II

106TH CONGRESS

1ST SESSION S. 884

To establish the National Military Museum Foundation, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 27, 1999

Mr. SARBANES (for himself, Mr. TORRICELLI, and Mr. HUTCHINSON) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To establish the National Military Museum Foundation, 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. ESTABLISHMENT OF NATIONAL MILITARY MU4 SEUM FOUNDATION.

5 (a) IN GENERAL.—(1) Part B of subtitle II of title

6 36, United States Code, is amended by inserting after

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

2 MUSEUM FOUNDATION

‘‘Sec.

‘‘151951. Establishment.

‘‘151952. Purposes.

‘‘151953. Membership.

‘‘151954. Governing body.

‘‘151955. Organizational matters.

‘‘151956. Officers and employees.

‘‘151957. Powers.

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

‘‘151959. Additional annual reports.

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. Purposes

10 ‘‘The Foundation shall have the following purposes:

11 ‘‘(1) To encourage and facilitate the preserva12 tion of military artifacts having historical or techno13 logical significance.

14 ‘‘(2) To promote innovative solutions to the

15 problems associated with the preservation of such

16 artifacts.

17 ‘‘(3) To facilitate research on and educational

18 activities relating to military history.

19 ‘‘(4) To promote voluntary partnerships be20 tween the Federal Government and the private sec-
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1 tor for the preservation of such artifacts and of mili2 tary history.

3 ‘‘(5) To facilitate the display of such artifacts

4 for the education and benefit of the public.

5 ‘‘(6) To develop publications and other interpre6 tive materials pertinent to the historical collections

7 of the Armed Forces of the United States that will

8 supplement similar publications and materials avail9 able from public, private, and corporate sources.

10 ‘‘(7) To provide financial support for edu11 cational, interpretive, and conservation programs of

12 the Armed Forces relating to such artifacts.

13 ‘‘(8) To broaden public understanding of the

14 role of the military in United States history.

15 ‘‘(9) To recognize and honor the individuals

16 who have served in the Armed Forces.

17 ‘‘§ 151953. Membership

18 ‘‘Eligibility for membership in the Foundation and

19 the rights, privileges, and designation of classes of mem20 bers of the Foundation shall be as provided in the con21 stitution and bylaws of the Foundation.

22 ‘‘§ 151954. Governing body

23 ‘‘(a) BOARD OF DIRECTORS.—(1) The Foundation

24 shall have a Board of Directors (in this chapter referred

25 to as the ‘Board’) composed of nine individuals appointed
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1 by the Secretary of Defense from among individuals who

2 are United States citizens.

3 ‘‘(2) Of the individuals appointed under paragraph

4 (1)—

5 ‘‘(A) at least one shall have an expertise in his6 toric preservation;

7 ‘‘(B) at least one shall have an expertise in

8 military history;

9 ‘‘(C) at least one shall have an expertise in the

10 administration of museums; and

11 ‘‘(D) at least one shall have an expertise in

12 military technology and materiel.

13 ‘‘(b) CHAIRPERSON.—(1) The Secretary shall des14 ignate one of the individuals first appointed to the Board

15 under subsection (a) as the chairperson of the Board. The

16 individual so designated shall serve as chairperson for a

17 term of 2 years.

18 ‘‘(2) Upon the expiration of the term of chairperson

19 of the individual designated as chairperson under para20 graph (1), or of the term of a chairperson elected under

21 this paragraph, the members of the Board shall elect a

22 chairperson of the Board from among its members.

23 ‘‘(c) TERM.—(1) Subject to paragraph (2), members

24 appointed to the Board shall serve on the Board for a term

25 of 4 years.
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1 ‘‘(2) If a member of the Board misses three consecu2 tive meetings of the Board, the Board may remove the

3 member from the Board for that reason.

4 ‘‘(d) VACANCY.—Any vacancy in the Board shall not

5 affect its powers but shall be filled, not later than 60 days

6 after the vacancy, in the same manner in which the origi7 nal appointment was made.

8 ‘‘(e) QUORUM.—A majority of the members of the

9 Board shall constitute a quorum.

10 ‘‘(f) MEETINGS.—The Board shall meet at the call

11 of the chairperson of the Board. The Board shall meet

12 at least once a year.

13 ‘‘§ 151955. Organizational matters

14 ‘‘The members of the Board first appointed under

15 section 151954(a) of this title shall—

16 ‘‘(1) adopt a constitution and bylaws for the

17 Foundation;

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

19 and

20 ‘‘(3) take whatever other actions the Board de21 termines appropriate in order to establish the Foun22 dation as a nonprofit corporation.

23 ‘‘§ 151956. Officers and employees

24 ‘‘(a) EXECUTIVE DIRECTOR.—The Foundation shall

25 have an executive director appointed by the Board and
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1 such other officers as the Board may appoint. The execu2 tive director and the other officers of the Foundation shall

3 be compensated at rates fixed by the Board and shall serve

4 at the pleasure of the Board.

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

6 Board, the Foundation may employ such individuals, and

7 at such rates of compensation, as the executive director

8 determines appropriate.

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

10 Board, the Foundation may accept the services of volun11 teers in the performance of the functions of the Founda12 tion.

13 ‘‘(d) SERVICE OF FEDERAL EMPLOYEES.—A person

14 who is a full-time or part-time employee of the Federal

15 Government may not serve as a full-time or part-time em16 ployee of the Foundation and shall not be considered for

17 any purpose an employee of the Foundation.

18 ‘‘§ 151957. Powers

19 ‘‘In order to carry out the purposes of this chapter,

20 the Foundation may—

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

22 any gift, devise, or bequest of real or personal prop23 erty made to the Foundation;

24 ‘‘(2) enter into contracts with individuals, pub25 lic or private organizations, professional societies,
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1 and government agencies for the purpose of carrying

2 out the functions of the Foundation; and

3 ‘‘(3) enter into such other contracts, leases, co4 operative agreements, and other transactions as the

5 executive director of the Foundation considers ap6 propriate to carry out the activities of the Founda7 tion.

8 ‘‘§ 151958. Duty to maintain tax-exempt status

9 ‘‘The Foundation shall maintain its status as an or10 ganization exempt from taxation under the Internal Rev11 enue Code of 1986 (26 U.S.C. 1 et seq.).

12 ‘‘§ 151959. Additional annual reports

13 ‘‘In addition to the annual report required by section

14 10101(b) of this title, the Foundation shall submit to the

15 Secretary of Defense on an annual basis a report on the

16 activities of the Foundation during the preceding fiscal

17 year, including a full and complete statement of the re18 ceipts, expenditures, investment activities, and other fi19 nancial activities of the Foundation during such fiscal

20 year.’’.

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

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

23 after the item relating to chapter 1519 the following new

24 item:

‘‘1520. National Military Museum Foundation ........................................151951’’.
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1 (b) INITIAL SUPPORT.—(1) There is authorized to be

2 appropriated for the Department of Defense for fiscal year

3 2000, $250,000 for the purpose of making a grant to the

4 National Military Museum Foundation established by

5 chapter 1520 of title 36, United States Code (as added

6 by subsection (a)), in order to assist the Foundation in

7 defraying the costs of its activities. Such amount shall be

8 available for such purpose until expended.

9 (2) In each of fiscal years 2000 through 2002, the

10 Secretary of Defense may provide, without reimbursement,

11 personnel, facilities, and other administrative services of

12 the Department to the Foundation.

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