[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Reported in Senate (RS)]
Calendar No. 444
107th CONGRESS
2d Session
S. 281
[Report No. 107-177]
To authorize the design and construction of a temporary education
center at the Vietnam Veterans Memorial.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 7, 2001
Mr. Hagel (for himself, Mr. McCain, Mr. Cleland, Mr. Kerry, Mr. Warner,
Ms. Snowe, Mr. DeWine, Mr. Hutchinson, Mr. Miller, Mr. Levin, Mr.
Brownback, Mr. Conrad, Mr. Daschle, Mr. Lott, Mr. Feingold, Mr.
Stevens, Mr. Voinovich, Mr. Smith of Oregon, Mr. Bingaman, Mr.
Rockefeller, Mr. Dodd, Mr. Breaux, Mr. Fitzgerald, Mr. Durbin, Mr.
Inouye, Mrs. Hutchison, Mr. Kennedy, Mr. Sarbanes, Ms. Stabenow, Mr.
Domenici, Mrs. Feinstein, Mr. Edwards, Mr. Lieberman, Mr. Bond, Mr.
McConnell, Ms. Landrieu, Mr. Torricelli, Mr. Burns, Mr. Murkowski, Mr.
Allen, Mr. Akaka, Mr. Ensign, Mr. Craig, Mr. Thomas, Mr. Corzine, Mr.
Biden, Mrs. Boxer, Mr. Sessions, Mr. Chafee, Mr. Bayh, Mr. Carper, Mrs.
Clinton, Mr. Nelson of Florida, Mr. Dayton, Mrs. Lincoln, Mr. Kohl, Mr.
Helms, Mr. Lugar, Mr. Bunning, Mr. Specter, Mr. Crapo, Mrs. Carnahan,
and Mr. Johnson) introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
June 25, 2002
Reported by Mr. Bingaman, with an amendment and an amendment to the
title
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize the design and construction of a temporary education
center at the Vietnam Veterans Memorial.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Vietnam Veterans Memorial
Education Act''.</DELETED>
<DELETED>SEC. 2. TEMPORARY EDUCATION CENTER.</DELETED>
<DELETED> Public Law 96-297 (16 U.S.C. 431 note; 94 Stat. 827) is
amended by adding at the end the following:</DELETED>
<DELETED>``SEC. 6. TEMPORARY EDUCATION CENTER.</DELETED>
<DELETED> ``(a) In General.--The Vietnam Veterans Memorial Fund,
Inc., may, in accordance with this section, construct a temporary
education center (referred to in this section as the `Center') for the
purpose of educating people about the memorial authorized by this
Act.</DELETED>
<DELETED> ``(b) Elements.--The Center shall--</DELETED>
<DELETED> ``(1) be placed on the memorial described in
section 5(f);</DELETED>
<DELETED> ``(2) replace the National Park Service visitor
center located on the site as of the date of enactment of this
section; and</DELETED>
<DELETED> ``(3) have an area of not to exceed 1,200 square
feet.</DELETED>
<DELETED> ``(c) Duration.--</DELETED>
<DELETED> ``(1) In general.--The Center shall be a temporary
structure to be erected for a period of 10 years beginning on
the date of completion of construction of the Center, subject
to paragraph (2).</DELETED>
<DELETED> ``(2) Reevaluation.--On expiration of the period
referred to in paragraph (1), Congress may reevaluate the
continuing need for the Center.</DELETED>
<DELETED> ``(d) Funding.--All funds required for the design and
construction of the Center shall be provided by the Vietnam Veterans
Memorial Fund, Inc.</DELETED>
<DELETED> ``(e) Relation to Commemorative Works Act.--The
Commemorative Works Act (40 U.S.C. 1001 et seq.) shall apply to the
design and placement of the Center.</DELETED>
<DELETED> ``(f) Limited Availability of Excess Coin Funds.--
</DELETED>
<DELETED> ``(1) In general.--Except as provided in paragraph
(2), none of the funds made available under section 208(b) of
the United States Veterans Commemorative Coin Act of 1993 (31
U.S.C. 5112 note; 107 Stat. 2249) may be used to carry out this
section.</DELETED>
<DELETED> ``(2) Use of excess coin funds.--Funds described
in paragraph (1) may be used to carry out this section only
if--</DELETED>
<DELETED> ``(A) excess funds are available after the
purposes of section 208(b) of the United States
Veterans Commemorative Coin Act of 1993 (31 U.S.C. 5112
note; 107 Stat. 2249) have been met; and</DELETED>
<DELETED> ``(B) the Vietnam Veterans Memorial Fund,
Inc.--</DELETED>
<DELETED> ``(i) prepares a detailed written
explanation of its compliance with section
208(b) of the United States Veterans
Commemorative Coin Act of 1993 (31 U.S.C. 5112
note; 107 Stat. 2249) (including an accounting
of any excess funds);</DELETED>
<DELETED> ``(ii) prepares a detailed written
explanation of the actual purposes for which
the excess funds, or any portion of the funds,
would be used (including documentation, in
sufficient detail, of the actual uses of those
funds);</DELETED>
<DELETED> ``(iii) has the explanations and
documentation under clauses (i) and (ii)
certified by each member of its board of
directors and by its chief executive
officer;</DELETED>
<DELETED> ``(iv) provides for an appropriate
contingency reserve; and</DELETED>
<DELETED> ``(v) makes available, on request
by any Member of Congress or authorized
representative of a Federal department or
agency, any explanation or certified document
(including supporting documents) described in
any of clauses (i) through (iii).''.</DELETED>
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 the Commemorative Works Act (40 U.S.C. 1001 et seq.) and this
section.
``(b) Commemorative Works Act Applies.--(1) The Commemorative Works
Act (40 U.S.C. 1001 et seq.) 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 6(a) of that Act (40 U.S.C.
1006(a)) requiring approval by law for the location of a
commemorative work within Area I, shall not apply.
``(2) Notwithstanding section 6(c) of the Commemorative Works Act
(as added by the Commemorative Works Clarification and Revision Act of
2002), the designation of the Reserve shall not preclude the approval
of a site for the education center within such area.
``(3) Section 7(b)(4) of the Commemorative Works Act (as added by
the Commemorative Works Clarification and Revision Act of 2002),
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 8(b) of the
Commemorative Works Act (as amended by the Commemorative Works
Clarification and Revision Act of 2002) (40 U.S.C. 1008(b)) (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.
``(e) Limited Availability of Excess Coin Funds.--(1) Except as
provided in paragraph (2), none of the funds made available under
section 208(b) of the United States Veterans Commemorative Coin Act of
1993 (31 U.S.C. 5112 note) shall be used to carry out this section.
``(2) Funds described in paragraph (1) may be used to carry out
this section only if--
``(A) excess funds are available after the purposes of
section 208(b) of the United States Veterans Commemorative Coin
Act of 1993 (31 U.S.C. 5112 note) have been met; and
``(B) the Vietnam Veterans Memorial Fund, Inc.--
``(i) prepares a detailed written explanation of
its compliance with the requirements of section 208(b)
of that Act, including an accounting of any excess
funds;
``(ii) prepares a detailed written explanation of
the purposes for which the excess funds (or any portion
thereof) would be used;
``(iii) prepares a detailed documentation of the
actual uses for which the excess funds (or any portion
thereof) was spent;
``(iv) has the explanations and documentation under
clauses (I) through (iii) certified by each member of
its Board of Directors and by its Chief Executive
Officer; and
``(v) makes available, upon request of the
Secretary of the Interior, the Comptroller General of
the United States, or any other authorized
representative of a Federal department or agency, any
explanation or certified document (including supporting
documents) described in this subparagraph.''.
TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Commemorative Works Clarification
and Revision Act of 2002''.
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;
(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 6 of the Commemorative Works Act (40 U.S.C.
1006) is amended by adding at the end the following:
``(c) After the date of enactment of the Commemorative Works
Clarification and Revision Act of 2002, no commemorative work shall be
located within the Reserve.''.
SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.
(a) Section 1(b) of the Commemorative Works Act (40 U.S.C. 1001(b))
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) Section 2 of the Commemorative Works Act (40 U.S.C. 1002) is
amended to read as follows;
``As used in this Act--
``(1) the term `Secretary' means the Secretary of the
Interior;
``(2) the term `Administrator' means the Administrator of
the General Services Administration;
``(3) 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;
``(4) 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;
``(5) 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 (6);
``(6) 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 869/86501A, and dated May 1, 2002.''.
(c) Section 3 of the Commemorative Works Act (40 U.S.C. 1003) is
amended as follows:
(1) In subsection (b)--
(A) by striking ``work commemorating a lesser
conflict'' and inserting ``work solely commemorating a
limted military engagment'';
(B) by striking ``the event.'' and inserting ``such
war or conflict''.
(2) In subsection (d)--
(A) by striking ``House Administration'' and
inserting ``Resources''; and
(B) by inserting ``Advisory'' before
``Commission''.
(d) Section 4 of the Commemorative Works Act (40 U.S.C. 1004) is
amended as follows:
(1) In subsection (a) by striking ``The National Capital
Memorial Advisory Committee as established by the Secretary is
redesignated as the National Capital Memorial Commission. The
membership of the Commission shall be expanded to include:'' and
inserting ``The National Capital Memorial Advisory Commission is hereby
established and shall include the following members (or their
designees):''.
(2) In subsection (b)--
(A) in the first sentence, by inserting
``Advisory'' before ``Commission''; and
(B) by striking ``Administrator'' and inserting
``Administrator (as appropriate)''.
(e) Section 5 of the Commemorative Works Act (40 U.S.C. 1005) is
amended--
(1) by striking ``Secretary and the Administrator'' and
inserting ``Secretary or the Administrator (as appropriate)'';
and
(2) by striking ``numbered 869/8501, and dated May 1,
1986.'' and inserting ``entitled `Commemorative Areas
Washington, DC and Environs', numbered 869/8501A, and dated May
1, 2002.''.
(f) Section 7 of the Commemorative Works Act (40 U.S.C. 1007) is
amended as follows:
(1) In subsection (a)--
(A) by striking ``person'' and inserting
``sponsor'' each place it appears; and
(B) 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), by striking ``open space and
existing public use; and'' and inserting ``open space,
existing public use, and cultural and natural
resources;''.
(g) Section 8 of the Commemorative Works Act (40 U.S.C. 1008) 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)(1) In addition to the foregoing criteria, no construction
permit shall be issued unless the sponsor authorized to construct the
commemorative work has donated an amount equal to 10 percent of the
total estimated cost of construction to offset the costs of perpetual
maintenance and preservation of the commemorative work. All such
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 2002 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.''.
(h) Section 10(b) of the Commemorative Works Act (40 U.S.C. 1010)
is amended to read as follows:
``(b) Any legislative authority for a commemorative work shall
expire at the end of the seven-year period beginning on the date of the
enactment of such authority, or at the end of the seven-year period
beginning on the date of the enactment of legislative authority to
locate the commemorative work within Area I, if such additional
authority has been granted, unless:
``(1) the Secretary or the Administrator (as appropriate)
has issued a construction permit for the commemorative work
during that period; or
``(2) the Secretary or the Administrator (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. 204. SITE AND DESIGN CRITERIA.
Section 7 of the Commemorative Works Act (40 U.S.C. 1007) is
further amended as follows:
(1) in subsection (b)(3), by striking the period at the end
and inserting a semicolon; and
(2) by adding the following new paragraphs:
``(4) No commemorative work primarily designed as a museum
may be located on lands under the jurisdiction of the Secretary
in Area I or in East Potomac Park as depicted on the map
reference in section 2(5);
``(5) 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
``(6) 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 OR 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; and
(4) To make other appropriate changes, if any, to protect
the character of the Reserve.
Amend the title so as to read: ``A bill to authorize
construction of an education center at or near the Vietnam
Veterans Memorial, and for other purposes.''.
<all>
Calendar No. 444
107th CONGRESS
2d Session
S. 281
[Report No. 107-177]
_______________________________________________________________________
A BILL
To authorize the design and construction of a temporary education
center at the Vietnam Veterans Memorial.
_______________________________________________________________________
June 25, 2002
Reported with an amendment and an amendment to the title