[Congressional Record Volume 149, Number 106 (Thursday, July 17, 2003)]
[Senate]
[Pages S9616-S9617]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VIETNAM VETERANS MEMORIAL EDUCATION CENTER

  The Senate proceeded to consider the bill (S. 1076) to authorize 
construction of an education center at or near the Vietnam Veterans 
Memorial, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to strike all after the enacting 
clause and inserting in lieu thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                S. 1076

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

     [SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Vietnam Veterans Memorial 
     Education Center Act''.

     [SEC. 2. VIETNAM VETERANS MEMORIAL EDUCATION CENTER.

       [Public Law 96-297 (16 U.S.C. 431 note) is amended by 
     adding at the end 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 chapter 89 of title 40, United States Code, and 
     this section.
       [``(3) As used in this section, the term `education center' 
     or `center' means a building or other structure approved in 
     accordance with chapter 89 of title 40, United States Code, 
     and this section.
       [``(b) Applicable Law.--(1) Chapter 89 of title 40, United 
     States Code, 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 8908(b)(1) of title 40, 
     United States Code, requiring approval by law for the 
     location of a commemorative work within Area I, shall not 
     apply.
       [``(2) 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.
       [``(3) 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 8906(b) of 
     title 40, United States Code (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.''.]

          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 chapter 89 of title 40, United States Code 
     (commonly referred to as the `Commemorative Works Act') and 
     this section.
       ``(b) Application of Commemorative Works Act.--
       ``(1) The Commemorative Works Act (chapter 89 of title 40, 
     United States Code) 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 8908(b) of title 40, United 
     States Code, requiring approval by law for the location of a 
     commemorative work within Area I, shall not apply.
       ``(2) Notwithstanding section 8908(c) of title 40, United 
     States Code (as added by the Commemorative Works 
     Clarification and Revision Act of 2003), the designation of 
     the Reserve shall not preclude the approval of a site for the 
     education center within such area.
       ``(3) Section 8905(b)(5) of title 40, United States Code 
     (as added by the Commemorative Works Clarification and 
     Revision Act of 2003), 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 8906(b) of 
     title 40, United States Code (as amended by the Commemorative 
     Works Clarification and Revision Act of 2003), 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.''.

              TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS

     SEC. 201. SHORT TITLE.

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

     SEC. 202. ESTABLISHMENT OF 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 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(a) of title 40, United 
     States Code, is amended to read as follows:
       ``(a) Definitions.--In this chapter, the following 
     definitions apply--
       ``(1) 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 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;
       ``(3) 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

[[Page S9617]]

     Memorial, as depicted on the map referenced in paragraph (4); 
     and
       ``(4) 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.''.
       (c) Authorization.--Section 8903 of title 40, United States 
     Code, 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 ``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) Subsection (e) is amended to read as follows:
       ``(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 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.''.
       (d) National Capital Memorial Advisory Commission.--Section 
     8904 of title 40, United States Code, is amended as follows:
       (1) By striking ``Sec. 8904. National Capital Memorial 
     Commission'' and inserting ``Sec. 8904. National Capital 
     Memorial Advisory Commission''.
       (2) In subsection (a) by striking ``There is a National 
     Capital Memorial Commission. The membership of the Commission 
     consists of--'' and inserting ``The National Capital Memorial 
     Advisory Commission is hereby established and shall include 
     the following members (or their designees):''.
       (3) In subsection (c)--
       (A) by inserting ``Advisory'' before ``Commission''; and
       (B) by striking ``Services'' and inserting ``Services (as 
     appropriate)''.
       (4) In subsection (d) by inserting ``Advisory'' before 
     ``Commission''.
       (e) Site and Design Approval.--Section 8905 of title 40, 
     United States Code, is amended as follows:
       (1) In subsection (a)--
       (A) by striking ``person'' and inserting ``sponsor'' each 
     place it appears;
       (B) by inserting ``Advisory'' before ``Commission'' in 
     paragraph (1); and
       (C) 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)(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 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) 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 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 
     2003 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.''.
       (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 of title 40, United States Code, is further 
     amended by adding the following new paragraphs to subsection 
     (b):
       ``(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(4).
       ``(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 Act.
       ``(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.

       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.
       (4) To make other appropriate changes, if any, to protect 
     the character of the Reserve.

  The committee amendment, in the nature of a substitute, was agreed 
to.
  The bill (S. 1076), as amended, was read the third time and passed.

                          ____________________