[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1442 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      November 5, 2003.
    Resolved, That the bill from the House of Representatives (H.R. 
1442) entitled ``An Act to authorize the design and construction of a 
visitor center for the Vietnam Veterans Memorial.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

           TITLE I--VIETNAM VETERANS MEMORIAL VISITOR CENTER

SEC. 101. VISITOR CENTER

    Public Law 96-297 (16 U.S.C. 431 note) is amended by adding at the 
end the following:

``SEC. 6. VISITOR CENTER.

    ``(a) Authorization.--
            ``(1) In general.--The Vietnam Veterans Memorial Fund, 
        Inc., is authorized to construct a visitor center at or near 
        the Vietnam Veterans Memorial on Federal land in the District 
        of Columbia, or its environs, subject to the provisions of this 
        section, in order to better inform and educate the public about 
        the Vietnam Veterans Memorial and the Vietnam War.
            ``(2) Location.--The visitor center shall be located 
        underground.
            ``(3) Consultation on design phase.--The Vietnam Veterans 
        Memorial Fund, Inc. shall consult with educators, veterans 
        groups, and the National Park Service in developing the 
        proposed design of the visitor center.
    ``(b) Compliance With Standards Applicable to Commemorative 
Works.--Chapter 89 of title 40, United States Code, shall apply, 
including provisions related to the siting, design, construction, and 
maintenance of the visitor center, and the visitor center shall be 
considered a commemorative work for the purposes of that Act, except 
that--
            ``(1) final approval of the visitor center shall not be 
        withheld;
            ``(2) the provisions of subsections (b) and (c) of section 
        8908 of title 40, United States Code, requiring further 
        approval by law for the location of a commemorative work within 
        Area I and prohibiting the siting of a visitor center within 
        the Reserve shall not apply;
            ``(3) the size of the visitor 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; and
            ``(4) the visitor 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) In general.--The Secretary of the Interior shall--
                    ``(A) operate and maintain the visitor center, 
                except that the Secretary shall enter into a written 
                agreement with the Vietnam Veterans Memorial Fund, Inc. 
                for specified maintenance needs of the visitor center, 
                as determined by the Secretary; and
                    ``(B) as soon as practicable, in consultation with 
                educators and veterans groups, develop a written 
                interpretive plan for the visitor center in accordance 
                with National Park Service policy.
            ``(2) Donation for perpetual maintenance and 
        preservation.--Paragraph (1)(A) does not waive the requirements 
        of section 8906(b) of title 40, United States Code, with 
        respect to the visitor center.
    ``(d) Funding.--The Vietnam Veterans Memorial Fund, Inc. shall be 
solely responsible for acceptance of contributions for, and payment of 
expenses of, the establishment of the visitor center. No Federal funds 
shall be used to pay any expense of the establishment of the visitor 
center.''.

                     TITLE II--COMMEMORATIVE WORKS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Commemorative Works Clarification 
and Revision Act of 2003''.

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; and
            (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 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 or 
visitor center 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 of title 40, United States Code, is 
amended by striking subsection (a) and inserting the following:
    ``(a) Definitions.--In this chapter:
            ``(1) Commemorative work.--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 district of columbia and its environs.--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.
            ``(3) Reserve.--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 (2).
            ``(4) Sponsor.--The term `sponsor' means a public agency, 
        or 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.''.
    (c) Authorization.--Section 8903 of title 40, United States Code, 
is amended--
            (1) in subsection (b)--
                    (A) by striking ``work commemorating a lesser 
                conflict'' and inserting ``work solely commemorating a 
                limited military engagement''; and
                    (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) by striking subsection (e) and inserting the following:
    ``(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 commemorative work 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 additional years. 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--
            (1) in the heading, by inserting ``Advisory'' before 
        ``Commission'';
            (2) in subsection (a), by striking ``There is a National'' 
        and all that follows through ``consists of'' and inserting the 
        following: ``There is established the National Capital Memorial 
        Advisory Commission, which shall be composed of'';
            (3) in subsection (c)--
                    (A) by inserting ``Advisory'' before ``Commission 
                shall''; and
                    (B) by striking ``Services'' and inserting 
                ``Services (as appropriate)''; and
            (4) in subsection (d) by inserting ``Advisory'' before 
        ``Commission''.
    (e) Site and Design Approval.--Section 8905 of title 40, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``person'' each place it appears 
                and inserting ``sponsor''; and
                    (B) in paragraph (1)--
                            (i) by inserting ``Advisory'' before 
                        ``Commission''; and
                            (ii) by striking ``designs'' and inserting 
                        ``design concepts''; and
            (2) in subsection (b)--
                    (A) by striking ``Secretary, and Administrator'' 
                and inserting ``and the Secretary 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--
            (1) in subsection (a)(3) and (a)(4) by striking ``person'' 
        and inserting ``sponsor''; and
            (2) by striking subsection (b) and inserting the following:
    ``(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 the 
        Commemorative Works Clarification and Revision Act of 2003 
        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 of the Secretary or Administrator (as 
        appropriate), 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(b) of title 40, United States Code (as amended by 
section 203(e)), is amended by adding at the end the following:
            ``(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(2).
            ``(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 chapter.
            ``(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.

    Except for the provision in the amendment made by section 202(b) 
prohibiting a visitor center from being located in the Reserve (as 
defined in section 8902 of title 40, United States Code), nothing in 
this title shall apply to a commemorative work for which a site was 
approved in accordance with chapter 89 of title 40, United States Code, 
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, as soon as practicable after the date of 
        enactment of this Act, the National Park Service's stable and 
        maintenance facilities that are within the Reserve (as defined 
        in section 8902 of title 40, United States Code).
            (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.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                               H. R. 1442

_______________________________________________________________________

                               AMENDMENT