Native American Veterans' Memorial Act of 1998

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Veterans' Memorial 
Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Native Americans across the Nation have a long, proud, 
        and distinguished tradition of service in the Armed Forces of 
        the United States.
            (2) Native Americans have historically served in the Armed 
        Forces of the United States in numbers which far exceed their 
        representation in the population of the United States.
            (3) Native American veterans count among themselves a 
        number of Medal of Honor recipients and those who have received 
        other decorations for valor and distinguished service.
            (4) Native Americans have lost their lives in the service 
        of their Nation and in the cause of peace.
            (5) The National Museum of the American Indian was 
        established as a living memorial to Native Americans. Its 
        mission is to advance knowledge and understanding of Native 
        American cultures, including art, history, language, and the 
        contributions that Native Americans have made to our society.
            (6) The National Museum of the American Indian is an 
        extraordinary site and an ideal location to establish a Native 
        American Veterans' Memorial.
            (7) A Native American Veterans' Memorial would further the 
        purposes of the National Museum of the American Indian by 
        giving all Americans the opportunity to learn of the proud and 
        courageous tradition of service of Native Americans in the 
        Armed Forces of the United States.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) The term ``Native American'' means any individual who 
        is a member of an Indian tribe or who is a Native Hawaiian.
            (2) The term ``Native Hawaiian'' means any individual who 
        is a descendant of the aboriginal people who, prior to 1778, 
        occupied and exercised sovereignty in the area that now 
        comprises the State of Hawaii.
            (3) The term ``Indian tribe'' has the meaning given that 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            (4) The term ``Memorial'' means the Native American 
        Veterans' Memorial authorized by section 5.
            (5) The term ``Museum'' means the National Museum of the 
        American Indian established by the National Museum of the 
        American Indian Act (20 U.S.C. 80q et seq.).
            (6) The term ``Commission'' means the commission 
        established by section 5.
            (7) The term ``Director'' means the Director of the Museum.

SEC. 4. AUTHORIZATION FOR ESTABLISHMENT OF MEMORIAL.

    (a) Memorial.--The Director, in consultation with the Commission, 
shall construct and maintain a Native American Veterans' Memorial in 
accordance with a design selected by the Commission in accordance with 
section 5(b)(1).
    (b) Site.--The Memorial shall be located within the interior 
structure or the exterior grounds of the Museum mall facility described 
in section 7(a) of the National Museum of the American Indian Act (20 
U.S.C. 80q-5(a)).
    (d) Gifts, Bequests, and Devises.--The Museum may accept, use, and 
dispose of gifts, bequests, or devises of services or property, both 
real and personal, for the purpose of designing, construction, or 
maintaining the Memorial. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon the order of the Director.
    (e) Payment of Costs.--
            (1) In general.--Except as provided in this section, no 
        Federal funds shall be used to pay any of the costs directly 
        related to design and construction of the Memorial other than 
        providing the site referred to in subsection (b).
            (2) Payment required before commencement of construction.--
        Funds may not be obligated and construction may not begin on 
        the Memorial until non-Federal sources have paid to the Museum 
        funds necessary to pay the costs which Director estimates will 
        be incurred to construct the Memorial.

SEC. 5. NATIVE AMERICAN VETERANS' MEMORIAL COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Native American Veterans' Memorial Commission''.
    (b) Duties.--The Commission shall--
            (1) conduct a competition for a design for the Memorial 
        that is consistent with--
                    (A) the purpose of the Museum, as set forth in 
                section 3(b) of the National Museum of the American 
                Indian Act (20 U.S.C. 80q-1); and
                    (B) any existing design plans for the Museum's 
                structure and its surroundings;
            (2) not later than 1 year after the date of the enactment 
        of this Act, select a design for the Memorial from entries 
        submitted in the competition described in paragraph (1); and
            (3) consult with the Director regarding selection of the 
        design for and placement and construction of the Memorial.
    (c) Membership.--
            (1) In general.--The Commission shall consist of 12 members 
        as follows:
                    (A) The President Pro Tempore of the Senate shall 
                appoint 5 individuals who are Indians.
                    (B) The Speaker of the House of Representatives 
                shall appoint 5 individuals who are Indians.
                    (C) The Director or a designee of the Director.
                    (D) The individuals who are initial members of the 
                Commission pursuant to subparagraphs (A) through (C) 
                shall appoint 1 individual who has expertise in the 
                establishment of national memorials.
            (2) Chairperson.--The Director shall select the Chairperson 
        of the Commission from among the other members of the 
        Commission.
    (d) Deadline for Initial Appointments.--The initial appointment of 
individuals appointed pursuant to subparagraphs (A) through (C) of 
paragraph (1) shall be made not later than 30 days after the date of 
the enactment of this Act. The initial appointment of the individual 
appointed pursuant to subparagraph (D) of paragraph (1) shall be made 
at the initial meeting of the Commission.
    (e) Terms; Vacancy.--Each member shall serve for the life of the 
Commission. Any vacancy shall be filled in the manner of the original 
appointment.
    (f) Quorum.--A majority of the members of the Commission then in 
office shall constitute a quorum.
    (g) Pay.--The members of the Commission shall not be paid for their 
service as members of the Commission.
    (h) Expenses.--Each member of the Commission shall receive travel 
expenses, including per diem in lieu of subsistence, in accordance with 
sections 5702 and 5703 of title 5, United States Code.
    (i) Experts and Consultants.--With the approval of the Commission, 
the Chairperson may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code.
    (j) Staff of Federal Agencies.--Upon request of the Commission, 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 
Commission to assist it in carrying out its duties under this Act.
    (k) Administrative Support Services.--Upon the request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its responsibilities 
under this Act.
    (l) Gifts, Bequests, and Devises.--The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services or property, 
both real and personal, for the purpose of aiding or facilitating the 
work of the Commission. Gifts, bequests, or devises of money and 
proceeds from sales of other property received as gifts, bequests, or 
devises shall be deposited in the Treasury and shall be available for 
disbursement upon the order of the Commission.
    (m) Termination.--The Commission shall terminate 30 days after the 
completion of the construction of the Memorial.
    (n) Costs of Commission.--Except as provided in this section, no 
Federal funds shall be used to pay any expense of the Commission.

Summary: Native American Veterans' Memorial Act of 1998 - Requires the Director of the National Museum of the American Indian to construct and maintain a Native American Veterans' Memorial within the interior structure or the exterior grounds of the Museum mall facility. Prohibits: (1) the use of Federal funds to pay any of the costs directly related to design and construction of the Memorial other than providing the Memorial site. Or (2) the obligation of funds or the beginning of construction on the Memorial until non-Federal sources have paid to the Museum funds necessary to pay the estimated construction costs. Establishes the Native American Veterans' Memorial Commission to: (1) conduct a competition for and select a design for the Memorial. And (2) consult with the Director regarding selection of the design for, and placement and construction of, the Memorial. Prohibits the use of Federal funds to pay any Commission expense, except with respect to specified administrative support services. Permits the Museum and the Commission to accept, use, and dispose of gifts, bequests, and devises of services or both real and personal property which shall be deposited in the Treasury.