[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1981 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1981

   To amend the Constitution Heritage Act of 1988 to provide for the 
             operation of the National Constitution Center.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2003

 Mr. Santorum introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To amend the Constitution Heritage Act of 1988 to provide for the 
             operation of the National Constitution Center.

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

SECTION 1. OPERATION OF THE NATIONAL CONSTITUTION CENTER.

    Section 4 of the Constitution Heritage Act of 1988 (16 U.S.C. 
407cc) is amended by adding at the end the following:
    ``(c) Operation of the Center.--
            ``(1) In general.--A cooperative agreement entered into 
        under subsection (b) shall--
                    ``(A) authorize the Center to--
                            ``(i) operate the Center;
                            ``(ii) provide to visitors to the Center, 
                        and to any other areas of Independence National 
                        Historical Park that the Secretary and the 
                        Center determine to be appropriate, any 
                        activities and services relating to and 
                        consistent with any functions of the Center 
                        under section 3(b);
                            ``(iii) carry out activities that are 
                        appropriate for the operation of the Center, 
                        including charging fees, conducting events, and 
                        selling and marketing merchandise, tickets for 
                        activities of the Center, and food to visitors 
                        to the Center; and
                            ``(iv) negotiate and enter into any 
                        agreements, leases, contracts, or other 
                        arrangements with any person, firm, 
                        association, organization, corporation, or 
                        governmental entity (including the Federal 
                        Government and any State and local governments) 
                        appropriate for carrying out activities at the 
                        Center (including an agreement, contract, or 
                        other arrangement for janitorial service, 
                        building maintenance, food service, information 
                        technology maintenance, or the operation of a 
                        museum store);
                    ``(B) provide that any revenues from facilities and 
                services of the Center shall be made available to the 
                Center, without further appropriation, to offset the 
                expenses of operating the Center;
                    ``(C) authorize the Center to occupy the site and 
                any structures provided under subsection (a)--
                            ``(i) for a term specified in the 
                        cooperative agreement not to exceed 30 years; 
                        and
                            ``(ii) in accordance with any terms and 
                        conditions of the cooperative agreement;
                    ``(D)(i) provide that the Center shall maintain, 
                during the term of the cooperative agreement and at the 
                expense of the Center, insurance on the Center covering 
                such risks, in such amounts, and including such terms 
                and conditions as the Secretary determines to be 
                appropriate; and
                    ``(ii) provide that any repairs or reconstruction 
                carried out using payments made to the Center under an 
                insurance policy maintained under clause (i) shall be 
                subject to the approval of the Secretary;
                    ``(E) provide that the Center shall maintain the 
                status as an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 that is 
                exempt from taxation under section 501(a) of the Code;
                    ``(F) provide that the Center shall make available 
                to the Secretary and the Comptroller General of the 
                United States all books, documents, papers, and records 
                of the Center that are necessary for an audit;
                    ``(G) provide that, on request of the Secretary or 
                Congress, the Center shall submit to the Secretary or 
                Congress an annual report that--
                            ``(i) describes the activities of the 
                        Center during the preceding fiscal year;
                            ``(ii) compares the goals and objectives of 
                        the Center to the actual accomplishments of the 
                        Center during the preceding fiscal year; and
                            ``(iii) includes a plan for the Center for 
                        the subsequent fiscal year; and
                    ``(H) include any other terms and conditions that 
                the Secretary determines to be appropriate.
            ``(2) Termination of agreement.--The Secretary may 
        terminate the cooperative agreement entered into under 
        paragraph (1) if the Secretary determines that termination is 
        in the best interest of the public.
            ``(3) Effect on existing agreement.--The agreement between 
        the National Park Service and the National Constitution Center 
        numbered CA-4450-99-9018 shall remain in effect until the date 
        on which--
                    ``(A) the agreement is terminated in accordance 
                with the terms of the agreement; or
                    ``(B) a cooperative agreement is entered into under 
                paragraph (1).
            ``(4) Administration of independence national historical 
        park.--Nothing in this subsection affects the authority of the 
        Secretary to enter into a contract or other agreement with any 
        organization or entity that provides for the administration of 
        Independence National Historical Park so long as the agreement 
        does not conflict with the cooperative agreement entered into 
        under paragraph (1).
            ``(5) Exemption from applicable law.--An agreement, lease, 
        contract, or other arrangement entered into under paragraph (1) 
        shall not be subject to section 3(k) of Public Law 91-383 (16 
        U.S.C. 1a-2(k)), section 321 of the Act of June 30, 1939 (40 
        U.S.C. 303(b)), or section 403 of the National Parks Omnibus 
        Management Act of 1998 (16 U.S.C. 5952).''.
                                 <all>