79–010

Calendar No. 664

106TH CONGRESS REPORT

2d Session " ! SENATE 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

REPORT

[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.—

2

(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.

3

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.

4

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.

5

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

6

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,

7

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

Æ