[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 311 Reported in Senate (RS)]






                                                       Calendar No. 516
106th CONGRESS
  2d Session
                                 S. 311

                          [Report No. 106-273]

    To authorize the Disabled Veterans' LIFE Memorial Foundation to 
 establish a memorial in the District of Columbia or its environs, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 1999

 Mr. McCain (for himself, Mr. Coverdell, Mr. Cleland,  Mr. Kerrey, Mr. 
 Reid, Mr. Bryan, Mr. Inouye, Mr. Kennedy, Mr. Feingold, Mrs. Murray, 
   Ms. Collins, Ms. Snowe, Mr. Wellstone, Mr. Daschle, Mr. Robb, Mr. 
   Hutchinson, Mr. Burns, Mr. Graham, Mr. Harkin, and Mr. L. Chafee) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

                             April 13, 2000

               Reported by Mr. Murkowski, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    To authorize the Disabled Veterans' LIFE Memorial Foundation to 
 establish a memorial in the District of Columbia or its environs, and 
                          for other purposes.

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

            TITLE I--THE DISABLED AMERICAN VETERANS MEMORIAL

<DELETED>SECTION 1. </DELETED>SECTION 101. AUTHORITY TO ESTABLISH 
              MEMORIAL.

    (a) In General.--<DELETED>The Disabled </DELETED>Notwithstanding 
section 3(c) of Public Law 99-652, as amended (40 U.S.C. 1003(c)), the 
Disabled  Veterans' LIFE Memorial Foundation is authorized to establish 
a memorial on Federal land in the District of Columbia or its environs 
to honor disabled American veterans who have served in the Armed Forces 
of the United States.
    (b) Compliance With Standards for Commemorative Works.--The 
establishment of the memorial authorized by subsection (a) shall be in 
accordance with the Act entitled ``An Act to provide standards for 
placement of commemorative works on certain Federal lands in the 
District of Columbia and its environs, and for other purposes'', 
approved November 14, 1986 (40 U.S.C. 1001 et seq.).

SEC. <DELETED>2. </DELETED>102. PAYMENT OF EXPENSES.

    The Disabled Veterans' LIFE Memorial Foundation shall be solely 
responsible for acceptance of contributions for, and payment of the 
expenses of, the establishment of the memorial authorized by section 
1(a). No Federal funds may be used to pay any expense of the 
establishment of the memorial.

SEC. <DELETED>3. </DELETED>103. DEPOSIT OF EXCESS FUNDS.

    If, upon payment of all expenses of the establishment of the 
memorial authorized by section 1(a) (including the maintenance and 
preservation amount provided for in section 8(b) of the Act referred to 
in section 1(b)), or upon expiration of the authority for the memorial 
under section 10(b) of such Act, there remains a balance of funds 
received for the establishment of the memorial, the Disabled Veterans' 
LIFE Memorial Foundation shall transmit the amount of the balance to 
the Secretary of the Treasury for deposit in the account provided for 
in section 8(b)(1) of such Act.

              TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS

SEC. 201. REFERENCE TO COMMEMORATIVE WORKS ACT.

    (a) In this title the term ``Act'' means the Commemorative Works 
Act of 1986, as amended (Public Law 99-652; 40 U.S.C. 1001 et seq.).

SEC. 202. CLARIFICATIONS AND REVISIONS TO THE ACT.

    (a) Section 1(b) of the Act (40 U.S.C. 1001(b)) is amended by 
striking the semicolon and inserting ``and its environs, and to 
encourage the location of commemorative works within the urban fabric 
of the District of Columbia;''.
    (b) Section 2 of the Act (40 U.S.C. 1002) is amended as follows:
            (1) In subsection (c) by striking ``or a structure which is 
        primarily used for other purposes'' and inserting ``that is not 
        a commemorative work as defined by this Act'';
            (2) In subsection (d) by striking ``person'' and inserting 
        ``sponsor'';
            (3) In subsection (e) by striking ``Areas I and II as 
        depicted on the map numbered 869/86501, and dated May 1, 1986', 
        and insert ``the Reserve, Area I, and Area II as depicted on 
        the map numbered 869/86501A, and dated March 23, 2000'';
            (4) By redesignating subsection (e) as subsection (f); and
            (5) By adding a new subsection (e) as follows:
    ``(e) the term ``Reserve'' means the great cross-axis of the Mall, 
which is a substantially completed work of civic art and which 
generally extends from the U.S. Capitol to the Lincoln Memorial, and 
from the White House to the Jefferson Memorial, as depicted on the map 
described in subsection (f);''.
    (c) Section 3 of the Act (40 U.S.C. 1003) 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 ``10'' and inserting ``25''; and
                    (C) by striking ``the event.'' and inserting ``such 
                war or conflict.''.
            (2) In subsection (c) by striking ``other than a military 
        commemorative work as described in subsection (b) of this 
        section''; and
            (3) In subsection (d) by striking ``House Oversight'' and 
        inserting ``Resources''.
    (d) Section 4 of the Act (40 U.S.C. 1004) is amended as follows:
            (1) By amending subsection (a) to read as follows:
    ``(a) The National Capital Memorial Commission is hereby 
established and shall include the following members or their designees:
            ``(1) Director, National Park Service (who shall serve as 
        Chairman);
            ``(2) Architect of the Capitol;
            ``(3) Chairman, American Battle Monuments Commission;
            ``(4) Chairman, Commission of Fine Arts;
            ``(5) Chairman, National Capital Planning Commission;
            ``(6) Mayor, District of Columbia;
            ``(7) Commissioner, Public Buildings Service, General 
        Services Administration; and
            ``(8) Secretary, Department of Defense.''; and
            (2) In subsection (b) by striking ``Administrator'' and 
        inserting ``Administrator (as appropriate)''.
    (e) Section 5 of the Act (40 U.S.C. 1005) is amended--
            (1) By striking ``Administrator'' and inserting 
        ``Administrator (as appropriate)'' and
            (2) By striking ``869/8501, and dated May 1, 1986.'' and 
        inserting ``869/8501A, and dated March 23, 2000.''.
    (f) Section 6 of the Act (40 U.S.C. 1006) is amended as follows:
            (1) In subsection (a) by striking ``3(b)'' and inserting 
        ``3(d)'';
            (2) By redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
            (3) by adding a new subsection (a) as follows:
    ``(a) Sites for commemorative works shall not be authorized within 
the Reserve after January 1, 2000.''.
    (g) Section 7 of the Act (40 U.S.C. 1007) is amended as follows:
            (1) By striking ``person'' and inserting ``sponsor'' each 
        place it appears;
            (2) In subsection (a) by striking ``designs'' and inserting 
        ``design concepts'';
            (3) In subsection (b) by striking ``and Administrator'' and 
        inserting ``or Administrator (as appropriate)'';
            (4) In subsection (b)(2) by striking ``open space and 
        existing public use; and'' and inserting ``open space, existing 
        public use, and cultural and natural resources;'';
            (5) In subsection (b)(3) by striking the period at the end 
        and inserting a semicolon; and
            (6) by adding the following new paragraphs:
            ``(4) 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 subsection 2(f);
            ``(5) The National Capital Planning Commission and the 
        Commission of Fine Arts may develop such criteria or guidelines 
        specified to each site that are mutually agreed upon to ensure 
        that the design of the commemorative work carries out the 
        purposes of this Act; and''
            ``(6) Donor contributions to commemorative works shall not 
        be acknowledged in any manner as part of the commemorative work 
        or its site.''.
    (h) Section 8 of the Act (40 U.S.C. 1008) is amended as follows:
            (1) In subsection (a)(3) and (a)(4) and in subsection (b) 
        by striking ``person'' each place it appears and inserting 
        ``sponsor'';
            (2) In subsection (b)(1) and (b)(2) by striking ``persons'' 
        each place it appears and inserting ``a sponsor'';
            (3) By adding at the end of subsection (b)(1), ``All such 
        proceeds shall be available, without further appropriation, for 
        the non-recurring repair of the sponsor's commemorative 
        work.'';
            (4) In subsection (b)(2), by striking ``Congress authorizes 
        and directs that,'' and inserting ``Congress authorizes and 
        directs that, upon request,'';
            (5) In subsection (b)(2) in the first sentence strike 
        ``Administrator'', and inserting ``Administrator (as 
        appropriate)''; and
            (6) By amending subsection (c) to read as follows:
    ``(c) The sponsor shall be required to submit to the Secretary or 
the Administrator (as appropriate) an annual report of operations, 
including financial statements audited by an independent certified 
public accountant, paid for by the sponsor authorized to construct the 
commemorative work.''.
    (i) Section 9 of the Act (40 U.S.C. 1009) is hereby repealed.
    (j) Section 10 of the Act (40 U.S.C. 1010) is amended as follows:
            (1) by amending subsection (b) to read as follows:
    ``(b) 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 where such addition 
authority has been granted, unless:
            ``(1) the Secretary or the Administrator (as appropriate) 
        has issued a construction permit for the commemorative work 
        during that period; or
            ``(2) the Secretary or the Administrator, in consultation 
        with the National Capital Memorial Commission, has made a 
        determination that final design approvals have been obtained 
        from the National Capital Planning Commission and the 
        Commission of Fine Arts and that 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 may extend the 7-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 will also expire.''; and
            (2) By adding a new subsection (f) as follows:
    ``(f) The National Capital Planning Commission, in coordination 
with the Commission of Fine Arts and the National Capital Memorial 
Commission, shall complete its master plan to guide the location and 
development of future memorials outside the Reserve for the next 50 
years, including evaluation of and guidelines for potential sites.''.
                                                       Calendar No. 516

106th CONGRESS

  2d Session

                                 S. 311

                          [Report No. 106-273]

_______________________________________________________________________

                                 A BILL

    To authorize the Disabled Veterans' LIFE Memorial Foundation to 
 establish a memorial in the District of Columbia or its environs, and 
                          for other purposes.

_______________________________________________________________________

                             April 13, 2000

                        Reported with amendments