[Senate Report 106-330]
[From the U.S. Government Publishing Office]
Calendar No. 664
106th Congress Report
SENATE
2d Session 106-330
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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