[Senate Report 108-98]
[From the U.S. Government Publishing Office]
Calendar No. 206
108th Congress Report
SENATE
1st Session 108-98
======================================================================
VIETNAM VETERANS MEMORIAL EDUCATION CENTER ACT
_______
July 11, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1076]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1076) to authorize construction of an
education center at or near the Vietnam Veterans Memorial,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
TITLE I--VIETNAM VETERANS MEMORIAL EDUCATION CENTER
SECTION 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
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''; 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''.
(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 subseciton (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;'' and
(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 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 carriers out the purposes of this Act; and
``(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 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 and 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.
Purpose of the Measure
The purposes of S. 1076, as ordered reported, are to
authorize the Vietnam Veterans Memorial Fund, Inc., to
construct an education center at or near the Vietnam Veterans
Memorial, and to amend chapter 89 of title 40, United States
Code (commonly referred to as the ``Commemorative Works Act'')
to establish the Reserve on the National Mall, where the siting
of new commemorative works would be prohibited.
Background and Need
The Vietnam Veterans Memorial comprises approximately 3
acres in the northwest area of the Mall. Several new features
have been added to the memorial since its dedication in 1982.
The Three Servicemen Statue was added in 1984 and the Vietnam
Women's Memorial was added in 1993. In addition, Congress
enacted Public Law 106-214 in 2000, which authorized the
placement of a plaque on the memorial grounds to honor Vietnam
veterans who died after the war, but as direct result of it.
S. 1076 would add a new feature to the site by authorizing
the Vietnam Veterans Memorial Fund, Inc. to construct an
education center at the memorial. The education center is
intended to give visitors to the memorial an opportunity to
learn more about the memorial and the Vietnam War.
Legislative History
S. 1076 was introduced by Senators Hagel, McCain, and Kerry
on May 19, 2003. The Subcommittee on National Parks held a
hearing on S. 1076 on June 3, 2003. Companion legislation, H.R.
1442, was introduced by Representative Pombo on March 26, 2003.
In the 107th Congress, a similar bill, S. 281, was introduced
by Senator Hagel, and others on February 7, 2001. The
Subcommittee on National Parks held a hearing on the bill on
July 17, 2001. The Committee favorably reported S. 281 with an
amendment in the nature of a substitute on June 25, 2002.
At the business meeting on June 25, 2003, the Committee on
Energy and Natural Resources ordered S. 1076, as amended,
favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on June 25, 2003, by unanimous vote of a
quorum present, recommends that the Senate pass S. 1076, if
amended as described herein.
Committee Amendment
During its consideration of S. 1076, the Committee adopted
an amendment in the nature of a substitute, consisting of two
titles.
Title I, pertaining to the education center, is similar to
S. 1076 as introduced, and retains all of the language reported
by the Committee for S. 281 in the 107th Congress, with the
exception of language authorizing the use of commemorative coin
sale revenues for the education center.
As reported, S. 1076 also includes a new title II, which
amends the Commemorative Works Act in a number of respects.
Most importantly, section 202 of the substitute would establish
a reserve area along the National Mall where new commemorative
works would be prohibited, with the exception of the Vietnam
Veterans Memorial Education Center authorized by the bill.
Title II is almost identical to an amendment adopted by the
Committee during the 107th Congress to S. 281.
The substitute's designation of the Reserve responds to the
increasing congestion of the National Mall. An average of one
new memorial a year has been built within the District of
Columbia over the last century, and many of these have been
authorized for locations on the Mall--including no fewer than
seven new memorials on the Mall in the years from 1980-2000
alone. These trends foreshadow a proliferation of commemorative
works that threaten the historic open space of the Nation's
greatest symbolic landscape.
Representatives of the National Capital Memorial Commission
of Fine Arts, and the National Capital Planning Commission
organized as a Joint Task Force on Memorials in order to devise
strategies to guide new memorial development away from the Mall
and into all quadrants of the city. Following public comment,
in January 2000 all three commissions adopted a policy
establishing a Reserve to preserve the monumental core and
redirect memorials throughout the city.
The Reserve, an area where no new memorials will be
constructed other than the Vietnam Veterans Memorial Education
Center and the previously authorized World War II and Martin
Luther King Jr. Memorials, generally encompasses the central
cross axis of the Mall. One protected axis extends along the
length of the Mall between the U.S. Capitol and the Lincoln
Memorial, and the other extends across the Mall between the
Jefferson Memorial and the White House. The amendment broadens
the task force's proposed reserve to include all of the area
between Constitution and Independence Avenues from 14th Street
west to the Lincoln Memorial, and expends the boundary of the
Reserve to include lands south of Independence Avenue along
Ohio Drive to the Inlet Bridge area of the Tidal Basin.
The substitute amendment is explained in detail in the
section-by-section analysis, below.
Section-by-Section Analysis
Title I authorizes the construction of an education center
at or near the Vietnam Veterans Memorial.
Section 101 further amends Public Law 96-297, as amended,
(16 U.S.C. 431 note) by adding at the end a new section 6 as
follows:
Subsection (a) authorizes the Vietnam Veterans Memorial
Fund, Inc., to construct an education center at or near the
Vietnam Veterans Memorial site. 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.
Subsection (b)(1) provides the Commemorative Works Act (40
U.S.C. 8901 et seq.) shall apply to the education center,
except that final approval of the education center shall not be
withheld and the provisions of section 8909(b) of that Act
requiring approval by law for the location of a commemorative
work within Area I shall not apply.
Paragraph (2) states that notwithstanding section 8908(c)
of the Commemorative Works Act (as added by this Act), the
designation of the Reserve shall not preclude the approval of a
site for the education center within the Reserve.
Paragraph (3) provides that section 8905(b)(5) of the
Commemorative Works Act (as added by this Act), 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.
Paragraph (4) provides that the size of the education
center shall be limited to the minimum necessary to provide for
appropriate educational and interpretive functions, to prevent
interference or encroachment on the Vietnam Veterans Memorial,
and to protect open space and visual sightlines on the Mall.
Paragraph (5) states that 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.
Subsection (c) provides that the education center shall be
operated and maintained by the Secretary of the Interior,
consistent with section 8906(b) of the Commemorative Works Act
(as amended by this Act) (requiring the donation of funds to
offset the costs of perpetual maintenance and preservation of
the commemorative work).
Subsection (d) requires that all funds required for the
planning, design and construction of the education center shall
be provided by the Vietnam Veterans Memorial Fund, Inc., and no
Federal funds may be used for these purposes.
Title II amends the Commemorative Works Act to establish a
reserve area along the National Mall where new commemorative
works would be prohibited, and to make other amendments.
Section 201 designated title II of the bill as the
``Commemorative Works Clarification and Revision Act of 2003''.
Section 202 amends the section 8908 of title 40, United
States Code, to establish a reserve area along the National
Mall where new commemorative works would be prohibited after
the date of enactment of this title.
Section 203 includes clarifying and conforming amendments
to the Commemorative Works Act.
Subsection (a) amends section 8901(2) of title 40, United
States Code, to encourage the location of commemorative works
within the urban fabric of the District of Columbia.
Subsection (b) amends section 8902(a) of title 40, United
States Code, to revise the definition of key terms used in the
Commemorative Works Act (the Act).
Subsection (c) makes several amendments to sections 8903(b)
and (d) of title 40, United States Code. Subsection (e)
provides that, with certain exceptions, any legislative
authority for a commemorative work shall expire at the end of
the 7-year period beginning on the date of enactment of such
authority, or at the end of the 7-year period beginning on the
date of enactment of legislative authority to locate the
commemorative work within Area I. In addition to the existing
exception where the Secretary of the Interior or Administrator
of the General Services Administration (as appropriate) has
issued a construction permit for the commemorative work during
that period, the amendment would also provide an exception
where the Secretary or Administrator has made a determination
that final design approvals have been obtained from the
National Capital Planning Commission and the Commission of Fine
Arts, and 75 percent of the amount estimated to be required to
complete the memorial has been raised. If the two conditions
for the new exception are met, the Secretary or Administrator
may extend the commemorative work's 7-year legislative
authority for a period not to exceed 3 years.
Subsection (d) amends section 8904 of title 40, United
States Code, to redesignate the National Capital Memorial
Commission as the National Capital Memorial Advisory
Commission, and to make other technical and conforming changes.
Subsection (e) makes technical amendments to section 8905
of title 40, United States Code.
Subsection (f) amends section 8906 of title 40, United
States Code, to direct that money provided by a sponsor
pursuant to this subsection after the date of enactment of S.
1076 shall be credited to a separate account with the National
Park Foundation. This subsection also makes clarifying and
technical changes to other parts of section 8906 of the Act.
Subsection (g) makes technical amendments to section 8908
of title 40, United States Code. The amendment also references
a new map, depicting Area I and II, and the Reserve.
Section 204 further amends section 8905 of title 40, United
States Code, by adding paragraphs (5) through (7) in subsection
(b).
Paragraph (5) prohibits the location of any commemorative
work primarily designed as a museum on lands under the
jurisdiction of the Secretary of the Interior in Area I or in
East Potomac Park as depicted on the map referenced in section
8902(4).
Paragraph (6) provides that 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
carriers out the purposes of this Act.
Paragraph (6) provides that donor contributions to
commemorative works shall not be acknowledged in any manner as
part of the commemorative work or its site.
Section 205 provides that 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.
Section 206 provides that within 6 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 Act, shall submit to the Congressional
committees of jurisdiction 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 after 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; and
(4) To make other appropriate changes, if any, to
protect the character of the Reserve.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 30, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1076, a bill to
authorize construction of an education center at or near the
Vietnam Veterans Memorial, and for the purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBS staff contact is Deborah
Regis.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1076--A bill to authorize construction of an education center at or
near the Vietnam Veterans Memorial
Title I of S. 1076 would authorize the establishment of an
education center near the Vietnam Veterans Memorial. Title II
would amend the Commemorative Works Act, which governs the
requirements for building memorials on federal land. Assuming
appropriation of the necessary amounts, CBO estimates that
implementing title I would cost about $1 million annually. The
changes made by title II would have no significant impact on
the federal budget. Enacting S. 1076 would not affect direct
spending or revenues.
S. 1076 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.
The legislation would authorize a private sponsor, the
Vietnam Veterans Memorial Fund, Inc., to build an education
center near the Vietnam Veterans Memorial in the District of
Columbia. While no federal funds would be used to build the
center, the National Park Service would operate it at federal
expense. Under section 8 of the Commemorative Works Act (as
amended by title II of the bill), the sponsor would donate 10
percent of the center's construction costs to the National Park
Foundation (NPF), a private nonprofit organization. Such funds
would be available to the Vietnam Veterans Memorial Fund for
maintenance of the center.
Based on the costs of operating similar interpretive
facilities in the National Park System, CBO estimates that the
government would spend about $1 million annually to operate the
new education center once it has been constructed. (This amount
excludes maintenance costs, which would be covered by the NPF
maintenance account.)
The CBO staff contact for this estimate is Deborah Reis.
The estimate was reviewed by Paul R. Cullinan, Chief for Human
Resources Cost Estimates Unit of the Budget Analysis Division.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1076. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1076, as ordered reported.
Executive Communications
On June 25, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth Executive agency recommendations on S. 1076. These
reports had not been received at the time the report on S. 1076
was filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the
National Park Service at the Subcommittee hearing follows:
Statement of P. Daniel Smith, Special Assistant to the Director,
National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to present the
Department of the Interior's views on S. 1076, which would
authorize the Vietnam Veterans Memorial Fund to construct an
education center to provide information to the public on the
Vietnam Veterans Memorial.
We are deeply appreciative of the sacrifices made by the
men and women who bravely served our country in Vietnam. We
share the interest of the congressional sponsors of S. 1076 in
having the American public, particularly younger generations,
better understand and appreciate the extraordinary burden borne
by those who fought for our country during a most difficult,
divisive, and painful time in our nation's history.
The veterans who served our nation in Vietnam are honored
here in the Nation's Capital in what many view as one of the
most emotionally moving memorials ever created. We are
privileged to be the steward of this memorial. In that role, we
are well aware of the deeply emotional experience visitors have
when they see the Wall. We believe that it is vitally important
that nothing detract from the powerful emotion that the
memorial evokes, as it is that emotion that helps keep alive
the public's appreciation of those who served in Vietnam. For
this reason, as well as others, we give careful and cautious
consideration of any proposal to add a new structure to the
memorial.
The Department wants to ensure that a structure on or
adjacent to the Vietnam Veterans Memorial, as envisioned by S.
1076, will not detract from visitors' experience at the Vietnam
Veterans Memorial and the nearby Lincoln Memorial. We believe
there may be other more suitable alternatives to the proposed
visitor center that should be explored. We would like to work
with the committee to identify alternative ways of fulfilling
the goal of this legislation.
S. 1076 would authorize the Vietnam Veterans Memorial Fund
to construct an education center to provide information to the
public on the memorial. The bill would authorize the center to
be located either above ground or underground, on or adjacent
to the memorial. S. 1076 requires the visitor center to be
located in a way that prevents interference with or
encroachment on the memorial and protects open space and visual
sightliness on the National Mall, and constructed and
landscaped in a manner that is consistent with the Memorial and
the National Mall. We appreciate that S. 1076 seeks to be
sensitive to siting and design concerns that have been raised
since similar legislation was first introduced three years ago.
As you know, several elements have already been added to
the original black granite wall that were not part of the
original design. They include the flagpole and the Three
Servicemen statue, the Memorial to Women who Served in Vietnam
that was constructed in 1993, and most recently, the In Memory
Plaque, to those veterans who died after the war as a direct
result of their military service in Vietnam, which was
authorized in 2000. With each addition, the Department has been
concerned about the risk of diminishing the original work. The
proposed addition of an education center at the site poses a
significant new challenge, since it would not be just another
memorial element but, instead, a relatively large structure
adjacent to the memorial.
A similar view is shared by the two commissions that, by
law, review proposals for structures in the monumental core--
the National Capital Planning Commission and the Commission of
Fine Arts--as well as the National Capital Memorial Commission,
which advises the Secretary of the Interior and Congress on
such proposals. Since the time legislation authorizing
construction of a visitor or education center was first
introduced, three design concepts have been publicized. One was
a 1,200-square-foot above-ground facility that would be sited
where the existing 168-square-foot information kiosk currently
stands. All three commissions were opposed to that proposal,
and the Department testified in opposition to it in testimony
before the Senate Subcommittee on National Parks in July, 2001.
The second publicized design concept was an 8,000-square-
foot underground facility, which would include a substantial
above-ground entrance. In a February, 2002 letter to the
President of the Vietnam Veterans Memorial Fund, the Director
of the National Park Service indicated support for the concept
of an underground facility, so long as it was appropriately
sized and sited, acceptable visually, and had a minimum of
distracting qualities to the visitor experience. The Director
committed the National Park Service to consult with the Fund,
as well as the National Capital Memorial Commission, the
Commission of Find Arts, and the National Capital Planning
Commission on the options available to enhance the
interpretation of the memorial.
At the time that the letter was written, we believed that
it might be possible to design an underground facility for the
memorial that was, in fact, appropriately sized and sited for
the memorial. Since that time, however, the National Park
Service has consulted with representatives of the three
commissions. They have expressed serious concerns that, because
of the practical need for a large above-ground entrance, it
would be virtually impossible to design an underground facility
in close proximity to the memorial that is not intrusive on the
visitor experience. In a public meeting in September, 2002,
with the National Park Service representative abstaining, the
National Capital Memorial Commission--which includes
representation from the other two commissions--voted
unanimously to oppose construction of an underground visitor
center at the Vietnam Veterans Memorial.
The third design concept was discussed at the hearing on
H.R. 1442, similar to S. 1076, held two weeks ago by the House
Resources Subcommittee on National Parks, Recreation and Public
Lands. At that hearing, the witness for the Vietnam Veterans
Memorial Fund discussed plans for a 10,000-square-foot
underground facility, with the entrance located at the site
where the information kiosk stands.
In addition, members of the three commissions are concerned
about the precedent a facility of this type would set for other
memorials. Structures similar to that proposed by H.R. 1442
have been disapproved or precluded at the Franklin Delano
Roosevelt, World War II, and Martin Luther King, Jr. Memorials
because they would detract from the visitor experience. These
types of structures run counter to the Memorials and Museums
Master Plan, which was endorsed by all three commissions after
extensive public review. If an education center is allowed to
be constructed at the Vietnam Veterans Memorial, it will make
it much more difficult to deny proposals for such facilities at
other similar memorials, despite both previous denials of such
proposals and the guidelines opposing these structures
contained in the approved Master Plan.
The Department is fully committed to educating the public
about the Vietnam Veterans Memorial and the men and women who
served our nation in Vietnam. For more than ten years, the
Smithsonian had displayed an exhibit of the offerings left at
the Vietnam Veterans Memorial and collected by National Park
Service rangers. Other exhibits of offerings collected by the
National Park Service have traveled to schools, universities,
museums and veterans centers all over the world. In addition,
the National Park Service has published a book and CD-ROM on
the history of the memorial and runs a website designed to
educate children about museum collections, including those
associated with the Vietnam Veterans Memorial. The National
Park Service has been involved in a number of news programs and
television specials on the Vietnam Veterans Memorial and the
history of our nation's involvement in Vietnam.
In coordination with the committee, we would like to
investigate various alternatives for fulfilling the goal of
this legislation. Two ideas we would like to explore are (1)
enhancing the existing visitor kiosk and interpretation at the
memorial, and (2) studying sites near the Mall where a visitor
or education center for the Vietnam Veterans Memorial could be
located. We are open to other ideas, as well, that the
committee, or the Vietnam Veterans Memorial Fund, or others may
suggest.
On the first idea we mentioned, we think that it might be
possible to modify the information kiosk at the Vietnam
Veterans Memorial to include computerized touchscreens that
visitors could access to find information about the memorial,
and individuals who served in Vietnam. The use of computer
technology and touchscreens would enable a wide variety of
periodically revolving information to be provided to visitors.
This type of technology is already in use at the Korean War
Veterans Memorial, and is planned for the World War II
Memorial. Along with enhancing the visitor kiosk, the National
Park Service would want to work with the Vietnam Veterans
Memorial Fund to develop more extensive visitor outreach and
interpretive programs that do not necessitate a new structure.
On the other idea, we would undertake a study to identify
sites near the Mall that are feasible for a visitor or
education center specifically for the Vietnam Veterans
Memorial. We would expect to work closely with the Vietnam
Veterans Memorial Fund, as well as the committee in conducting
this study.
The goal of S. 1076 of educating the public about Vietnam
is an admirable one, and one that the Department has fully
supported and will continue to support. We believe that the two
possible courses we have suggested could lead to excellent
opportunities to educate visitors about the men and women who
served our nation in Vietnam, and would do so while preserving
the sanctity of the memorial so that it appropriately honors
them. And, as I mentioned, we are open to other ideas for
pursuing the same goal. We look forward to working closely with
the committee to fulfill the spirit of this legislation.
Mr. Chairman, that concludes my statement. I would be
pleased to answer any questions that you or other members of
the committee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1076, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is required is shown in roman):
Public Law 96-297
JOINT RESOLUTION To authorize the Vietnam Veterans Memorial Fund, Inc.,
to establish a memorial.
* * * * * * *
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 purpose of that Act,
except that--
(A) final approval of the education center shall not
be withheld;
(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 40, United States Code
CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
Sec.
8901. Purposes.
8902. Definitions and nonapplication.
8903. Congressional authorization of commemorative works.
8904. National Capital Memorial Commission.
8905. Site and design approval.
8906. Criteria for issuance of construction permit.
8907. Temporary site designation.
8908. Areas I and II.
8909. Administrative.
Sec. 8901. Purposes
The purposes of this chapter are--
(1) to preserve the integrity of the comprehensive
design of the L'Enfant and McMillan plans for the
Nation's Capital;
(2) to ensure the continued public use and enjoyment
of open space in the District of [Columbia;] Columbia
and its environs, and to encourage the location
commemorative works within the urban fabric of the
District of Columbia;
* * * * * * *
Sec. 8902. Definitions and nonapplication
[(a) Definitions.--In this chapter, the following
definitions apply:
[(1) Commemorative work.--The term ``commemorative
work''--
[(A) 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; but
[(B) does not include an item described in
subclause (A) that is located within the
interior of a structure or a structure which is
primarily used for other purposes.
[(2) Person.--The term ``person'' means--
[(A) a public agency; and
[(B) an individual, group or ogranization--
[(i) described in section 501(c)(3)
of the Internal Revenue Code of 1986
(26 U.S.C. 501(c)(3)) and exempt from
tax under section 501(a) of the Code
(26 U.S.C. 501(a)); and
[(ii) authorized by Congress to
establish a commemorative work in the
District of Columbia and its environs.
[(3) The district of columbia and its
environs.--The term ``the District of Columbia
and its environs'' means land and property
located in Areas I and II as depicted on the
map numbered 869/86581, and dated May 1, 1986,
that the National Park Service and the
Administrator of General Services administer.]
(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 Memorial, as depicted on
the map referenced in paragraph (4);
(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.
* * * * * * *
Sec. 8903. Congressional authorization of commemorative works
* * * * * * *
(b) Military Commemorative Works.--A military commemorative
work may be authorized only to commemorate a war or similar
major military conflict or a branch of the armed forces. A
commemorative [work commemorating a lesser conflict] work
solely commemorating a limited military engagement or a unit of
an armed force may not be authorized. Commemorative works to a
war or similar major military conflict may not be authorized
until at least 10 years after the officially designated end of
[the event] such war or conflict.
* * * * * * *
(d) [Consultation With National Capital Memorial
Commission.--] Consultation With National Capital Memorial
Advisory Commission.--In considering legislation authorizing
commemorative works in the District of Columbia and its
environs, the Committee on [House Administration] Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate shall solicit the views of the
National Capital Memorial Advisory Commission.
[(e) Expiration of Legislative Authority.--Legislative
authority for a commemorative work expires at the end of the
seven-year period beginning on the date the authority is
enacted unless the Secretary of the Interior or Administrator
of General Services, as appropriate, has issued a construction
permit for the commemorative work during that period.]
(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.
[Sec. 8904. National Capital Memorial Commission] Sec. 8904. National
Capital Memorial Advisory Commission
(a) Establishment and Composition.--[There is a National
Capital Memorial Commission. The membership of the Commission
consists of--] The National Capital Memorial Advisory
Commission is hereby established and shall include the
following members (or their designees):
* * * * * * *
(c) Advisory Role.--The National Capital Memorial Advisory
Commission shall advise the Secretary of the Interior and the
Administrator of General [Services] Services (as appropriate)
on policy and procedures for establishment of, and proposals to
establish, commemorative works in the District of Columbia and
its environs and on other matters concerning commemorative
works in the Nation's Capital as the Commission considers
appropriate.
(d) Meetings.--The National Capital Memorial Advisory
Commission shall meet at least twice annually.
Sec. 8905. Site and design approval
(a) Consultation on, and Submission of, Proposals.--A
[person] sponsor authorized by law to establish a commemorative
work in the District of Columbia and its environs may request a
permit for construction of the commemorative work only after
the following requirements are met:
(1) Consultation.--The person must consult with the
National Capital Memorial Advisory Commission regarding
the selection of alternative sites and [designs] design
concepts for the commemorative work.
(2) Submittal.--Following consultation in accordance
with clause (1), the Secretary of the Interior or the
Administrator of General Services, as appropriate, must
submit, on behalf of the person, site and design
proposals to the Commission of Fine Arts and the
National Capital Planning Commission for their
approval.
(b) Decision Criteria.--In considering site and design
proposals, the Commission of Fine Arts, National Capital
Planning Commission, Secretary, [and Administrator] or
Administrator (as appropriate) shall be guided by, but not
limited by, the following criteria:
(1) Surroundings.--To the maximum extent possible, a
commemorative work shall be located in surroundings
that are relevant to the subject of the work.
(2) Location.--A commemorative work shall be located
so that--
(A) it does not interfere with, or encroach
on, an existing commemorative work; and
(B) to the maximum extent practicable, it
protects [open space and existing public use.]
open space, existing public use, and cultural
and natural resources.
* * * * * * *
(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; and
(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. 8906. Criteria for issuance of construction permit
* * * * * * *
(3) the [person] sponsor authorized to construct the
commemorative work has submitted contract documents for
construction of the commemorative work to the Secretary
or Administrator; and
(4) the [person] sponsor authorized to construct the
commemorative work has available sufficient amounts to
complete construction of the project.
[(b) Donation for Perpetual Maintenance and Preservation.--
[(1) Amount.--In addition to the criteria described
in subsection (a), a construction permit may not be
issued unless the person 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. The amounts
shall be credited to a separate account in the
Treasury.
[(2) Availability.--The Secretary of the Treasury
shall make any part of the donated amount available to
the Secretary of the Interior or Administrator for
maintenance at the request of the Secretary of the
Interior or Administrator. The Secretary of the
Interior or Administrator shall not request more from
the separate account than the total amount deposited by
persons establishing commemorative works in areas the
Secretary of the Interior or Administrator administers.
[(3) Inventory of available amounts.--The Secretary
of the Interior and Administrator shall maintain an
inventory of amounts available under this subsection.
The amounts are not subject to annual appropriations.
[(4) Nonapplicability.--This subsection does not
apply when a department or agency of the Federal
Government constructs the work and less than 50 percent
of the funding for the work is provided by private
sources.]
(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.
* * * * * * *
Sec. 8908. Areas I and II
(a) Availability of Map.--The [Secretary of the Interior
and Administrator of General Services] Secretary of the
Interior and Administrator of General Services (as appropriate)
shall make available, for public inspection at appropriate
offices of the National Park Service and the General Services
Administration, the map [numbered 869/86581, and dated May 1,
1986.] numbered 869/86501B, and dated June 24, 2003.
* * * * * * *
(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.
* * * * * * *