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H.R. 4064 (105th): Native American Veterans’ Memorial Act of 1998


The text of the bill below is as of Jun 16, 1998 (Introduced). The bill was not enacted into law.


HR 4064 IH

105th CONGRESS

2d Session

H. R. 4064

To provide for a Native American Veterans’ Memorial.

IN THE HOUSE OF REPRESENTATIVES

June 16, 1998

Mr. REDMOND (for himself, Mrs. CHENOWETH, Mr. CRAPO, Mr. SKEEN, Mr. TOWNS, Mr. CONDIT, Mr. ROMERO-BARCELO, Mr. HASTINGS of Florida, Mr. WATTS of Oklahoma, Mrs. MINK of Hawaii, and Mr. CALVERT) introduced the following bill; which was referred to the Committee on Resources


A BILL

To provide for a Native American Veterans’ Memorial.

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

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.