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                                                       Calendar No. 516

106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-273

=======================================================================



 
              DISABLED VETERANS' LIFE MEMORIAL FOUNDATION

                                _______
                                

                 April 13, 2000.--Ordered to be printed

                                _______
                                

  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 311]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 311) to authorize the Disabled Veterans' 
LIFE Memorial Foundation to establish a memorial in the 
District of Columbia or its environs, and for other purposes, 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 1, after the enacting clause insert the 
following: ``TITLE I--THE DISABLED AMERICAN VETERANS 
MEMORIAL''.
    2. On page 1, line 3 strike ``SECTION 1.'' and insert in 
lieu thereof the following: ``SECTION 101'', and renumber the 
following sections accordingly.
    3. On page 1, line 4, strike ``The Disabled'' and insert in 
lieu thereof the following: ``Notwithstanding Section 3(c) of 
Public Law 99-652, as amended, (40 U.S.C. 1003(c)) the 
Disabled''.
    4. At the end of the bill add the following new title:

              TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS

SECTION 201. REFERENCE TO COMMEMORATIVE WORKS ACT.

    (a) In this title the term ``Act'' means the Commemorative Works 
Act of 1986, as amended (Public Law 99-652; 40 U.S.C. 1001 et seq.).

SEC. 202. CLARIFICATION AND REVISIONS TO THE ACT.

    (a) Section 1(b) of the Act (40 U.S.C. 1001(b)) is amended by 
striking the semicolon and inserting ``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 Act (40 U.S.C. 1002) is amended as follows:
          (1) In subsection (c) by striking ``or a structure which is 
        primarily used for other purposes'' and inserting ``that is not 
        a commemorative work as defined by this Act'';
          (2) In subsection (d) by striking ``person'' and inserting 
        ``sponsor'';
          (3) In subsection (e) by striking ``Areas I and II as 
        depicted on the map numbered 869/86501, and dated May 1, 1986'' 
        and insert ``the Reserve, Area I, and Area II as depicted on 
        the map numbered 869/86501A, and dated March 23, 2000'';
          (4) By redesignating subsection (e) as subsection (f); and
          (5) By adding a new subsection (e) as follows:
    ``(e) the term ``Reserve'' means the great cross-axis of the Mall, 
which is a substantially completed work of civic art and which 
generally extends from the U.S. Capitol to the Lincoln Memorial, and 
from the White House to the Jefferson Memorial, as depicted on the map 
described in subsection (f);''.
    (c) Section 3 of the 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 
                limited military engagement'';
                  (B) by striking ``10'' and inserting ``25''; and
                  (C) by striking ``the event.'' and inserting ``such 
                war or conflict.''.
          (2) In subsection (c) by striking ``other than a military 
        commemorative work as described in subsection (b) of this 
        section''; and
          (3) In subsection (d) by striking ``House Oversight'' and 
        inserting ``Resources''.
    (d) Section 4 of the Act (40 U.S.C. 1004) is amended as follows:
          (1) By amending subsection (a) to read as follows:
    ``(a) The National Capital Memorial Commission is hereby 
established and shall include the following members or their designees:
          ``(1) Director, National Park Service (who shall serve as 
        Chairman);
          ``(2) Architect of the Capitol;
          ``(3) Chairman, American Battle Monuments Commission;
          ``(4) Chairman, Commission of Fine Arts;
          ``(5) Chairman, National Capital Planning Commission;
          ``(6) Mayor, District of Columbia;
          ``(7) Commissioner, Public Buildings Service, General 
        Services Administration; and
          ``(8) Secretary, Department of Defense.''; and
          (2) In subsection (b) by striking ``Administrator'' and 
        inserting ``Administrator (as appropriate)''.
    (e) Section 5 of the Act (40 U.S.C. 1005) is amended--
          (1) By striking ``Administrator'' and inserting 
        ``Administrator (as appropriate)''; and
          (2) By striking ``869/8501, and dated May 1, 1986.'' and 
        inserting ``869/8501A, and dated March 23, 2000.''.
    (f) Section 6 of the Act (40 U.S.C. 1006) is amended as follows:
          (1) In subsection (a) by striking ``3(b)'' and inserting 
        ``3(d)'';
          (2) By redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively; and
          (3) By adding a new subsection (a) as follows:
    ``(a) Sites for commemorative works shall not be authorized within 
the Reserve after January 1, 2000.''.
    (g) Section 7 of the Act (40 U.S.C. 1007) is amended as follows:
          (1) By striking ``person'' and inserting ``sponsor'' each 
        place it appears;
          (2) In subsection (a) by striking ``designs'' and inserting 
        ``design concepts'';
          (3) In subsection (b) by striking ``and Administrator'' and 
        inserting `` it or Administrator (as appropriate)'';
          (4) In subsection (b)(2) by striking ``open space and 
        existing public use; and'' and inserting ``open space, existing 
        public use, and cultural and natural resources;'';
          (5) In subsection (b)(3) by striking the period at the end 
        and inserting a semicolon; and
      (6) 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 
        referenced in subsection 2(f);
          ``(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.''
    (h) Section 8 of the Act (40 U.S.C. 1008) is amended as follows:
          (1) In subsection (a)(3) and (a)(4) and in subsection (b) by 
        striking ``person'' each place it appears and inserting 
        ``sponsor'';
          (2) In subsection (b)(1) and (b)(2) by striking ``persons'' 
        each place it appears and inserting ``a sponsor'';
          (3) By adding at the end of subsection (b)(1), ``All such 
        proceeds shall be available, without further appropriation, for 
        the non-recurring repair of the sponsor's commemorative 
        work.'';
          (4) In subsection (b)(2), by striking ``Congress authorizes 
        and directs that,'' and inserting ``Congress authorizes and 
        directs that, upon request,'';
          (5) In subsection (b)(2) in the first sentence 
        ``Administrator'', and insert ``Administrator (as 
        appropriate)''; and
          (6) By amending subsection (c) to read as follows:
    ``(c) The sponsor shall be required to submit to the Secretary or 
the Administrator (as appropriate) an annual report of operations, 
including financial statements audited by an independent certified 
public accountant, paid for by the sponsor authorized to construct the 
commemorative work.''.
    (i) Section 9 of the Act (40 U.S.C. 1009) is hereby repealed.
    (j) Section 10 of the Act (40 U.S.C. 1010) is amended as follows:
          (1) by amending subsection (b) 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 where 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, in consultation 
        with the National Capital Memorial Commission, has made a 
        determination that final design approvals have been obtained 
        from the National Planning Commission and the Commission of 
        Fine Arts and that 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 
        may extend the 7-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 will also expire.''; and
          (2) By adding a new subsection (f) as follows:
    ``(f) The National Capital Planning Commission, in coordination 
with the Commission of Fine Arts and the National Capital Memorial 
Commission, shall complete its master plan to guide the location and 
development of future memorials outside the Reserve for the next 50 
years, including evaluation of and guidelines for potential sites.''.

                         Purpose of the Measure

    The purposes of S. 311, as ordered reported, are to 
authorize the Disabled Veterans' LIFE Memorial Foundation to 
establish a memorial in the District of Columbia or its 
environs to honor veterans who become disabled while serving in 
the Armed Forces of the United States, and to amend the 
Commemorative Works Act to clarify and revise the standards for 
authorizing memorials and other commemorative works under the 
Act.

                      Summary of Major Provisions

    Title I of the measure authorizes the Disabled Veterans 
LIFE Memorial Foundation to establish a memorial on Federal 
land in the District of Columbia or its environs, 
notwithstanding provisions of the Commemorative Works Act as 
amended (Public Law 99-652; 40 U.S.C. 1001 et seq.) that would 
otherwise preclude the memorial from being established.
    Title II amends the Commemorative Works Act to clarify and 
revise the standards for placement of commemorative works on 
Federal lands in the District of Columbia and its environs 
covered by the Act. The major change made by title II is to 
designate an area known as the Reserve, encompassing the great 
cross-axis of the Mall in the District of Columbia, which 
generally extends from the U.S. Capitol to the Lincoln 
Memorial, and from the White House to the Jefferson Memorial. 
Within the Reserve, no new memorials would be authorized after 
January 1, 2000. In addition, the measure expands the Area 1 
designation to include certain lands on the west side of the 
Potomac River.

                          Background and Need

    The Commemorative Works Act of 1986 provides standards for 
the placement of memorials on lands administered by the 
National Park Service and the General Services Administration 
in the District of Columbia and its environs. The Act provides 
that specific congressional authorization is required for any 
new memorials that are to be located on the Federal lands 
covered by the Act, and makes a distinction between the 
monumental core area, where works of ``preeminent historical 
and lasting significance'' to the Nation may be located (Area 
I), and areas outside this zone where works of ``lasting 
historical significance'' can be placed.
    The Act also established the National Capital Memorial 
Commission to advise the Secretary of the Interior and the 
Administrator of the General Services Administration on matters 
concerning commemorative works in the District of Columbia and 
its environs, and requires the organizations sponsoring 
commemorative works to consult with the Commission regarding 
the selection of alternative sites and designs for the work. 
Furthermore, the Act requires that prior to requesting a 
construction permit for a commemorative work, the sponsors must 
obtain the approval for the site and design proposals from the 
Secretary of the Interior, the National Capital Planning 
Commission, and the Commission of Fine Arts. The Act requires 
that for works proposed to be located in Area I, a separate Act 
of Congress approving the location is required.
    The Disabled Veterans' LIFE Memorial Foundation, a non-
profit organization, is seeking authorization, under the 
Commemorative Works Act, to construct a memorial on Federal 
land in the Washington, DC area to honor disabled veterans who 
have served in the Armed Forces of the United States. S. 311, 
as reported, authorizes the establishment of such a memorial in 
the District of Columbia or its environs. As reported, the 
measure provides that the establishment of such a memorial 
shall be in compliance with the Commemorative Works Act, 
notwithstanding the 25-year waiting period required under 
section 3(c) of the Act.
    Since the early part of the past century, on average, one 
new memorial has been constructed in the Nation's Capital each 
year. In the last 20 years, 21 new memorials have been 
authorized, 7 of which have been built on or near the National 
Mall. 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, the Commission of Fine Arts, and the National 
Capital Planning Commission have 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. In September 1999 the task force released for 
public comment a Commemorative Zone policy statement and map 
that helps preserve the open space and urban design integrity 
of the monumental core, while ensuring the distribution of 
cultural resources throughout the city. In January 2000, all 
three commissions adopted the new policy. Under this new 
policy, an area known as the Reserve would be established, 
generally encompassing the central cross axis of the Mall 
between the U.S. Capitol and the Lincoln Memorial, and between 
the Jefferson Memorial and the White House. Within the Reserve, 
the commissions will not approve new museum or memorial sites. 
The policy would also adjust the boundaries of Area I to 
include certain Federal lands on the west side of the Potomac 
River, in addition to those that are immediately adjacent to 
the Reserve. Area II encompasses the rest of the city with 
emphasis on the important North, South, and East Capitol Street 
axes, as well as circles and squares on major avenues, 
waterfront sites, gateways, and scenic overlooks. It is in this 
area where the task force will encourage development of new 
commemorative works.
    S. 311, as reported, provides clarifications and revisions 
to the Commemorative Works Act, and codifies the new policies 
adopted by the commissions.

                          Legislative History

    S. 311 was introduced by Senators McCain, Coverdell, 
Cleland and Kerrey on January 26, 1999. The Subcommittee on 
National Parks, Historic Preservation and Recreation held a 
hearing on S. 311 on October 13, 1999.
    On March 23, 2000 the Subcommittee on National Parks, 
Historic Preservation and Recreation held an oversight hearing 
to receive testimony on the status of monuments and memorials, 
and the new policies that have been adopted for locating new 
commemorative works in and around Washington, D.C.
    At its business meeting on April 5, 2000, the Committee on 
Energy and Natural Resources ordered S. 311 favorably reported, 
with amendments.

            Committee Recommendation and Tabulation of Votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on April 5, 2000, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
311, if amended as described herein.

                          Committee Amendments

    During its consideration of S. 311, the Committee adopted 
an amendment designating the original measure as title I. The 
amendment authorizes the establishment of the memorial, 
notwithstanding section 3 of the Commemorative Works Act (40 
U.S.C. 1003) which establishes the criteria for qualifying 
commemorative works.
    The amendment also adds a new title II, which amends the 
Commemorative Works Act to clarify and revise the standards for 
placement of commemorative works on federal lands in the 
District of Columbia and its environs. The amendment 
incorporates recommendations of the National Capital Planning 
Commission with respect to future management of the Mall and 
surrounding areas.
    The amendment establishes an area known as the Reserve, 
which encompasses the great cross-axis of the Mall, generally 
extending from the U.S. Capitol to the Lincoln Memorial and 
from the White House to the Jefferson Memorial. Within this 
area, no new memorials would be authorized after January 1, 
2000. The amendment also expands the area known as ``Area I'' 
to include certain lands west of the Potomac River.
    In addition, other substantive changes made to the Act by 
the amendment include a clarification of what military 
commemorative works qualify for authorization under the 
Commemorative Works Act, and extending from 10 to 25 years the 
period that must elapse between the end of a war or military 
conflict and the establishment of a memorial.
    The amendment provides that commemorative works designed 
primarily as museums may not be located within the area known 
as Area I, or in East Potomac Park, and provides that donor 
contributions to commemorative works may not be acknowledged in 
any manner as part of the work or its site.
    The amendment also addresses the use of the monies 
deposited by a memorial's sponsor into a separate account in 
the U.S. Treasury. Pursuant to the Commemorative Works Act, 
these funds are to be used for non-recurring maintenance of the 
commemorative work, and the amendment clarifies that the funds 
are available for such use without further appropriation.
    The amendment provides authority for the Secretary of the 
Interior or the Administrator of the General Services 
Administration (as appropriate) to administratively permit 
extensions to the seven-year period after enactment of 
legislative authority during which construction of a 
commemorative work must be started. The amendment provides for 
administrative extensions of up to three years in circumstances 
where final design approvals have been obtained and 75 percent 
of the amount estimated to be required to complete the memorial 
has been raised. The Committee has repeatedly considered 
legislation in recent years to extend the authorization period 
for specific memorials. This amendment should eliminate the 
need for future legislative extensions.
    The amendment also directs the National Capital Planning 
Commission, in coordination with the Commission of Fine Arts 
and the National Capital Memorial Commission, to complete its 
master plan to guide the location and development of future 
memorials outside the Reserve for the next 50 years. The 
amendment is explained in detail in the section-by-section 
analysis, below.

                      Section-by-Section Analysis


            title i--the disabled american veterans memorial

    Section 101(a) authorizes the Disabled Veterans' LIFE 
Memorial Foundation to establish a memorial under the 
provisions of the Commemorative Works Act (40 U.S.C. 1001 et 
seq.) to honor disabled veterans who have served in the Armed 
Forces of the United States, notwithstanding the requirements 
of sections 3 (b) and (c) of such Act.
    Section 101(b) requires the memorial to be established in 
accordance with the Commemorative Works Act.
    Section 102 states that the Disabled Veterans' LIFE 
Memorial Foundation be solely responsible for accepting 
contributions and paying expenses for the establishment of the 
memorial. No federal funds may be used to pay any expenses for 
the establishment of the memorial.
    Section 103 provides that if excess funds remain after 
payment of all expenses (including maintenance and preservation 
funds), the excess funds are to be deposited in a special 
account in the U.S. Treasury, to be used without further 
appropriation, for the maintenance of commemorative works in 
accordance with section 8(b)(1) of the Commemorative Works Act.

              title ii--commemorative works act amendments

    Section 201 defines the term ``Act'' to mean the 
Commemorative Works Act of 1986, as amended (Public Law 99-652; 
40 U.S.C. 1001 et seq.).
    Section 202 provides for several clarifications and 
revisions to the Act, including designation of an area known as 
the Reserve, in which no new memorials will be authorized.
    Subsection (a) amends section 1(b) of the Act (40 U.S.C. 
1001(b)) to clarify that its purpose of ensuring continued 
public use and enjoyment of open space pertains to the environs 
of the District of Columbia, as well as to the District itself. 
In addition, it enlarges this particular purpose by encouraging 
locations outside of the Mall for new commemorative works.
    Subsection (b) amends section 2 of the Act (40 U.S.C. 1002) 
to clarify the definitions of certain terms used in the Act. 
The amendment clarifies the definition of ``commemorative 
work''; substitutes the term ``sponsor'' in lieu of ``person'' 
with respect to an entity that is authorized by Congress to 
establish a commemorative work; and updates the map referenced 
in the Act. This subsection also adds a new definition: the 
term ``Reserve'' is defined to mean ``the great cross-axis of 
the Mall which is a substantially completed work of civic art 
and which generally extends from the U.S. Capitol to the 
Lincoln Memorial, and from the White House to the Jefferson 
Memorial''.
    Subsection (c) amends section 3 of the Act (40 U.S.C. 1003) 
to clarify the types of military memorials or commemorative 
works that are not authorized under the Commemorative Works 
Act. The amendment also extends from 10 to 25 years the period 
of time that must elapse between the end of a war or military 
conflict and the establishment of a memorial. This subsection 
also replaces the reference to the Committee on House 
Administration with the Committee on Resources in the House of 
Representatives.
    Subsection (d) amends section 4 of the Act (40 U.S.C. 1004) 
to update the reference to the National Capital Memorial 
Commission, to clarify that its members may appoint designees 
to serve in their place, and to clarify that the commission 
normally advises either the Secretary of the Interior or the 
Administrator of the General Services Administration, as 
appropriate.
    Subsection (e) amends section 5 of the Act (40 U.S.C. 1005) 
to update the reference for the map depicting lands covered 
under the Act.
    Subsection (f) amends section 6 of the Act (40 U.S.C. 1006) 
to direct that sites for commemorative works shall not be 
authorized within the Reserve after January 1, 2000.
    Subsection (g) amends section 7 of the Act (40 U.S.C. 1007) 
to clarify the stage in the design process during which 
memorial sponsors should consult with the National Capital 
Memorial Commission, and to clarify that cultural and natural 
resources are to be protected to the maximum extent practicable 
in locating and designing commemorative works.
    Subsection (g) also amends section 7 to direct that 
commemorative works primarily designed as museums may not be 
located on lands under the jurisdiction of the Secretary of the 
Interior in Area I or in East Potomac Park. In addition it 
clarifies that the National Capital Planning Commission and the 
Commission of Fine Arts may develop criteria to guide the 
design of commemorative works at specific sites. The amendment 
also directs that donor contributions may not be recognized in 
any manner as part of a commemorative work or its site.
    Subsection (h) amends section 8 of the Act (40 U.S.C. 1008) 
to address expenditures of the monies deposited by a memorial's 
sponsor into a separate account in the U.S. Treasury. Pursuant 
to the Commemorative Works Act, these funds are to be used for 
non-recurring maintenance of the commemorative work, and the 
amendment clarifies that the funds are available for such use 
without further appropriation.
    Subsection (h) also amends section 8 by deleting the 
reference to the authority of the Secretary or the 
Administrator to suspend a sponsor's activities if it is 
determined that fund raising efforts have misrepresented an 
affiliation with a commemorative work or the United States.
    Subsection (i) repeals section 9 of the Act (40 U.S.C. 
1009), which provided for the establishment of sites where 
commemorative works could be displayed on a temporary basis.
    Subsection (j) amends section 10 of the Act (40 U.S.C. 
1010) to provide authority for the Secretary of the Interior or 
the Administrator of the General Services Administration (as 
appropriate) to administratively permit extensions to the 
seven-year period after enactment of legislative authority 
during which construction of a commemorative work must be 
started. The amendment provides for an administrative extension 
of up to three years in circumstances where final design 
approvals have been obtained, and at least 75 percent of the 
funds estimated to be required to complete the memorial have 
been raised.
    Subsection (j) also amends section 10 to direct the 
National Capital Planning Commission, in coordination with the 
Commission of Fine Arts and the National Capital Memorial 
Commission to complete its master plan to guide the location 
and development of future monuments and memorials outside the 
Reserve over the next 50 years.

                   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, April 11, 2000.
Hon. Frank H. Murkowski,
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. 311, a bill to 
authorize the Disabled Veterans' LIFE Memorial Foundation to 
establish a memorial in the District of Columbia or its 
environs, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 311--A bill to authorize the Disabled Veterans' LIFE Memorial 
        Foundation to establish a memorial in the District of Columbia 
        or its environs, and for other purposes

    CBO estimates that enacting S. 311 would have no 
significant impact on the federal budget. Because the bill 
could affect direct spending, pay-as-you-go procedures would 
apply. CBO estimates, however, that any such effects would be 
less than $500,000 annually. The bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would not affect the budgets 
of state, local, or tribal governments.
    S. 311 would authorize the Disabled Veterans' LIFE Memorial 
Foundation to establish a memorial in accordance with the 
Commemorative Works Act, and without the use of federal funds. 
Under that act, any association that receives a permit to 
construct a memorial in the District of Columbia or its 
environs must deposit an amount equal to 10 percent of the 
memorial's estimated construction cost in the U.S. Treasury. 
The funds deposited are then available without further 
appropriation for maintenance and preservation of the memorial.
    Based on information provided by the National Park Service 
(NPS), CBO estimates that the federal government would receive 
a deposit of less than $500,000. The NPS would spend a portion 
of this amount each year to maintain the memorial. Based on the 
experience with similar commemorative projects, CBO expects 
that no amounts would be received or spent by the federal 
government for several years after the bill is enacted. In any 
case, the collections and spending would offset each other over 
time.
    Other provisions of S. 311, which would make technical and 
other amendments to the Commemorative Works Act, would also 
have no significant impact on the federal budget.
    On April 11, 2000, CBO prepared a cost estimate for H.R. 
1509, a similar bill, as ordered reported by the House 
Committee on Resources on April 5, 2000. The estimated costs of 
the two bills are the same.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                      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. 311. 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. 311.

                        Executive Communications

    The legislative report received by the Committee from the 
Department of the Interior setting forth the Executive agency 
recommendation relating to S. 311, is set forth below. The 
testimony provided by the Department of the Interior at the 
Subcommittee oversight hearing on March 23, 2000, is also set 
forth below:

 Statement of John G. Parsons, Associate Regional Director for Lands, 
Resources and Planning, National Park Service, National Capital Region, 
           and Chairman, National Capital Memorial Commission

    Mr. Chairman, thank you for the opportunity to present the 
Department's view on the process of erecting commemorative 
works in the Nation's Capital.
    On May 21, 1997, the National Park Service testified before 
this committee on bills proposed to extend legislative 
authority for previously authorized memorials. As a result of 
that hearing the committee expressed an interest in an 
evaluation of how the Commemorative Works Act of 1986 (the Act) 
is functioning. Pursuant to your request, the three approval 
bodies established a joint task force to consider the Act. The 
joint task force concluded that there are some provisions that 
could be perfected to better meet the needs of memorial sponsor 
groups and the Federal agencies that manage the lands on which 
the memorials are to be built. The joint task force will soon 
submit its legislative proposal for interagency review; once 
the proposal has been cleared, we will submit draft legislation 
for the Committee's consideration.
    A major tenet of both Pierre L'Enfant's 1791 plan and the 
1901 McMillan plan for the Nation's Capital was to provide 
suitable public spaces for the erection of memorials and 
monuments that commemorate the significant people and events in 
our nation's history. Although these plans provided hundreds of 
locations for national monuments and memorials, in the long 
term the number of sites are, quite simply, dwindling.
    Since 1852, over 150 memorials have been erected in the 
Nation's Capital, which amounts to approximately one dedication 
per year. Just since the dedication of the Vietnam Veterans 
Memorial in 1982, we have dedicated 13 memorials and are 
working on 16 active memorial projects. Two of these are under 
construction, 10 are authorized and in various stages of 
approval, and 4 are seeking congressional authorization.
    Since the hearing in 1997, the National Capital Planning 
Commission (NCPC) produced a plan for the next 100 years 
entitled ``Extending the Legacy, Planning America's Capital for 
the 21st Century,'' which builds on the L'Enfant and McMillan 
Plans. This plan, which we support, proposes to extend the 
boundaries of the existing Monumental Core, using the Capitol 
as the center point and extending in both directions on North 
and South Capitol Streets. It is designed to protect the open 
space of the monumental core while expanding opportunities for 
memorials as well as public and private development as new 
sections of the city are revitalized. In furtherance of the 
Legacy Plan, the NCPC, in conjunction with the joint task 
force, is producing a master plan for memorials and museums.
    The most significant outcome of the master plan and task 
force effort is the delineation of the cross axis of the 
monumental core as a completed work of civic art upon which no 
more memorials should be authorized to be placed, with the 
exception of the World War II Memorial at the Rainbow Pool 
site.
    The Act contains specific criteria for guiding approval of 
sites and designs of memorials. New memorials must avoid 
encroachment with existing memorials and must preserve open 
space and existing public use to the maximum extent 
practicable.
    The Act also created the National Capital Memorial 
Commission, chaired by the Director of the National Park 
Service. This 8-member commission has proven to be a valuable 
asset to assist proponents, the Congress and others concerned 
with commemorative works early in the process. The NCMC 
provides a forum for deliberation on subject matter of proposed 
memorials and has advised the Congress and the Secretary of the 
Interior as to its conformance with the provisions of the Act. 
Furthermore, it is the first forum for public discussion of 
site and design concepts of authorized memorials prior to 
submission to the three approval bodies. The NCMC is 
functioning well.
    The Act delegated decision-making on the siting and design 
of memorials to those agencies already legislatively charged 
with planning and urban design review authority--the Secretary 
of the Interior, the National Capital Planning Commission and 
the Commission of Fine Arts. By necessity, the selection of the 
site for a memorial must precede the design in a two-step 
process. That is, one cannot design a memorial until the site 
and its context are known. Experience has shown that each site 
has limitations on the appropriate size of a memorial.
    The site selection and design process is rigorous and, at 
times, trying for the sponsors undertaking the erection of 
these memorials. We lend much assistance to the sponsors 
guiding them through the approval process. All have felt the 
ultimate product was better for the effort.
    One issue of particular concern is the practice of 
providing extensions of authorizations to memorial sponsors who 
do not meet the 7-year time period provided for in the Act. As 
you will recall, some sponsors have had difficulty meeting this 
deadline and have appealed to Congress for extensions. We would 
point out that of the 19 memorials authorized since 1986, eight 
began construction within 7 years and six have required 
extensions. These six have received extensions of up to 15 
years. The intent of the 7-year authorization is to ensure that 
a sponsor does not hold on to a valuable site for an extended 
period with no prospect of completing a memorial. If adequate 
public support for a memorial cannot be found, its 
authorization should lapse. In all of the extensions given to 
date, no threshold criteria were required. In one case we had 
not heard from the sponsor of a memorial for the entire 7-year 
period since its authorization prior to recent reauthorization. 
Another has encumbered a special site that has been desired by 
many others over the past 12 years. Others have conscientiously 
proceeded through the entire design process and obtained 
necessary approvals but are simply having difficulty raising 
the funds needed to construct the memorial. We intend to 
address this matter in our legislative proposal.
    Mr. Chairman, this concludes my prepared remarks. I would 
be happy to answer any questions you may have.

                        Committee Correspondence

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                  Washington, DC, October 18, 1999.
Hon. Frank Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter responds to your request for 
views on S. 311, a bill authorizing the Disabled Veterans' LIFE 
Memorial Foundation to establish a memorial in the District of 
Columbia or its environs to honor veterans who became disabled 
while serving in the Armed Forces of the United States.
    The Administration supports the establishment of a memorial 
to honor disabled veterans on federal lands in the District of 
Columbia or its environs. Unfortunately, the requirements of 
the Commemorative Works Act effectively preclude consideration 
of such a memorial. The Administration therefore stands ready 
to work with the Committee to amend S. 311 so that 
consideration of the memorial may proceed unimpeded, yet comply 
with the spirit of the Commemorative Works Act. We believe the 
amendments noted below will do just that.
    S. 311 specifies that the Disabled Veterans LIFE Memorial 
shall conform to the provisions of the Commemorative Works Act 
of 1986. The Commemorative Works Act governs placement of 
memorials on property administered by the National Park Service 
and the General Services Administration. Section 3 of the 
Commemorative Works Act provides guidance on the types of 
memorials that may be established and placed on parkland. In 
this section, Congress specifically precluded memorials to 
groups of individuals until after the 25th anniversary of the 
death of the last surviving member of the group. Further, 
Congress restricted military memorials to wars and branches of 
the Armed Forces.
    The Disabled Veterans LIFE Memorial would honor disabled 
veterans from all branches of the United States Armed Forces 
and would be a memorial to both those disabled veterans still 
living and to those that have died. We believe that a 
commemorative work honoring the sacrifices of military men and 
women still living, however meritorious such recognition may 
be, on land in the nation's capital governed by the 
Commemorative Works Act, is contrary to both the specific 
provisions of that act and its legislative history.
    The National Capital Memorial Commission considered S. 311 
at its meeting on April 13. The Memorial Commission deferred a 
decision on this sensitive issue and requested the opinion of 
the Department of the Interior's Office of the Solicitor on the 
applicability of the Commemorative Works Act to S. 311. The 
Department of the Interior Office of the Solicitor's opinion 
was the Disabled Veterans LIFE Memorial as proposed in S. 311 
would not conform to the Commemorative Works Act. At its 
meeting on September 23, the National Capital Memorial 
Commission reconsidered S. 311. In light of the opinions of the 
Office of the Solicitor, the Memorial Commission voted 
unanimously to advise the Secretary and the Congress that the 
Disabled Veterans LIFE Memorial would not comply with Section 3 
of the Commemorative Works Act.
    On the basis of the advice of the National Capital Memorial 
Commission as well as our experience and understanding of the 
legislative history of the Commemorative Works Act, we believe 
Congress intended that future military memorials, other than 
those explicitly allowed by the act, be placed on military 
land. The Congressionally-mandated standards for the placement 
of commemorative works in the nation's capital are strict. 
Thus, we recommend that S. 311 be amended by deleting any 
reference to the Commemorative Works Act and by authorizing the 
placement of the memorial on other land in Washington, D.C., or 
its environs instead of on lands governed by the Commemorative 
Works Act. This placement would be similar to recent 
authorizations for memorials on the Pan Am 103 crash and the 
Army 3rd Division. Finally, we recommended that such a memorial 
be submitted to the National Capital Planning Commission and 
Commission on Fine Arts for site and design approval.
    The Department does not wish to diminish the important 
contributions of our nation's disabled veterans; however, we 
feel that the Commemorative Works Act is not the proper vehicle 
for establishing such a memorial.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                   Donald J. Barry,
                               Assistant Secretary for Fish
                                            and Wildlife and Parks.

                        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. 311, 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 proposed is shown in roman):

               PUBLIC LAW 99-652, COMMEMORATIVE WORKS ACT


  AN ACT To provide standards for placement of commemorative works on 
certain Federal lands in the District of Columbia and its environs, and 
                          for other purposes.

                                Purposes

    Section 1. The purposes of this Act are as follows:
          (a) to preserve the integrity of the comprehensive 
        design of the L'Enfant and McMillan plans for the 
        Nation's Capital;
          (b) to ensure the continued public use and enjoyment 
        of open space in the District of Columbia[;] and its 
        environs, and to encourage the location of 
        commemorative works within the urban fabric of the 
        District of Columbia;
          (c) to preserve, protect and maintain the limited 
        amount of open space available to residents of, and 
        visitors to, the Nation's Capital; and
          (d) to ensure that future commemorative works in 
        areas administered by the National Park Service and the 
        General Services Administration in the District of 
        Columbia and its environs (1) are appropriately 
        designed, constructed, and located and (2) reflect a 
        consensus of the lasting national significance of the 
        subjects involved.

                              Definitions

    Sec. 2. As used in this Act--
          (a) the term ``Secretary'' means the Secretary of the 
        Interior;
          (b) the term ``Administrator'' means the 
        Administrator of the General Services Administration;
          (c) 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. 
        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] 
        that is not a commemorative work as defined by this 
        Act;
          (d) the term [``person''] ``sponsor'' means a public 
        agency, and an individual, group or organization that 
        is described in section 501(c)(3) of title 26 and 
        exempt from tax under section 501(a) of title 26, and 
        which is authorized by Congress to establish a 
        commemorative work in the District of Columbia and its 
        environs;
          (e) the term ``Reserve'' means the great cross-axis 
        of the Mall, which is a substantially completed work of 
        civic art and which generally extends from the U.S. 
        Capitol to the Lincoln Memorial, and from the White 
        House to the Jefferson Memorial as depicted on the map 
        described in subsection (f);
          [(e)] (f) notwithstanding any other provisions of 
        law, 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 [Areas I and 
        II as depicted on the map numbered 869/86501, and dated 
        May 1, 1996] the Reserve, Area I, and Area II as 
        depicted on the map numbered 869/86501A, and dated 
        March 23, 2000.

 Congressional Authorization of Commemorative Works in the District of 
                       Columbia and Its Environs

    Sec. 3. (a) No commemorative work may be established on 
Federal lands referred to in section 1(d) in the District of 
Columbia and its environs unless specifically authorized by Act 
of Congress. All such authorized commemorative works shall be 
subject to applicable provisions of this Act.
    (b) A military commemorative work may be authorized only to 
commemorate a war or similar major military conflict or to 
commemorate any branch of the Armed Forces. No commemorative 
[work commemorating a lesser conflict] work solely 
commemorating a limited military engagement or a unit of an 
Armed Force shall be authorized. Commemorative works to a war 
or similar major military conflict shall not be authorized 
until at least [10] 25 years after the officially designated 
end of [the event] such engagement.
    (c) A commemorative work commemorating an event, 
individual, or group of individuals, [other than a military 
commemorative work as described in subsection (b) of this 
section,] shall not be authorized until after the 25th 
anniversary of the event, death of the individual, or death of 
the last surviving member of the group.
    (d) In considering legislation authorizing commemorative 
works within the District of Columbia and its environs, the 
Committee on [House Oversight] Resources of the House of 
Representatives and the Energy and Natural Resources Committee 
of the Senate shall solicit the views of the National Capital 
Memorial Commission.

                  National Capital Memorial Commission

    Sec. 4 (a) [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:] The National Capital 
Memorial Commission is hereby established and shall include the 
following members or their designees:
          (1) Director, National Park Service (who shall serve 
        as Chairman);
          (2) Architect of the Capitol;
          (3) Chairman, American Battle Monuments Commission;
          (4) Chairman, Commission of Fine Arts;
          (5) Chairman, National Capital Planning Commission;
          (6) Mayor, District of Columbia;
          (7) Commissioner, Public Buildings Service, General 
        Services Administration;
          (8) Secretary, Department of Defense;
    (b) The National Capital Memorial Commission shall advise 
the Secretary and the [Administrator] Administrator (as 
appropriate) on policy and procedures for establishment of (and 
proposals to establish) commemorative works in the District of 
Columbia and its environs, as well as such other matters 
concerning commemorative works in the Nation's Capital as it 
may deem appropriate. The Commission shall meet at least twice 
annually.

            Availability of Map Depicting Area I and Area II

    Sec. 5. The Secretary and the [Administrator] Administrator 
(as appropriate) shall make available, for public inspection 
and appropriate offices of the National Park Service and the 
General Services Administration, the map numbered [869/86501, 
and dated May 1, 1986] 869/8501A, and dated March 23, 2000.

          Specific Conditions Applicable to Area I and Area II

    Sec. 6. (a) Sites for commemorative works shall not be 
authorized within the Reserve after January 1, 2000.
    [(a)] (b) Area I.--The Secretary or Administrator (as 
appropriate) may, after seeking the advice of the National 
Capital Memorial Commission, recommend the location of a 
commemorative work in Area I only if the Secretary or 
Administrator (as appropriate) determines that the subject of 
the commemorative work is of preeminent historical and lasting 
significance to the Nation. The Secretary or Administrator (as 
appropriate) shall notify the National Capital Memorial 
Commission and the committees of Congress specified in section 
[3(b)] 3(d) of the recommendation by the Secretary or 
Administrator (as appropriate) that a commemorative work should 
be located in Area I. The location of a commemorative work in 
Area I shall be deemed not authorized, unless, not later than 
150 calendar days after such notification, the recommendation 
is approved by law.
    [(b)] (c) Area II.--Commemorative works of subjects of 
lasting historical significance to the American people may be 
located in Area II.

                        Site and Design Approval

    Sec. 7. (a) Any [person] sponsor authorized by law to 
establish a commemorative work in the District of Columbia and 
its environs shall comply with each of the following 
requirements before requesting the permit for the construction 
of the commemorative work:
          (1) Such [person] sponsor shall consult with the 
        National Capital Memorial Commission regarding the 
        selection of alternative sites and [designs] design 
        concepts for the commemorative work.
          (2) Following consultation in accordance with 
        paragraph (1), the Secretary or Administrator (as 
        appropriate) shall submit, on behalf of such [person] 
        sponsor, site and design proposals to the Commission of 
        Fine Arts and the National Capital Planning Commission 
        for their approval.
    (b) In considering site and design proposals, the 
Commission of Fine Arts, the National Capital Planning 
Commission and the Secretary [and Administrator] or 
Administrator (as appropriate) shall be guided by (but not 
limited by) the following criteria:
          (1) to the maximum extent possible, a commemorative 
        work shall be located in surroundings that are relevant 
        to the subject of the commemorative work;
          (2) a commemorative work shall be so located as to 
        prevent interference with, or encroachment upon, any 
        existing commemorative work and to protect, to the 
        maximum extent practicable, [open space and existing 
        public use; and] open space, existing public use, and 
        cultural and natural resources;
          (3) a commemorative work shall be constructed of 
        durable material suitable to the outdoor environment. 
        Landscape features of commemorative works shall be 
        compatible with the climate[.];
          (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 referenced in subsection 2(f);
          (5) the National Capital Planning Commission and the 
        Commission of Fine Arts may develop such criteria or 
        guidelines specified 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.

             Criteria for Issuance of a Construction Permit

    Sec. 8 (a) Prior to issuing a permit for the construction 
of a commemorative work in the District of Columbia and its 
environs, the Secretary or Administrator (as appropriate) shall 
determine that:
          (1) the site and design have been approved by the 
        Secretary or Administrator (as appropriate), the 
        National Capital Planning Commission and the Commission 
        of Fine Arts;
          (2) knowledgeable persons qualified in the field of 
        preservation and maintenance have been consulted to 
        determine structural soundness and durability of the 
        commemorative work, and to assure that the 
        commemorative work meets high professional standards;
          (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 (as appropriate); and
          (4) the [person] sponsor authorized to construct the 
        commemorative work has available sufficient funds to 
        complete construction of the project.
    (b) In addition to the foregoing criteria, no construction 
permit shall be issued unless the [person] sponsor authorized 
to construct the commemorative work has donated an amount equal 
to 10 per centum of the total estimated cost of construction to 
offset the costs of perpetual maintenance and preservation 
ofthe commemorative work: Provided, That 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 per centum of the funding for such work is provided by 
private sources.
          (1) Notwithstanding any other provision of law, all 
        moneys provided by [persons] a sponsor for maintenance 
        pursuant to this subsection shall be credited to a 
        separate account in the Treasury. All such proceeds 
        shall be available, without further appropriation, for 
        the non-recurring repair of the sponsor's commemorative 
        work.
          (2) [Congress authorizes and directs that] Congress 
        authorizes and directs that, upon request, the 
        Secretary of the Treasury shall make all or a portion 
        of such moneys available to the Secretary or the 
        [Administrator] Administrator (as appropriate) at his 
        request for maintenance of commemorative works. Under 
        no circumstances may the Secretary or Administrator 
        request funds from the separate account exceeding the 
        total moneys deposited by [persons] a sponsor 
        establishing commemorative works in areas he 
        administers. The Secretary and the Administrator shall 
        maintain an inventory of funds available for such 
        purposes: Provided, That such moneys shall not be 
        subject to annual appropriations.
    (c)[(1) The Secretary or the Administrator (as appropriate) 
may suspend any activity under the authority of this chapter 
with respect to the establishment of a commemorative work if 
the Secretary or Administrator determines the fundraising 
efforts with respect to the commemorative work have 
misrepresented an affiliation with the commemorative work or 
the United States.]
    [(2)] The [person] sponsor shall be required to submit to 
the Secretary or Administrator an annual report of operations, 
including financial statements audited by an independent 
certified public accountant, paid for by the [person] sponsor 
authorized to construct the commemorative work.

                      [Temporary Site Designation

    Sec. 9. (a) If the Secretary, in consultation with the 
National Capital Memorial Commission, determines that a site 
where commemorative works may be displayed on a temporary basis 
is necessary in order to aid in the preservation of the limited 
amount of open space available to residents of, and visitors 
to, the Nation's Capital, a site may be designed on lands 
administered by the Secretary in the District of Columbia. A 
designation may not be made under the preceding sentence 
unless, at least one hundred and twenty days before the 
designation, the Secretary, in consultation with the National 
Capital Memorial Commission, prepares and submits to the 
Congress a plan for the site. The plan shall include 
specifications for the location, construction, and 
administration of the site, and criteria for displaying 
commemorative works at the site.
    (b) Any commemorative work displayed at the site shall be 
installed, maintained, and removed at the sole expense and risk 
of the person authorized to display the commemorative works. 
Such person shall agree to indemnify the United States for any 
liability arising from the display of the commemorative work 
under this section.]

                        Miscellaneous Provisions

    Sec. 10. (a) Complete documentation of design and 
construction of each commemorative work located in the District 
of Columbia and its environs shall be provided in the Secretary 
or the Administrator (as appropriate) and shall be permanently 
maintained in the manner provided by law.
    (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 where such additional authority has been granted, unless
          (1) the Secretary or Administrator (as appropriate) 
        has issued a construction permit for the commemorative 
        work during that period[.]; or
          (2) the Secretary or the Administrator, in 
        consultation with the National Capital Memorial 
        Commission, has made a determination that final design 
        approvals have been obtained from the National Capital 
        Planning Commission and the Commission of Fine Arts and 
        that 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 may extend the 7-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 will also expire.
    (c) Upon completion of any commemorative work within the 
District of Columbia and its environs, the Secretary or 
Administrator (as appropriate) shall assume responsibility for 
the maintenance of such work.
    (d) The Secretary and the Administrator shall develop 
appropriate regulations or standards to carry out this chapter.
    (e) This chapter shall not apply to commemorative works 
authorized by a law enacted before the commencement of the 
Ninety-ninth Congress.
    (f) The National Capital Planning Commission, in 
coordination with the Commission of Fine Arts and the National 
Capital Memorial Commission, shall complete its master plan to 
guide the location and development of future memorials outside 
the Reserve for the next 50 years, including evaluation of and 
guidelines for potential sites.

                              Short Title

    Sec. 11. This Act may be cited as the ``Commemorative Works 
Act''.