II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Military Mu5 seum Act’’.

6 SEC. 2. NATIONAL MILITARY MUSEUM FOUNDATION.

7 (a) ESTABLISHMENT.—(1) Part B of subtitle II of

8 title 36, United States Code, is amended by inserting after

9 chapter 1519 the following new chapter:
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1 ‘‘CHAPTER 1520—NATIONAL MILITARY

2 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.

3 ‘‘§ 151951. Establishment

4 ‘‘There is established a nonprofit corporation to be

5 known as the ‘National Military Museum Foundation’ (in

6 this chapter referred to as the ‘Foundation’). The Founda7 tion is not an agency or instrumentality of the United

8 States.

9 ‘‘§ 151952. Purpose

10 ‘‘(a) IN GENERAL.—The Foundation shall have as its

11 purpose to provide for the location, design, construction,

12 and operation and maintenance of a national museum in

13 the National Capital area for honoring the service to the

14 United States of the members of the Armed Forces. The

15 museum shall be known as the ‘National Military Mu16 seum’.

17 ‘‘(b) DISCHARGE OF CERTAIN RESPONSIBILITIES.—

18 The Foundation shall provide for the location, design, and
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1 construction of the museum in accordance with the provi2 sions of section 3 of the National Military Museum Act.

3 ‘‘§ 151953. Membership

4 ‘‘Eligibility for membership in the Foundation and

5 the rights and privileges of members shall be as provided

6 in the bylaws of the Foundation.

7 ‘‘§ 151954. Governing body

8 ‘‘(a) BOARD OF DIRECTORS.—The Foundation shall

9 have a board of directors composed of 10 individuals ap10 pointed from among individuals who have an expertise in

11 military or museum matters, of whom—

12 ‘‘(1) six shall be appointed by the President;

13 ‘‘(2) one shall be appointed by the Chairman of

14 the Committee on Armed Services of the Senate;

15 ‘‘(3) one shall be appointed by the Ranking

16 Member of the Committee on Armed Services of the

17 Senate;

18 ‘‘(4) one shall be appointed by the Chairman of

19 the Committee on Armed Services of the House of

20 Representatives; and

21 ‘‘(5) one shall be appointed by the Ranking

22 Member of the Committee on Armed Services of the

23 House of Representatives.

24 ‘‘(b) EX OFFICIO MEMBERS.—The following shall be

25 ex officio members of the board of directors:
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1 ‘‘(1) The Secretary of Defense.

2 ‘‘(2) The Secretary of the Army.

3 ‘‘(3) The Secretary of the Navy.

4 ‘‘(4) The Secretary of the Air Force.

5 ‘‘(5) The Commandant of the Marine Corps.

6 ‘‘(6) The Commandant of the Coast Guard.

7 ‘‘(7) The Secretary of the Smithsonian Institu8 tion.

9 ‘‘(8) The Chairman of the National Capital

10 Planning Commission.

11 ‘‘(9) The Chairperson of the Commission of

12 Fine Arts.

13 ‘‘(10) The Chairman of the County Board of

14 Arlington County, Virginia.

15 ‘‘(c) ORIGINAL CHAIRPERSON.—The President shall

16 designate one of the individuals first appointed to the

17 board of directors under subsection (a)(1) as the chair18 person of the board of directors.

19 ‘‘(d) ADDITIONAL MATTERS.—The terms, method of

20 further appointment, and responsibilities of the board of

21 directors shall be as provided for in the articles of incorpo22 ration of the Foundation.

23 ‘‘§ 151955. Organizational matters

24 ‘‘The members of the board of directors first ap25 pointed under section 151954 of this title shall—
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1 ‘‘(1) adopt a constitution and bylaws for the

2 Foundation;

3 ‘‘(2) serve as incorporators of the Foundation;

4 and

5 ‘‘(3) take whatever other actions the Board de6 termines appropriate in order to establish the Foun7 dation as a nonprofit corporation.

8 ‘‘§ 151956. Officers and employees

9 ‘‘(a) EXECUTIVE DIRECTOR AND OTHER OFFI10 CERS.—The Foundation shall have an executive director

11 appointed by the board of directors and such other officers

12 as the board of directors may appoint. The executive direc13 tor and other officers of the Foundation shall be com14 pensated at rates fixed by the board of directors and shall

15 serve at the pleasure of the board of directors.

16 ‘‘(b) EMPLOYEES.—Subject to the approval of the

17 board of directors, the Foundation may employ such indi18 viduals, and at such rates of compensation, as the execu19 tive director determines appropriate.

20 ‘‘(c) VOLUNTEERS.—Subject to the approval of the

21 board of directors, the Foundation may accept the services

22 of volunteers in the performance of the functions of the

23 Foundation.
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1 ‘‘§ 151957. Powers

2 ‘‘(a) IN GENERAL.—In order to carry out its purpose

3 under this chapter, the Foundation is authorized to—

4 ‘‘(1) accept, hold, administer, invest, and spend

5 any gift, devise, or bequest of real or personal prop6 erty made to the Foundation;

7 ‘‘(2) enter into contracts with individuals, pub8 lic or private organizations, professional societies,

9 and government agencies for the purpose of carrying

10 out the activities of the Foundation; and

11 ‘‘(3) enter into such other contracts, leases, co12 operative agreements, and other transactions at the

13 executive director of the Foundation considers ap14 propriate to carry out its activities.

15 ‘‘(b) DEPOSIT OF FUNDS.—The Foundation shall

16 provide for the deposit of any monetary gift, devise, or

17 bequest under subsection (a), and any investment or other

18 income under that subsection, in an appropriate deposi19 tory institution.

20 ‘‘(c) TAX TREATMENT OF GIFTS.—Gifts, bequests, or

21 devises to the Foundation under this chapter shall be free

22 of all taxes imposed by the United States Government.

23 ‘‘(d) PUBLICATIONS.—The Foundation may publish

24 and sell to the public catalogs, handbooks, drawings and

25 photographs, pamphlets, guidebooks, and other materials

26 relating to the collection of the National Military Museum.
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1 ‘‘(e) LIMITATIONS.—(1) The Foundation shall have

2 only the powers provided in its bylaws and articles of in3 corporation.

4 ‘‘(2) The Foundation may use only funds received by

5 the Foundation under subsection (a) (including funds con6 tributed to the Foundation under section 4 of the National

7 Military Museum Act), income derived from the invest8 ment of such funds and from other property received by

9 the Foundation under that subsection, and proceeds of the

10 sale of materials under subsection (d) for purposes of its

11 activities.

12 ‘‘§ 151958. Duty to maintain tax-exempt status

13 ‘‘The Foundation shall maintain its status as an or14 ganization exempt from taxation under the Internal Rev15 enue Code of 1986 (26 U.S.C. 1 et seq.).

16 ‘‘§ 151959. Records and inspection

17 ‘‘(a) RECORDS.—The Foundation shall keep—

18 ‘‘(1) correct and complete records of account;

19 ‘‘(2) minutes of the proceedings of its members,

20 board of directors, and committees having any of the

21 authority of its board of directors; and

22 ‘‘(3) at its principal office, a record of the

23 names and addresses of its members entitled to vote

24 in matters relating to the Foundation.
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1 ‘‘(b) INSPECTION.—A member entitled to vote in

2 matters relating to the Foundation, or an agent or attor3 ney of the member, may inspect the records of the Foun4 dation for any proper purpose at any reasonable time.

5 ‘‘§ 151960. Service of process

6 ‘‘The Foundation shall comply with the law on service

7 of process of each State in which it is incorporated and

8 each State in which it carries out activities.

9 ‘‘§ 151961. Liability for acts of officers and agents

10 ‘‘The Foundation shall be liable for the acts of its

11 officers and agents acting within the scope of their author12 ity.

13 ‘‘§ 151962. Annual report

14 ‘‘The Foundation shall submit to Congress an annual

15 report on the activities of the Foundation during the prior

16 fiscal year. The report shall be submitted at the same time

17 as the report of the audit required by section 10101 of

18 this title. The report shall not be printed as a public docu19 ment.’’.

20 (2) The table of chapters at the beginning of subtitle

21 II of title 36, United States Code, is amended by inserting

22 after the item relating to chapter 1519 the following:

‘‘1520. NATIONAL MILITARY MUSEUM FOUNDATION ................151951’’.

23 (b) DETAIL OF GOVERNMENT EMPLOYEES.—Any

24 Federal Government employee (including any member of

25 the Armed Forces) may be detailed to the National Mili-
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1 tary Museum Foundation established under chapter 1520

2 of title 36, United States Code (as added by subsection

3 (a)), without reimbursement, and such detail shall be with4 out interruption or loss of status or privilege.

5 SEC. 3. NATIONAL MILITARY MUSEUM.

6 (a) IN GENERAL.—(1) The National Military Mu7 seum Foundation (in this section referred to as the

8 ‘‘Foundation’’) established under chapter 1520 of title 36,

9 United States Code (as added by section 2(a) of this Act),

10 shall provide for the location, design, and construction of

11 a national museum in the National Capital area for pur12 poses of honoring the service to the United States of the

13 members of the Armed Forces.

14 (2) The museum shall be known as the ‘‘National

15 Military Museum’’ (in this section referred to as the ‘‘Mu16 seum’’).

17 (b) PURPOSES OF MUSEUM.—(1) The Museum shall

18 have the following purposes:

19 (A) To provide a location in the National Cap20 ital area for the display of, and interaction with, ar21 tifacts and representations of the Armed Forces and

22 of the wars in which the United States has been en23 gaged.
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1 (B) To honor the service to the United States

2 of the active and reserve members of the Armed

3 Forces and the veterans of the United States.

4 (C) To educate current and future generations

5 regarding the Armed Forces and the sacrifices of

6 members of the Armed Forces and the Nation in

7 furtherance of the defense of freedom.

8 (D) To foster public pride in the achievements

9 and activities of the Armed Forces.

10 (2) The Museum may not serve as a repository for

11 Federal Government archives.

12 (c) LOCATION.—(1) The Museum shall be located at

13 an appropriate site selected by the Foundation on one or

14 more of the parcels of real property described in para15 graph (2), or portions thereof, to the extent that such par16 cels, or portions thereof, are currently held by the Sec17 retary of Defense or acquired by the Secretary under sub18 section (d).

19 (2) The parcels referred to in paragraph (1) are par20 cels of real property located in Arlington, Virginia, as fol21 lows:

22 (A) A parcel comprising approximately 27 acres

23 bounded by Columbia Pike to the south and east,

24 the rear property line of the residential properties

25 fronting Oak Street to the west, and the boundary
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1 wall (including Southgate Road) of Arlington Na2 tional Cemetery to the north.

3 (B) A parcel comprising approximately 26 acres

4 bounded by Shirley Memorial Boulevard (Interstate

5 Route 395) to the south, the western edge of the

6 property of the Department of Transportation of the

7 Commonwealth of Virginia to the west, Columbia

8 Pike to the north, and the access road to Shirley

9 Memorial Boulevard immediately east of Joyce

10 Street to the east.

11 (3)(A) The boundaries of the parcels of real property

12 selected as the site of the Museum under paragraph (1)

13 shall be subject to the approval of the Secretary and of

14 the County Board of Arlington County, Virginia.

15 (B) If any parcels of real property selected as the

16 site of the Museum under paragraph (1) include real prop17 erty owned by the Commonwealth of Virginia, the bound18 aries of the parcels of real property selected as the site

19 of the Museum shall also be subject to the approval of

20 the Commonwealth of Virginia.

21 (d) ACQUISITION AND AVAILABILITY OF REAL PROP22 ERTY.—(1) If a department or agency of the Federal Gov23 ernment (other than the Department of Defense) has ju24 risdiction over any parcel, or portion thereof, selected as

25 the site of the Museum under subsection (c), the head of
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1 such department or agency shall transfer jurisdiction over

2 such parcel, or portion thereof, to the Secretary of Defense

3 not later than three years after the date of the enactment

4 of this Act.

5 (2) Not later than 60 days after the date of the sub6 mittal to Congress of the assessment required by sub7 section (e)(3), the Secretary shall take appropriate

8 action—

9 (A) to acquire all right, title, and interest of Ar10 lington County, Virginia, in and to any parcel se11 lected as the site of the Museum under subsection

12 (c), or portion thereof, that is owned by or otherwise

13 under the jurisdiction of the County Board of Ar14 lington County, Virginia; and

15 (B) to acquire all right, title, and interest of the

16 Commonwealth of Virginia in and to any parcel so

17 selected, or portion thereof, that is owned by or oth18 erwise under the jurisdiction of the Commonwealth

19 of Virginia.

20 (3) The Secretary may acquire an interest in real

21 property under subparagraph (A) or (B) of paragraph (2)

22 only with the consent of the County Board of Arlington

23 County, Virginia, or the Commonwealth of Virginia, as the

24 case may be.
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1 (4) If the acquisition of real property under para2 graph (2)(B) requires the relocation of any materiel, per3 sonnel, or activities of the Commonwealth of Virginia, in4 cluding the Department of Transportation of the Com5 monwealth of Virginia, the Foundation may reimburse the

6 Commonwealth of Virginia for the costs of such relocation.

7 (5) If the transfer or acquisition of real property

8 under this subsection requires the relocation or modifica9 tion of any major roadway, the relocation or modification

10 of such roadway shall be carried out in accordance with

11 a memorandum of understanding entered into by the

12 Foundation, the Secretary, the Commonwealth of Vir13 ginia, and the County Board of Arlington County, Vir14 ginia. The memorandum of understanding shall allocate

15 the costs of the relocation or modification of such roadway

16 among the parties to the memorandum of understanding.

17 (6) Funds for any reimbursement by the Foundation

18 under paragraph (4), or any cost of the Foundation under

19 paragraph (5), shall be derived from funds received by the

20 Foundation under chapter 1520 of title 36, United States

21 Code, other than funds contributed to the Foundation

22 under section 7(b) of this Act.

23 (7) The Secretary shall make available to the Foun24 dation for purposes of the Museum any property held by,

25 transferred to, or acquired by the Secretary under para-
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1 graph (1) or (2) that is selected as the site of the Museum

2 under subsection (c).

3 (e) PRELIMINARY ASSESSMENT OF MUSEUM.—(1)

4 Not later than 18 months after the date of the enactment

5 of this Act, the Foundation shall submit to Congress and

6 the Comptroller General a report setting forth—

7 (A) a preliminary design for the Museum;

8 (B) an assessment of the effects of the Museum

9 contemplated in the design on the environment, fa10 cilities, and roadways in the vicinity of the area cov11 ered by the design;

12 (C) a recommendation for the governing struc13 ture of the Museum, including an assessment wheth14 er or not the Museum should be within the Smithso15 nian Institution;

16 (D) an assessment whether or not it is likely

17 that the Foundation will raise funds that are suffi18 cient to defray the costs of the construction and op19 eration of the Museum, including a description of

20 any proposed fundraising activities of the Founda21 tion and the anticipated levels of donations to the

22 Foundation for each year from 2000 through 2032;

23 and

24 (E) an assessment of the practicability and ad25 visability of the proposed dates for the commence-
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1 ment and completion of construction of the Museum

2 set forth in subsection (f).

3 (2)(A) The preliminary design under paragraph

4 (1)(A) shall include an architectural plan for the Museum

5 (including any proposed furnishings, displays, parking,

6 and landscaping), a schedule for construction of the Mu7 seum, and an estimate of the costs of construction of the

8 Museum.

9 (B) In preparing the preliminary design, the Founda10 tion shall take into account the following:

11 (i) The use of at least 15 acres of the parcels

12 described in subsection (c)(2) for purposes of the ex13 pansion of Arlington National Cemetery, Virginia.

14 (ii) The use of at least two acres of such par15 cels for purposes of the Air Force Memorial, but

16 only if such parcels are selected as the location of

17 the Air Force Memorial.

18 (iii) The use of at least two acres of such par19 cels for purposes specified by the County Board of

20 Arlington County, Virginia.

21 (3) Not later than 7 months after the date of the

22 submittal of the report under paragraph (1), the Comp23 troller General shall submit to Congress an assessment of

24 the matters set forth in the report.
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1 (f) CONSTRUCTION OF MUSEUM.—(1) The Secretary

2 of Defense shall carry out the demolition and clearing of

3 any structures located on the parcels described in sub4 section (c) that are selected as the location of the Museum

5 under that subsection not later than December 31, 2017.

6 (2) The Secretary shall carry out any environmental

7 restoration or remediation required with respect to any

8 parcels referred to in paragraph (1) that are under the

9 jurisdiction of the Department of Defense as of the date

10 of the enactment of this Act.

11 (3) The Foundation shall ensure commencement of

12 the construction of the Museum under this section not

13 later than March 1, 2018, and shall ensure completion of

14 the construction of the Museum not later than March 1,

15 2022.

16 (g) APPLICABILITY OF STATE AND LOCAL LAND-USE

17 REQUIREMENTS.—(1) The construction and operation of

18 the Museum shall be subject to the site planning, zoning,

19 and other land-use requirements of Arlington County, Vir20 ginia, and of the Commonwealth of Virginia.

21 (2) The Foundation shall enter into a memorandum

22 of understanding with Arlington County, Virginia, and the

23 Commonwealth of Virginia which specifies the manner in

24 which the Foundation shall comply with the requirements
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1 referred to in paragraph (1) in the construction and oper2 ation of the Museum.

3 SEC. 4. FUNDRAISING ACTIVITIES.

4 (a) IN GENERAL.—The National Military Museum

5 Foundation established under chapter 1520 of title 36,

6 United States Code (as added by section 2(a) of this Act),

7 shall be responsible for securing funds for its activities

8 under such chapter 1520 and this Act.

9 (b) AUTHORITY TO ACCEPT FUNDS FROM FEDERAL

10 GOVERNMENT.—The Foundation may accept funds from

11 the Federal Government for purposes of the activities re12 ferred to in subsection (a).

13 (c) PREPARATIONS FOR ACTIVITIES.—The Founda14 tion may carry out preparations for fundraising activities

15 for purposes of the activities referred to in subsection (a)

16 commencing as of the date of its incorporation under such

17 chapter 1520.

18 (d) ACCEPTANCE OF DONATIONS.—(1) The Founda19 tion may accept unsolicited donations for purposes of the

20 activities referred to in subsection (a) commencing as of

21 the date referred to in subsection (c).

22 (2) The Foundation may not solicit donations for

23 purposes of such activities until the date that is nine

24 months after the date of the submittal to Congress of the

25 report required by section 3(e)(1) of this Act.
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1 (e) DEADLINE FOR RAISING PORTION OF CONSTRUC2 TION AMOUNT.—Not later than December 31, 2015, the

3 Foundation shall secure an amount equal to not less than

4 75 percent of the estimated cost of the construction of

5 the Museum as of such date.

6 SEC. 5. TRANSFER OR LOAN OF MILITARY ARTIFACTS.

7 (a) AUTHORITY.—The head of any department or

8 agency of the Federal Government may transfer, loan, or

9 otherwise provide the National Military Museum Founda10 tion established under chapter 1520 of title 36, United

11 States Code (as added by section 2(a) of this Act), any

12 military artifact, memorabilia, or other materiel that the

13 head of the department or agency and the Foundation

14 consider appropriate for display at the National Military

15 Museum established under section 3 of this Act.

16 (b) DISPLAY.—The National Military Museum Foun17 dation may display at the National Military Museum any

18 artifact, memorabilia, or other materiel transferred,

19 loaned, or provided to the Foundation under subsection

20 (a). Such display shall be in accordance with any terms

21 or conditions imposed by the head of the department or

22 agency transferring, loaning, or providing the artifact,

23 memorabilia, or materiel concerned.
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1 SEC. 6. SENSE OF CONGRESS REGARDING POTENTIAL ES2 TABLISHMENT OF NATIONAL MILITARY MU3 SEUM WITHIN SMITHSONIAN INSTITUTION.

4 If the National Military Museum Foundation estab5 lished under chapter 1520 of title 36, United States Code

6 (as added by section 2(a) of this Act), recommends under

7 section 3(e)(1)(C) of this Act that the National Military

8 Museum be within the Smithsonian Institution, it is the

9 sense of Congress that—

10 (1) the Museum be placed within the Smithso11 nian Institution; and

12 (2) the board of directors of the Foundation be13 come an advisory board for the Museum, with the

14 Chairman of the County Board of Arlington County,

15 Virginia, as an ex officio member of such advisory

16 board.

17 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

19 hereby authorized to be appropriated for the Department

20 of Defense for fiscal year 2000, $48,000,000 for purposes

21 of a contribution of funds to the National Military Mu22 seum Foundation established under chapter 1520 of title

23 36, United States Code (as added by section 2(a) of this

24 Act).

25 (b) AVAILABILITY OF FUNDS.—(1) Subject to para26 graphs (2) and (3), funds appropriated pursuant to the
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1 authorization of appropriations in subsection (a) shall be

2 available for a contribution to the Foundation for its ac3 tivities under such chapter 1520 and under this Act.

4 (2) Of the funds made available to the Foundation

5 under paragraph (1), $4,000,000 shall be available only

6 for purposes of the report required by section 3(e)(1) of

7 this Act.

8 (3) Of the funds made available to the Foundation

9 under paragraph (1), $44,000,000 shall be available only

10 for the design and construction of the National Military

11 Museum by the Foundation, and shall be available for that

12 purpose only after the date that is nine months after the

13 date of the submittal to Congress of the report referred

14 to in paragraph (2).

Æ