[House Report 108-295]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-295
======================================================================
TO AUTHORIZE THE DESIGN AND CONSTRUCTION OF A VISITOR CENTER FOR THE
VIETNAM VETERANS MEMORIAL
_______
October 2, 2003.--Committed to the Committee of the Whole House on the
State of the Union and order to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 1442]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1442) to authorize the design and construction of a
visitor center for the Vietnam Veterans Memorial, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. 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.
``(b) Application of Commemorative Works Act.--Chapter 89 of title
40, United States Code (commonly referred to as the Commemorative Works
Act) shall apply 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; and
``(2) the provisions of section 8908(b) of title 40, United
States Code requiring further approval by law for the location
of a commemorative work within Area I shall not apply.
``(c) Operation and Maintenance.--The Secretary of the Interior
shall--
``(1) operate the visitor center;
``(2) enter into a cooperative agreement with the Vietnam
Veterans Memorial Fund, Inc. for the routine maintenance of the
visitor center;
``(3) not later than 120 days after the date of the enactment
of this section, in consultation with educators and veterans
groups, provide to the Vietnam Veterans Memorial Fund, Inc. a
preliminary plan to guide the design phase of the visitor
center exhibits; and
``(4) 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.
``(d) Funding.--The Vietnam Veterns 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 or its maintenance.''.
Purpose of the Bill
The purpose of H.R. 1442 is to authorize the design and
construction of a visitor center for the Vietnam Veterans
Memorial.
Background and Need for Legislation
Since its dedication in 1982, the Vietnam Veterans
Memorial, known to many as simply ``The Wall,'' has done much
to heal the nation's wounds after the bitterly divisive
experience of the Vietnam War. For those who served, that year
marked a sea change in the country's view of the Vietnam
veteran. Americans began to understand and respect the Vietnam
veterans' service and sacrifice. Today, over 4.4 million people
visit The Wall every year--making it the most visited Memorial
in the Nation's Capital. Today, most visitors to The Wall were
not alive during the ``Vietnam Era.'' Many veterans'
organizations and many others believe today's visitor is
shortchanged in his/her experience. Many leave The Wall not
fully understanding its message. To that end, a visitor center
would provide an educational experience for visitors by
facilitating self-guided tours, collecting and displaying
remembrances of those whose names are inscribed on the
Memorial, and displaying exhibits discussing the history of the
Memorial and the Vietnam War. The visitor's center would
eventually replace a 168-foot National Park Service kiosk
currently at the site.
H.R. 1442 would authorize the Vietnam Veterans Memorial
Fund, Inc. (VVMF) to design and construct a visitor center for
the Vietnam Veterans Memorial to provide information to the
public on the Memorial and the Vietnam War. VVMF is a 501
(c)(3) nonprofit organization authorized by Congress in 1979 to
fund and build the Vietnam Veterans Memorial in Washington,
D.C. The Committee expects the visitor center, which shall be
located underground, to be the minimum size necessary to carry
out educational and interpretive activities while protecting
open space and visual sightlines on the National Mall and the
core monument area. Finally, no federal funds would be used for
the planning, design, construction, or maintenance of the
Center.
Committee Action
H.R. 1442 was introduced on March 26, 2003, by Congressman
Richard Pombo (R-CA). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands. On May 21, 2003,
the Subcommittee held a hearing on the bill. On September 24,
2003, the Full Resources Committee met to consider the bill.
The Subcommittee on National Parks, Recreation and Public Lands
was discharged from further consideration of the bill by
unanimous consent. Congressman Richard Pombo offered an
amendment in the nature of a substitute that would make the
following changes to the bill: (1) Require that the visitor
center be located underground; (2) clarify the application of
the Commemorative Works Act; (3) direct the Secretary to enter
into a cooperative agreement with the Vietnam Veterans Memorial
Fund for maintaining the visitor center; and (4) direct the
Secretary of the Interior to consult with educators and veteran
organizations to develop a preliminary plan to guide the design
phase of visitor center exhibits as well as an interpretive
plan for the visitors center. The amendment was adopted by
unanimous consent. The bill as amended was then ordered
favorably reported to the House of Representatives by unanimous
consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grants Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, enactment of this
bill will result in revenues to the federal government of
between $500,000 and $1 million associated with a deposit for
catastrophic maintenance; these funds would then be largely
offset by new direct spending over many years.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 26, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1442, a bill to
authorize the design and construction of a visitor center for
the Vietnam Veterans Memorial.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 1442--A bill to authorize the design and construction of a visitor
center for the Vietnam Veterans Memorial
H.R. 1442 would authorize the Vietnam Veterans Memorial
Fund, Inc. (VVMF) to construct a visitor center near the
Vietnam Veterans Memorial in the District of Columbia. The
center would be established on federal land in accordance with
the Commemorative Works Act (CWA). While no federal funds would
be used to build the new facility, the National Park Service
(NPS) would operate it at federal expense.
Based on the costs of managing similar interpretive
facilities in the National Park System (and assuming
appropriation of the necessary amounts), CBO estimates that the
NPS would spend about $1 million annually to operate the new
visitor center once it has been constructed. This amount
excludes routine maintenance, which would be carried out by the
VVMF.
Section 8 of the CWA would require the VVMF to also deposit
an amount equal to 10 percent of the center's construction cost
into the U.S. Treasury. The NPS could use the deposited funds
without further appropriation for catastrophic maintenance.
Thus, CBO estimates that enacting H.R. 1442 would increase
federal revenues by between $0.5 million and $1 million once
the center has been completed--probably several years after the
legislation's enactment. Revenues would be largely offset (over
many years) by new direct spending.
H.R. 1442 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On June 30, 2003, CBO transmitted a cost estimate for S.
1076, a bill to authorize construction of an education center
at or near the Vietnam Veterans Memorial, as ordered reported
by the Senate Committee on Energy and Natural Resources on June
25, 2003. H.R. 1442 is similar to title I of S. 1076, and the
CBO cost estimate of the two versions of the proposal would
have the same discretionary costs. However, we estimated that
S. 1076 would not have any effect on federal revenues or direct
spending because that version of the legislation would require
that the 10 percent maintenance deposit be made to (and spent
by) the National Park Foundation (a nonfederal entity).
The CBO staff contact for this estimate is Deborah Reis.
The estimate was reviewed by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman);
ACT OF JULY 1, 1980
(Public Law 96-297)
Joint Resolution To Authorize the Vietnam Memorial Fund, Inc., to
Establish a Memorial.
* * * * * * *
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.
(b) Application of Commemorative Works Act.--Chapter 89 of
title, 40 United States Code (commonly referred to as the
Commemorative Works Act) shall apply to the sitting, 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; and
(2) the provisions of section 8908(b) of title 40,
United States Code requiring further approval by law
for the location of a commemorative work within Area I
shall not apply.
(c) Operation and Maintenance.--The Secretary of the
Interior shall--
(1) operate the visitor center;
(2) enter into a cooperative agreement with the
Vietnam Veterans Memorial Fund, Inc. for the routine
maintenance of the visitor center;
(3) not later than 120 days after the date of the
enactment of this section, in consultation with
educators and veterans groups, provide to the Vietnam
Veterans Memorial Fund, Inc. a preliminary plan to
guide the design phase of the visitor center exhibits;
and
(4) 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.
(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 sued to pay an
expense of the establishment of the visitor center or its
maintenance.