[Congressional Record Volume 149, Number 160 (Thursday, November 6, 2003)]
[House]
[Pages H10512-H10514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        AUTHORIZING VISITOR CENTER FOR VIETNAM VETERANS MEMORIAL

  Mr. POMBO. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 1442) to authorize the design and 
construction of a visitor center for the Vietnam Veterans Memorial, 
with a Senate amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate 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

[[Page H10513]]

     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

[[Page H10514]]

     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.

  Mr. POMBO (during the reading). Mr. Speaker, I ask unanimous consent 
that the Senate amendment be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the initial request of 
the gentleman from California?
  There was no objection.
  A motion to reconsider was laid on the table.

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