[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1076 Referred in House (RFH)]
1st Session
S. 1076
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2003
Referred to the Committee on Resources
_______________________________________________________________________
AN ACT
To authorize construction of an education center at or near the Vietnam
Veterans Memorial.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--VIETNAM VETERANS MEMORIAL EDUCATION CENTER
SEC. 101. EDUCATION CENTER.
Public Law 96-297, as amended (16 U.S.C. 431 note), is further
amended by adding at the end thereof the following:
``sec. 6. education center.
``(a) Authorization.--
``(1) The Vietnam Veterans Memorial Fund, Inc., is
authorized to construct an education center at or near the
Vietnam Veterans Memorial site, subject to the provisions of
this section, in order to better inform and educate the public
about the Vietnam Veterans Memorial.
``(2) The education center may be located above ground or
underground, as determined through the approval process set
forth under the Commemorative Works Act and this Act.
``(3) As used in this section, the term `education center'
or `center' means a building or other structure approved in
accordance with chapter 89 of title 40, United States Code
(commonly referred to as the `Commemorative Works Act') and
this section.
``(b) Application of Commemorative Works Act.--
``(1) The Commemorative Works Act (chapter 89 of title 40,
United States Code) shall apply to the education center, and
the center shall be considered a commemorative work for the
purposes of that Act, except that--
``(A) final approval of the education center shall
not be withheld; and
``(B) the provisions of section 8908(b) of title
40, United States Code, requiring approval by law for
the location of a commemorative work within Area I,
shall not apply.
``(2) Notwithstanding section 8908(c) of title 40, United
States Code (as added by the Commemorative Works Clarification
and Revision Act of 2003), the designation of the Reserve shall
not preclude the approval of a site for the education center
within such area.
``(3) Section 8905(b)(5) of title 40, United States Code
(as added by the Commemorative Works Clarification and Revision
Act of 2003), prohibiting the authorization of a commemorative
work primarily designed as a museum on lands under the
jurisdiction of the Secretary of the Interior within Area I or
East Potomac Park, shall not be construed to deny approval of
the education center.
``(4) The size of the education center shall be limited to
the minimum necessary--
``(A) to provide for appropriate educational and
interpretive functions; and
``(B) to prevent interference or encroachment on
the Vietnam Veterans Memorial and to protect open space
and visual sightlines on the Mall.
``(5) The education center shall be constructed and
landscaped in a manner harmonious with the site of the Vietnam
Veterans Memorial, consistent with the special nature and
sanctity of the Mall.
``(c) Operation and Maintenance.--
``(1) The education center shall be operated and maintained
by the Secretary of the Interior.
``(2) This subsection does not waive section 8906(b) of
title 40, United States Code (as amended by the Commemorative
Works Clarification and Revision Act of 2003), requiring the
donation of funds to offset the costs of perpetual maintenance
and preservation of the commemorative work.
``(d) Funding.--All funds required for the planning, design and
construction of the education center shall be provided by the Vietnam
Veterans Memorial Fund, Inc. No Federal funds shall be used for the
planning, design, or construction of the center.''.
TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Commemorative Works Clarification
and Revision Act of 2003''.
SEC. 202. ESTABLISHMENT OF RESERVE.
Section 8908 of title 40, United States Code, is amended by adding
at the end the following:
``(c) Reserve.--After the date of enactment of the Commemorative
Works Clarification and Revision Act of 2003, no commemorative work
shall be located within the Reserve.''.
SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.
(a) Purposes.--Section 8901(2) of title 40, United States Code, is
amended by striking ``Columbia;'' and inserting ``Columbia and its
environs, and to encourage the location of commemorative works within
the urban fabric of the District of Columbia;''.
(b) Definitions.--Section 8902(a) of title 40, United States Code,
is amended to read as follows:
``(a) Definitions.--In this chapter, the following definitions
apply--
``(1) the term `commemorative work' means any statue,
monument, sculpture, memorial, plaque, inscription, or other
structure or landscape feature, including a garden or memorial
grove, designed to perpetuate in a permanent manner the memory
of an individual, group, event or other significant element of
American history, except that the term does not include any
such item which is located within the interior of a structure
or a structure which is primarily used for other purposes;
``(2) the term `sponsor' means a public agency, and an
individual, group or organization that is described in section
501(c)(3) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code, and which is authorized
by Congress to establish a commemorative work in the District
of Columbia and its environs;
``(3) the term `Reserve' means the great cross-axis of the
Mall, which generally extends from the United States Capitol to
the Lincoln Memorial, and from the White House to the Jefferson
Memorial, as depicted on the map referenced in paragraph (4);
and
``(4) the term `the District of Columbia and its environs'
means those lands and properties administered by the National
Park Service and the General Services Administration located in
the Reserve, Area I, and Area II as depicted on the map
entitled `Commemorative Areas Washington, DC and Environs',
numbered 869/86501 B, and dated June 24, 2003.''.
(c) Authorization.--Section 8903 of title 40, United States Code,
is amended as follows:
(1) In subsection (b)--
(A) by striking ``work commemorating a lesser
conflict'' and inserting ``work solely commemorating a
limited military engagement'';
(B) by striking ``the event.'' and inserting ``such
war or conflict.''.
(2) In subsection (d)--
(A) by striking ``Consultation with National
Capital Memorial Commission.--'' and inserting
``Consultation with National Capital Memorial Advisory
Commission.--'';
(B) by striking ``House Administration'' and
inserting ``Resources''; and
(C) by inserting ``Advisory'' before
``Commission''; and
(3) Subsection (e) is amended to read as follows:
``(e) Expiration of Legislative Authority.--Any legislative
authority for a commemorative work shall expire at the end of the
seven-year period beginning on the date of the enactment of such
authority, or at the end of the seven-year period beginning on the date
of the enactment of legislative authority to locate the commemorative
work within Area I, if such additional authority has been granted,
unless--
``(1) the Secretary of the Interior or the Administrator of
General Services (as appropriate) has issued a construction
permit for the commemorative work during that period; or
``(2) the Secretary or the Administrator (as appropriate),
in consultation with the National Capital Memorial Advisory
Commission, has made a determination that--
``(A) final design approvals have been obtained
from the National Capital Planning Commission and the
Commission of Fine Arts; and
``(B) 75 percent of the amount estimated to be
required to complete the memorial has been raised.
If these two conditions have been met, the Secretary or the
Administrator (as appropriate) may extend the seven-year legislative
authority for a period not to exceed three years from the date of
expiration. Upon expiration of the legislative authority, any previous
site and design approvals shall also expire.''.
(d) National Capital Memorial Advisory Commission.--Section 8904 of
title 40, United States Code, is amended as follows:
(1) By striking ``Sec. 8904. National Capital Memorial
Commission'' and inserting ``Sec. 8904. National Capital
Memorial Advisory Commission''.
(2) In subsection (a) by striking ``There is a National
Capital Memorial Commission. The membership of the Commission
consists of--'' and inserting ``The National Capital Memorial
Advisory Commission is hereby established and shall include the
following members (or their designees):''.
(3) In subsection (c)--
(A) by inserting ``Advisory'' before
``Commission''; and
(B) by striking ``Services'' and inserting
``Services (as appropriate)''.
(4) In subsection (d) by inserting ``Advisory'' before
``Commission''.
(e) Site and Design Approval.--Section 8905 of title 40, United
States Code, is amended as follows:
(1) In subsection (a)--
(A) by striking ``person'' and inserting
``sponsor'' each place it appears;
(B) by inserting ``Advisory'' before ``Commission''
in paragraph (1); and
(C) by striking ``designs'' and inserting ``design
concepts''.
(2) In subsection (b)--
(A) by striking ``and Administrator'' and inserting
``or Administrator (as appropriate)''; and
(B) in paragraph (2)(B), by striking, ``open space
and existing public use.'' and inserting ``open space,
existing public use, and cultural and natural
resources.''.
(f) Criteria for Issuance of Construction Permit.--Section 8906 of
title 40, United States Code, is amended as follows:
(1) In subsection (a)(3) and (a)(4) by striking ``person''
and inserting ``sponsor''.
(2) By amending subsection (b) to read as follows:
``(b) Donation for Perpetual Maintenance and Preservation.--
``(1) In addition to the criteria described above in
subsection (a), no construction permit shall be issued unless
the sponsor authorized to construct the commemorative work has
donated an amount equal to 10 percent of the total estimated
cost of construction to offset the costs of perpetual
maintenance and preservation of the commemorative work. All
such amounts shall be available for those purposes pursuant to
the provisions of this subsection. The provisions of this
subsection shall not apply in instances when the commemorative
work is constructed by a Department or agency of the Federal
Government and less than 50 percent of the funding for such
work is provided by private sources.
``(2) Notwithstanding any other provision of law, money on
deposit in the Treasury on the date of enactment of this
subsection provided by a sponsor for maintenance pursuant to
this subsection shall be credited to a separate account in the
Treasury.
``(3) Money provided by a sponsor pursuant to the
provisions of this subsection after the date of enactment of
the Commemorative Works Clarification and Revision Act of 2003
shall be credited to a separate account with the National Park
Foundation.
``(4) Upon request, the Secretary of the Treasury or the
National Park Foundation shall make all or a portion of such
moneys available to the Secretary or the Administrator (as
appropriate) for the maintenance of a commemorative work. Under
no circumstances may the Secretary or Administrator request
funds from a separate account exceeding the total money in the
account established under paragraph (2) or (3). The Secretary
and the Administrator shall maintain an inventory of funds
available for such purposes. Funds provided under this
paragraph shall be available without further appropriation and
shall remain available until expended.''.
(g) Areas I and II.--Section 8908(a) of title 40, United States
Code, is amended--
(1) by striking ``Secretary of the Interior and
Administrator of General Services'' and inserting ``Secretary
of the Interior or the Administrator of General Services (as
appropriate)''; and
(2) by striking ``numbered 869/86581, and dated May 1,
1986.'' and inserting ``entitled `Commemorative Areas
Washington, DC and Environs', numbered 869/86501 B, and dated
June 24, 2003.''.
SEC. 204. SITE AND DESIGN CRITERIA.
Section 8905 of title 40, United States Code, is further amended by
adding the following new paragraphs to subsection (b):
``(5) Museums.--No commemorative work primarily designed as
a museum may be located on lands under the jurisdiction of the
Secretary in Area I or in East Potomac Park as depicted on the
map referenced in section 8902(4).
``(6) Site-specific guidelines.--The National Capital
Planning Commission and the Commission of Fine Arts may develop
such criteria or guidelines specific to each site that are
mutually agreed upon to ensure that the design of the
commemorative work carries out the purposes of this Act.
``(7) Donor contributions.--Donor contributions to
commemorative works shall not be acknowledged in any manner as
part of the commemorative work or its site.''.
SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.
Nothing in this title shall apply to a commemorative work for which
a site was approved in accordance with the Commemorative Works Act
prior to the date of enactment of this title.
SEC. 206. NATIONAL PARK SERVICE REPORTS.
Within six months after the date of enactment of this title, the
Secretary of the Interior, in consultation with the National Capital
Planning Commission and the Commission of Fine Arts, shall submit to
the Committee on Energy and Natural Resources of the United States
Senate, and to the Committee on Resources of the United States House of
Representatives reports setting forth plans for the following:
(1) To relocate the National Park Service's stable and
maintenance facilities that are within the Reserve as
expeditiously as possible.
(2) To relocate, redesign or otherwise alter the concession
facilities that are within the Reserve to the extent necessary
to make them compatible with the Reserve's character.
(3) To limit the sale or distribution of permitted
merchandise to those areas where such activities are less
intrusive upon the Reserve, and to relocate any existing sale
or distribution structures that would otherwise be inconsistent
with the plan.
(4) To make other appropriate changes, if any, to protect
the character of the Reserve.
Passed the Senate July 17, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.