[Congressional Record Volume 146, Number 87 (Monday, July 10, 2000)]
[Senate]
[Pages S6397-S6400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DISABLED VETERANS' LIFE MEMORIAL FOUNDATION
Mr. WARNER. Mr. President, I ask unanimous consent that the Senate
now proceed to the consideration of Calendar No. 516, S. 311.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 311) to authorize the Disabled Veterans' LIFE
Memorial Foundation to establish a memorial in the District
of Columbia or its environs, and for other purposes.
The Senate proceeded to consider the bill which had been reported
from the Committee on Energy and Natural Resources, with amendments, as
follows:.
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italic.)
S. 311
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
[SECTION 1.] SECTION 101. AUTHORITY TO ESTABLISH MEMORIAL.
(a) In General.--[The Disabled] 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)
[[Page S6398]]
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. [2.] 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. [3.] 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.''.
Amendment No. 3777
(Purpose: To clarify that the sites for memorials previously approved
are not affected by the amendments to the Commemorative Works Act made
in title II of the bill, and to make clarifying changes)
Mr. WARNER. Mr. President, I send an amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Virginia [Mr. Warner], for Mr. Thomas,
proposes an amendment numbered 3777.
The amendment is as follows:
On page 2, line 1, strike ``American''.
On page 2, line 10, strike ``American''.
On page 3, after line 16, insert the following new section
and redesignate the following sections accordingly:
``SEC. 201. SHORT TITLE.
``This title may be cited as the ``Commemorative Works
Clarification and Revision Act of 2000''.
On page 8, line 6, through page 9, line 6, strike
subsection (h) in its entirety and insert the following:
``(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) by amending subsection (b) to read as follows:
``(b) 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 proceeds
[[Page S6399]]
shall be available for the nonrecurring repair of the
sponsor's commemorative work 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.
``(1) 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.
``(2) 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
2000 shall be credited to a separate account with the
National Park Foundation.
``(3) 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 (1) or (2).
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.''; and
``(3) 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.''.
On page 10, after line 17, insert the following:
``SEC. 204. PREVIOUSLY APPROVED MEMORIALS.
``Nothing in this title shall apply to a memorial whose
site was approved, in accordance with the Commemorative Works
Act of 1986 (Public Law 99-652; 40 U.S.C. 1001 et seq.),
prior to the date of enactment of this title.''.
Mr. WARNER. Mr. President, I ask unanimous consent that the amendment
be agreed to, the committee amendments be agreed to, the bill be read
the third time and passed, the motion to reconsider be laid upon the
table, and that any statements relating to the bill appear in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3777) was agreed to.
The committee amendments were agreed to.
The bill (S. 311), as amended, was read the third time and passed, as
follows:
S. 311
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I--THE DISABLED VETERANS MEMORIAL
SECTION 101. AUTHORITY TO ESTABLISH MEMORIAL.
(a) In General.--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 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. 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. 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. SHORT TITLE
This title may be cited as the ``Commemorative Works
Clarification and Revision Act of 2000''.
SEC. 202. 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. 203. 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:
[[Page S6400]]
(1) In subsections (a)(3) and (a)(4) and in subsection (b)
by striking ``person'' each place it appears and inserting
``sponsor''.
(2) By amending subsection (b) to read as follows:
``(b) 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 proceeds
shall be available for the nonrecurring repair of the
sponsor's commemorative work 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:
``(1) 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.
``(2) 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
2000 shall be credited to a separate account with the
National Park Foundation.
``(3) 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 (1) or (2).
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.''.
(3) 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.''.
SEC. 204. PREVIOUSLY APPROVED MEMORIALS.
Nothing in this title shall apply to a memorial whose site
was approved, in accordance with the Commemorative Works Act
of 1986 (Public Law 99-652; 40 U.S.C. 1001 et seq.), prior to
the date of enactment of this title.
Mr. DASCHLE. Mr. President, I am proud and pleased that today the
Senate has voted to authorize a memorial in our Nation's Capital to
honor disabled American veterans.
I must say that it is humbling for me to be a co-sponsor of this bill
alongside some of the very people we are honoring--my fellow Senators
Max Cleland, Daniel Inouye and Bob Kerrey. I know there are thousands
of others across our country--some of whom I know personally--and they
deserve much more than a monument. They all have had their lives
disrupted, sometimes painfully, as a result of their willingness to
fight for America and all that it stands for.
But we cannot undo the damage to limb and spirit that has already
been inflicted. So we now authorize a permanent monument that will call
attention to the special esteem we hold for our disabled veterans--
living and dead. It is my sincere hope that we can create a singular
commemorative site that will encourage all Americans to come, pause,
and reflect on the meaning of sacrifice, patriotism, and the place of
disabled citizens in our society.
Mr. President, wish the Disabled Veterans' LIFE Memorial Foundation
all the best in the hard work to come, and I look forward to the day
when the people of America can admire the memorial and reflect on the
significant sacrifices it represents.
____________________