[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Reported in Senate (RS)]






                                                       Calendar No. 444
107th CONGRESS
  2d Session
                                 S. 281

                          [Report No. 107-177]

   To authorize the design and construction of a temporary education 
                center at the Vietnam Veterans Memorial.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2001

Mr. Hagel (for himself, Mr. McCain, Mr. Cleland, Mr. Kerry, Mr. Warner, 
   Ms. Snowe, Mr. DeWine, Mr. Hutchinson, Mr. Miller, Mr. Levin, Mr. 
    Brownback, Mr. Conrad, Mr. Daschle, Mr. Lott, Mr. Feingold, Mr. 
    Stevens, Mr. Voinovich, Mr. Smith of Oregon, Mr. Bingaman, Mr. 
  Rockefeller, Mr. Dodd, Mr. Breaux, Mr. Fitzgerald, Mr. Durbin, Mr. 
 Inouye, Mrs. Hutchison, Mr. Kennedy, Mr. Sarbanes, Ms. Stabenow, Mr. 
  Domenici, Mrs. Feinstein, Mr. Edwards, Mr. Lieberman, Mr. Bond, Mr. 
McConnell, Ms. Landrieu, Mr. Torricelli, Mr. Burns, Mr. Murkowski, Mr. 
 Allen, Mr. Akaka, Mr. Ensign, Mr. Craig, Mr. Thomas, Mr. Corzine, Mr. 
Biden, Mrs. Boxer, Mr. Sessions, Mr. Chafee, Mr. Bayh, Mr. Carper, Mrs. 
Clinton, Mr. Nelson of Florida, Mr. Dayton, Mrs. Lincoln, Mr. Kohl, Mr. 
 Helms, Mr. Lugar, Mr. Bunning, Mr. Specter, Mr. Crapo, Mrs. Carnahan, 
 and Mr. Johnson) introduced the following bill; which was read twice 
     and referred to the Committee on Energy and Natural Resources

                             June 25, 2002

  Reported by Mr. Bingaman, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To authorize the design and construction of a temporary education 
                center at the Vietnam Veterans Memorial.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Vietnam Veterans Memorial 
Education Act''.</DELETED>

<DELETED>SEC. 2. TEMPORARY EDUCATION CENTER.</DELETED>

<DELETED>    Public Law 96-297 (16 U.S.C. 431 note; 94 Stat. 827) is 
amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 6. TEMPORARY EDUCATION CENTER.</DELETED>

<DELETED>    ``(a) In General.--The Vietnam Veterans Memorial Fund, 
Inc., may, in accordance with this section, construct a temporary 
education center (referred to in this section as the `Center') for the 
purpose of educating people about the memorial authorized by this 
Act.</DELETED>
<DELETED>    ``(b) Elements.--The Center shall--</DELETED>
        <DELETED>    ``(1) be placed on the memorial described in 
        section 5(f);</DELETED>
        <DELETED>    ``(2) replace the National Park Service visitor 
        center located on the site as of the date of enactment of this 
        section; and</DELETED>
        <DELETED>    ``(3) have an area of not to exceed 1,200 square 
        feet.</DELETED>
<DELETED>    ``(c) Duration.--</DELETED>
        <DELETED>    ``(1) In general.--The Center shall be a temporary 
        structure to be erected for a period of 10 years beginning on 
        the date of completion of construction of the Center, subject 
        to paragraph (2).</DELETED>
        <DELETED>    ``(2) Reevaluation.--On expiration of the period 
        referred to in paragraph (1), Congress may reevaluate the 
        continuing need for the Center.</DELETED>
<DELETED>    ``(d) Funding.--All funds required for the design and 
construction of the Center shall be provided by the Vietnam Veterans 
Memorial Fund, Inc.</DELETED>
<DELETED>    ``(e) Relation to Commemorative Works Act.--The 
Commemorative Works Act (40 U.S.C. 1001 et seq.) shall apply to the 
design and placement of the Center.</DELETED>
<DELETED>    ``(f) Limited Availability of Excess Coin Funds.--
</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), none of the funds made available under section 208(b) of 
        the United States Veterans Commemorative Coin Act of 1993 (31 
        U.S.C. 5112 note; 107 Stat. 2249) may be used to carry out this 
        section.</DELETED>
        <DELETED>    ``(2) Use of excess coin funds.--Funds described 
        in paragraph (1) may be used to carry out this section only 
        if--</DELETED>
                <DELETED>    ``(A) excess funds are available after the 
                purposes of section 208(b) of the United States 
                Veterans Commemorative Coin Act of 1993 (31 U.S.C. 5112 
                note; 107 Stat. 2249) have been met; and</DELETED>
                <DELETED>    ``(B) the Vietnam Veterans Memorial Fund, 
                Inc.--</DELETED>
                        <DELETED>    ``(i) prepares a detailed written 
                        explanation of its compliance with section 
                        208(b) of the United States Veterans 
                        Commemorative Coin Act of 1993 (31 U.S.C. 5112 
                        note; 107 Stat. 2249) (including an accounting 
                        of any excess funds);</DELETED>
                        <DELETED>    ``(ii) prepares a detailed written 
                        explanation of the actual purposes for which 
                        the excess funds, or any portion of the funds, 
                        would be used (including documentation, in 
                        sufficient detail, of the actual uses of those 
                        funds);</DELETED>
                        <DELETED>    ``(iii) has the explanations and 
                        documentation under clauses (i) and (ii) 
                        certified by each member of its board of 
                        directors and by its chief executive 
                        officer;</DELETED>
                        <DELETED>    ``(iv) provides for an appropriate 
                        contingency reserve; and</DELETED>
                        <DELETED>    ``(v) makes available, on request 
                        by any Member of Congress or authorized 
                        representative of a Federal department or 
                        agency, any explanation or certified document 
                        (including supporting documents) described in 
                        any of clauses (i) through (iii).''.</DELETED>

          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 the Commemorative Works Act (40 U.S.C. 1001 et seq.) and this 
section.
    ``(b) Commemorative Works Act Applies.--(1) The Commemorative Works 
Act (40 U.S.C. 1001 et seq.) 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 6(a) of that Act (40 U.S.C. 
        1006(a)) requiring approval by law for the location of a 
        commemorative work within Area I, shall not apply.
    ``(2) Notwithstanding section 6(c) of the Commemorative Works Act 
(as added by the Commemorative Works Clarification and Revision Act of 
2002), the designation of the Reserve shall not preclude the approval 
of a site for the education center within such area.
    ``(3) Section 7(b)(4) of the Commemorative Works Act (as added by 
the Commemorative Works Clarification and Revision Act of 2002), 
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 8(b) of the 
Commemorative Works Act (as amended by the Commemorative Works 
Clarification and Revision Act of 2002) (40 U.S.C. 1008(b)) (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.
    ``(e) Limited Availability of Excess Coin Funds.--(1) Except as 
provided in paragraph (2), none of the funds made available under 
section 208(b) of the United States Veterans Commemorative Coin Act of 
1993 (31 U.S.C. 5112 note) shall be used to carry out this section.
    ``(2) Funds described in paragraph (1) may be used to carry out 
this section only if--
            ``(A) excess funds are available after the purposes of 
        section 208(b) of the United States Veterans Commemorative Coin 
        Act of 1993 (31 U.S.C. 5112 note) have been met; and
            ``(B) the Vietnam Veterans Memorial Fund, Inc.--
                    ``(i) prepares a detailed written explanation of 
                its compliance with the requirements of section 208(b) 
                of that Act, including an accounting of any excess 
                funds;
                    ``(ii) prepares a detailed written explanation of 
                the purposes for which the excess funds (or any portion 
                thereof) would be used;
                    ``(iii) prepares a detailed documentation of the 
                actual uses for which the excess funds (or any portion 
                thereof) was spent;
                    ``(iv) has the explanations and documentation under 
                clauses (I) through (iii) certified by each member of 
                its Board of Directors and by its Chief Executive 
                Officer; and
                    ``(v) makes available, upon request of the 
                Secretary of the Interior, the Comptroller General of 
                the United States, or any other authorized 
                representative of a Federal department or agency, any 
                explanation or certified document (including supporting 
                documents) described in this subparagraph.''.

              TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Commemorative Works Clarification 
and Revision Act of 2002''.

SEC. 202. ESTABLISHMENT OF RESERVE.

    (a) Findings.--Congress finds that--
            (1) the great cross-axis of the Mall in the District of 
        Columbia, which generally extends from the United States 
        Capitol to the Lincoln Memorial, and from the White House to 
        the Jefferson Memorial, is a substantially completed work of 
        civic art;
            (2) to preserve the integrity of the Mall, a reserve area 
        should be designated within the core of the great cross-axis of 
        the Mall where the siting of new commemorative works is 
        prohibited.
    (b) Reserve.--Section 6 of the Commemorative Works Act (40 U.S.C. 
1006) is amended by adding at the end the following:
    ``(c) After the date of enactment of the Commemorative Works 
Clarification and Revision Act of 2002, no commemorative work shall be 
located within the Reserve.''.

SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.

    (a) Section 1(b) of the Commemorative Works Act (40 U.S.C. 1001(b)) 
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) Section 2 of the Commemorative Works Act (40 U.S.C. 1002) is 
amended to read as follows;
    ``As used in this Act--
            ``(1) the term `Secretary' means the Secretary of the 
        Interior;
            ``(2) the term `Administrator' means the Administrator of 
        the General Services Administration;
            ``(3) 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;
            ``(4) 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;
            ``(5) 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 (6);
            ``(6) 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 869/86501A, and dated May 1, 2002.''.
    (c) Section 3 of the Commemorative Works 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 
                limted military engagment'';
                    (B) by striking ``the event.'' and inserting ``such 
                war or conflict''.
            (2) In subsection (d)--
                    (A) by striking ``House Administration'' and 
                inserting ``Resources''; and
                    (B) by inserting ``Advisory'' before 
                ``Commission''.
    (d) Section 4 of the Commemorative Works Act (40 U.S.C. 1004) is 
amended as follows:
            (1) In subsection (a) by striking ``The National Capital 
        Memorial Advisory Committee as established by the Secretary is 
redesignated as the National Capital Memorial Commission. The 
membership of the Commission shall be expanded to include:'' and 
inserting ``The National Capital Memorial Advisory Commission is hereby 
established and shall include the following members (or their 
designees):''.
            (2) In subsection (b)--
                    (A) in the first sentence, by inserting 
                ``Advisory'' before ``Commission''; and
                    (B) by striking ``Administrator'' and inserting 
                ``Administrator (as appropriate)''.
    (e) Section 5 of the Commemorative Works Act (40 U.S.C. 1005) is 
amended--
            (1) by striking ``Secretary and the Administrator'' and 
        inserting ``Secretary or the Administrator (as appropriate)''; 
        and
            (2) by striking ``numbered 869/8501, and dated May 1, 
        1986.'' and inserting ``entitled `Commemorative Areas 
        Washington, DC and Environs', numbered 869/8501A, and dated May 
        1, 2002.''.
    (f) Section 7 of the Commemorative Works Act (40 U.S.C. 1007) is 
amended as follows:
            (1) In subsection (a)--
                    (A) by striking ``person'' and inserting 
                ``sponsor'' each place it appears; and
                    (B) 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), by striking ``open space and 
                existing public use; and'' and inserting ``open space, 
                existing public use, and cultural and natural 
                resources;''.
    (g) Section 8 of the Commemorative Works Act (40 U.S.C. 1008) 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)(1) In addition to the foregoing criteria, 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 2002 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.''.
    (h) Section 10(b) of the Commemorative Works Act (40 U.S.C. 1010) 
is amended 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, if such additional 
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 (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.''.

SEC. 204. SITE AND DESIGN CRITERIA.

    Section 7 of the Commemorative Works Act (40 U.S.C. 1007) is 
further amended as follows:
            (1) in subsection (b)(3), by striking the period at the end 
        and inserting a semicolon; and
            (2) 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 
        reference in section 2(5);
            ``(5) 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; and
            ``(6) 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 OR 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; and
            (4) To make other appropriate changes, if any, to protect 
        the character of the Reserve.
            Amend the title so as to read: ``A bill to authorize 
        construction of an education center at or near the Vietnam 
        Veterans Memorial, and for other purposes.''.
                                 <all>




                                                       Calendar No. 444

107th CONGRESS

  2d Session

                                 S. 281

                          [Report No. 107-177]

_______________________________________________________________________

                                 A BILL

   To authorize the design and construction of a temporary education 
                center at the Vietnam Veterans Memorial.

_______________________________________________________________________

                             June 25, 2002

        Reported with an amendment and an amendment to the title