.
    Paragraph (2) requires the design and plans to be approved 
by the Secretary, the Commission of Fine Arts, and the National 
Capital Planning Commission.
    Paragraph (3) requires that not more than 35 percent of the 
structure be located above ground.
    Subsection (c) states that the Memorial Fund will own, 
operate, and maintain the museum after it is completed.
    Subsection (d) states that the United States will not pay 
any expenses incurred in the establishment or construction of 
the Museum.
    Subsection (e) requires the Secretary to verify that 
sufficient funds are available to complete construction of the 
Museum before authorizing construction to begin.
    Subsection (f) states that the authorization to construct 
the Museum will expire 10 years after the date of enactment if 
the Memorial Fund fails to begin construction within that 
period.

                   cost and budgetary considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 13, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1438, the National 
Law Enforcement Museum Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1438--National Law Enforcement Museum Act

    S. 1438 would authorize the National Law Enforcement 
Officers Memorial Fund, Inc., to construct on federal land a 
museum honoring law enforcement officers. The museum would be 
located across the street from the National Law Enforcement 
Officers Memorial. Because the Memorial Fund would be 
responsible for all costs associated with constructing, 
operating, and maintaining the museum, CBO estimates that 
implementing S. 1438 would have no significant impact on the 
federal budget.
    The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. S. 1438 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would not 
impose significant costs on state, local, or tribal 
governments.
    The CBO staff contact is John R. Righter. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1438. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1438, as ordered reported.

                        executive communications

    On April 27, 2000, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
the Interior and the Office of Management and Budget setting 
forth Executive agency recommendations on S. 1438. These 
reports had not been received at the time the report on S. 1438 
was filed. When the reports become available, the Chairman will 
request that they be printed in the Congressional Record for 
the advice of the Senate. The testimony provided by the 
National Park Service at the Subcommittee hearing follows:

 Statement of John G. Parsons, Associate Regional Director for Lands, 
   Resources, and Planning, National Park Service, National Capital 
       Region, and Chairman, National Capital Memorial Commission

    Mr. Chairman, thank you for the opportunity to appear 
before you today to present the Department of the Interior's 
views on S. 1438, a bill to establish a National Law 
Enforcement Museum on Federal land in the District of Columbia.
    The Department would not object to this legislation if it 
were amended as proposed in this testimony.
    S. 1438 authorizes the National Law Enforcement Officers 
Memorial Fund to design, plan, and construct a National Law 
Enforcement Museum on land within U.S. Reservation 7 in the 
District of Columbia south of the National Law Enforcement 
Officers Memorial. Reservation 7 is one of the original public 
reservations of the City of Washington and, with the exception 
of the Memorial, is under the jurisdiction of the District of 
Columbia. Reservation 7 is listed in the National Register of 
Historic Places as a significant element of the L'Enfant Plan.
    The museum site defined in Section 4(a) of S. 1438 is 
partially occupied by three buildings. The largest building, 
occupying the center of the site is the Old City Hall, a 
National Historic Landmark, now occupied by the Superior Court 
of the District of Columbia. Smaller, separate buildings 
contain offices of the District of Columbia Government and the 
United States Court of Appeals for the Armed Forces. We 
understand that the specific site for the proposed museum is 
currently occupied by a parking lot for the Superior Court of 
the District of Columbia. We further understand that the Court 
may be considering use of the proposed museum site as expansion 
space.
    From an historic preservation standpoint we are concerned 
about the impact of locating a new building within this complex 
of six historic public buildings dating from 1820 to 1939 known 
as Judiciary Square. Rather, we believe consideration should be 
given to placing the museum within one of the existing 
buildings which is adjacent to the National Law Enforcement 
Officers Memorial now occupied by the Superior Court for the 
District of Columbia.
    If a museum cannot be placed within an existing building, 
we believe that placing the National Law Enforcement Museum 
below ground, in the area of the parking lot, with a garden on 
the roof of the museum, is a better alternative than a new 
above-grade building. This concept would be similar to the 
Arthur M. Sackler Gallery and the National Museum of African 
Art, adjacent to the Castle Building of the Smithsonian 
Institution on Independence Avenue.
    Section 4(c)(2) of S. 1438 also directs the Secretary of 
the Interior to maintain the exterior of the museum and the 
exterior grounds of the museum. The entities managing each of 
the 70 museums in the District of Columbia maintain their 
exterior structures and grounds without assistance from the 
Department of the Interior. Similar facilities associated with 
the United States Navy Memorial and the Memorial to Women in 
Military Service for America are the sole responsibility of the 
foundations that sponsored those memorials. The National Park 
Service, of course, has responsibility for the management and 
operation of the memorials themselves.
    The U.S. Navy Memorial Foundation rents commercial space 
adjacent to the Navy Memorial. The Memorial to Women in 
Military Service for America Foundation built and operates the 
education center that is located behind the memorial at the 
entrance to Arlington National Cemetery. We have a strong 
partnership with both Foundations for events that occur at the 
memorials. However, we have no maintenance responsibilities for 
the museum or educational spaces that relate to those 
functions. We have no reason to believe that the addition of a 
museum in the vicinity of the National Law Enforcement Officers 
Memorial would impact our relationship with the National Law 
Enforcement Officers Memorial Fund. However, we do not support 
Federal maintenance and operation of privately managed 
educational or museum facilities. We suggest that the 
subsection on maintenance by the Secretary of the Interior be 
deleted.
    S. 1438 requires that no Federal funds shall be expended 
for the construction of the museum, that the Law Enforcement 
Officers Memorial Fund provide documentation to the Secretary 
of the Interior that adequate funds have been raised to 
complete the museum, and that the authority to complete the 
museum shall expire if this certification has not been provided 
within 7 years of the enactment of the legislative authority 
which would be granted by S. 1438. These requirements are 
similar to those provided under the Commemorative Works Act, 
which provides direction in the establishment and placement of 
memorials on parkland in the District of Columbia and its 
environs. However, the Commemorative Works Act is not 
applicable to museums, or structures intended to function as 
museums. While the Secretary of the Interior is charged with 
the responsibility of making a determination of sufficient 
funds for memorials proposed to be built on lands under the 
jurisdiction of this Department, U.S. Reservation 7 is managed 
by the District of Columbia. However, the Secretary would be 
willing to be responsible to verify that sufficient funds are 
available for the project.
    That concludes my prepared testimony on S. 1438, and I 
would be happy to answer any questions you may have.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1438, as 
ordered reported

                                
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