S. Rept. 107-177 - 107th Congress (2001-2002)
June 25, 2002, As Reported by the Energy and Natural Resources Committee

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Senate Report 107-177 - VIETNAM VETERANS MEMORIAL EDUCATION ACT




[Senate Report 107-177]
[From the U.S. Government Printing Office]



                                                       Calendar No. 444
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-177

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



 
                VIETNAM VETERANS MEMORIAL EDUCATION ACT

                                _______
                                

                 June 25, 2002.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 281]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 281) to authorize the design and 
construction of a temporary education center at the Vietnam 
Veterans Memorial, having considered the same, reports 
favorably thereon with an amendment and an amendment to the 
title and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. 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 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;
          ``(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 
        sightliness 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 requirement 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 
                limited military engagement'';
                  (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 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'';
                  (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 in 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 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 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 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 
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.

    2. 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.''.

                                Purpose

    The purposes of S. 281, as ordered reported, are to 
authorize the Vietnam Veterans Memorial Fund, Inc. to construct 
an education center at the Vietnam Veterans Memorial, and to 
amend the Commemorative Works Act to establish a reserve area 
long the National Mall where 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 the dedication of the 
wall in 1982. The Three Servicemen Statute was added in 1984 
and the Vietnam Women's Memorial was added in 1993. 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. 281 would add another new feature to the site by 
authorizing the Vietnam Veterans Memorial Fund, Inc. to 
construct an above-or below-ground education center at the 
memorial. The education center is intended to give visitors to 
the memorial, and particularly young people, an opportunity to 
learn more about what they are seeing and what the memorial 
means.

                          Legislative History

    S. 281 was introduced by Senators Hagel, Carnahan, Cleland, 
Kerry and McCain on February 7, 2001. The bill is presently 
cosponsored by 62 Senators. The Subcommittee on National Parks 
held a hearing on the bill on July 17, 2001. The Committee on 
Energy and Natural Resources considered S. 281 and adopted an 
amendment in the nature of a substitute to it at its business 
meeting on May 15, 2002. The Committee ordered the bill, as 
amended, favorably reported at its business meeting on June 5, 
2002.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommended that the Senate pass S. 281, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 281, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
alters the language authorizing the education center in what is 
now designated Title I of the bill and includes a new Title II 
amending the Commemorative Works Act.
    Title I makes a few changes to the authorization of the 
education center. The substitute inserts language indicating 
that the education center may be above or below ground, and 
removes the prior description of the center as ``temporary.'' 
In place of the original bill's numerical limit on the square 
footage of the center, the substitute would limit the center's 
size to the minimum necessary to achieve specified educational, 
aesthetic, and other purposes.
    The substitute maintains the requirement that the 
Commemorative Works Act (40 U.S.C. 1001 et seq.) shall apply to 
the education center. However, the substitute adds a provision 
making clear that final approval of the center shall not be 
withheld, nor shall any additional approval be required to 
locate the education center within Area I (the monumental core 
area). In Addition, the substitute states that the Secretary of 
the Interior shall operate and maintain the center. Unlike S. 
281, as introduced, the substitute does not require the center 
to replace the existing National Park Service kiosk located on 
the memorial grounds.
    As reported, S. 281 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 106th Congress to S. 311, which authorized 
construction of a memorial honoring disabled veterans.
    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, the 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, where no new memorials will be constructed 
other than the Vietnam Veterans Memorial education center, 
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. S. 281 slightly 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.
    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.
    Subsection (b), paragraph (1) provides that the 
Commemorative Works Act (40 U.S.C. 1001 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 6(a) 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 6(c) of 
the Commemorative Works 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 7(b)(4) of the 
Commemorative Works 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 8(b) of the Commemorative Works 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.
    Subsection (e) provides that funds made available under 
section 208(b) of the United States Veterans Commemorative Coin 
Act of 1993 (31 U.S.C. 5112 note) can be used for the center 
only if excess funds are left over after the purposes of the 
Commemorative Coin Act have been achieved and other conditions 
are met.
    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 designates Title II of the bill (including 
sections 201 to 206) as the ``Commemorative Works Clarification 
and Revision Act of 2002.''
    Section 202 amends the Commemorative Works Act to establish 
a reserve area along the National Mall where new commemorative 
works would be prohibited.
    Subsection (a) contains congressional findings.
    Subsection (b) amends section 6 of the Commemorative Works 
Act (40 U.S.C. 1006) to preclude the siting of additional 
commemorative works within the Reserve after the date of 
enactment of S. 281.
    Section 203 includes clarifying and conforming amendments 
to the Commemorative Works Act.
    Subsection (a) amends section 1(b) of the Commemorative 
Works Act (``Act'') (40 U.S.C. 1001(b)) to encourage the 
location of commemorative works within the urban fabric of the 
District of Columbia.''
    Subsection (b) amends section 2 of the Act (40 U.S.C. 1002) 
to revise the definition of key terms used in the Act.
    Subsection (c) makes technical amendments to section 3 of 
the Act (40 U.S.C. 1003).
    Subsection (d) amends section 4 of the Act (40 U.S.C. 1004) 
to redesignate the National Capital Memorial Commission as the 
National Capital Memorial Advisory Commission, and to make 
other technical changes.
    Subsection (e) makes technical amendments to section 5 of 
the Act (40 U.S.C. 1005).
    Subsection (f) makes technical amendments to section 7 of 
the Act (40 U.S.C. 1007).
    Subsection (g) amends section 8(b) of the Act (40 U.S.C. 
1008), to direct that moneyprovided by a sponsor pursuant to 
this subsection after the date of enactment of S. 281 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 8 of the Act.
    Subsection (h) amends section 10(b) of the Act (40 U.S.C. 
1010(b)), to provide 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.
    Section 204 further amends section 7 of the Act (40 U.S.C. 
1007) by adding paragraphs (4) through (6) in subsection (b).
    Paragraph (4) prohibits the location of any commemorative 
work primarily designed as a museum on lands under the 
jurisdiction of the Secretary in Area I or in East Potomac Park 
as depicted on the map referenced in section 2(5).
    Paragraph (5) 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 
carries 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 (sections 
201 through 206) 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 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 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 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.

                   Cost and Budgetary Considerations

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 11, 2002.
Hon. Jeff Bingaman,
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. 281, a bill to 
authorize construction of an education center at or near the 
Vietnam Veterans Memorial, 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. 281--A bill to authorize construction of an education center at or 
        near the Vietnam Veterans Memorial, and for other purposes

    Title I of S. 281 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. CBO 
estimates that implementing title I would cost about $1 million 
annually to operate the proposed center, assuming appropriation 
of the necessary amounts. Implementing title II would have no 
significant impact on the federal budget.
    Enacting S. 281 would not affect direct spending or 
receipts; therefore, pay-as-you-go procedures would not apply. 
The bill 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.
    S. 281 would authorize a private entity, 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 (NPS) would operate it. Under section 8 
of the Commemorative Works Act (as amended by title II of the 
bill), this entity would donate 10 percent of the center's 
construction costs to the National Park Foundation, a private 
nonprofit organization. Such funds would be available to the 
Vietnam Veterans Memorial Fund for maintenance of the center.
    Based on information provided by NPS, CBO estimates that 
the government would spend about $1 million annually to operate 
the new education center once it is complete. Construction of 
the center, which would not require federal funding, would take 
several years.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was reviewed by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXXVI 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. 281. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant 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. 281.

                        Executive Communications

    On July 27, 2001, 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. 281. These reports 
had not been received at the time this report was filed. The 
testimony provided by the National Park Service at the 
Subcommittee hearing follows:

   Statement of John G. Parsons, Associate Regional Director, Lands, 
    Resources, and Planning, National Capital Region, 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. 281, which would 
authorize the Vietnam Veterans Memorial Fund to construct an 
education center at the Vietnam Veterans Memorial on the Mall.
    The Department strongly supports efforts to educate the 
public about the Vietnam War and about the men and women who 
bravely served our country in that war. However, we do have 
concerns with S. 281, as introduced. The structure that would 
be authorized by this legislation would detract from the 
visitors' experience to the Vietnam Veterans Memorial and the 
Lincoln Memorial, and would set an unwelcome precedent for 
other memorials on the National Mall. Instead, we believe that 
other more suitable alternatives to the proposed education 
center should be explored. We look forward to working with the 
Committee on fulfilling the goal of the legislation of 
providing educational information about the Vietnam War, but 
doing so in ways that would not detract from the Vietnam War, 
but doing so in ways that would not detract from the Vietnam 
Veterans Memorial or visually impact the monumental core in our 
Nation's Capital.
    S. 281 would authorize the Vietnam Veterans Memorial Fund, 
Inc. to construct an education center for the purpose of 
educating people about the Vietnam Veterans Memorial. It would 
replace the small National Park Service information kiosk (168 
square feet) currently at the site.The new structure would be a 
maximum of 1,200 square feet in size. The legislation specifies 
that the center would be erected for 10 years and reevaluated 
by Congress at the end of that period. The Vietnam Veterans 
Memorial Fund, Inc. would be responsible for paying for the 
cost of designing and constructing the center.
    The Vietnam Veterans Memorial generates a memorable 
emotional response from virtually all who visit it. Although 
not part of the original design, several elements have been 
added to the memorial, including the flagpole and the Three 
Servicemen statue. A separate Memorial to Women who Served in 
Vietnam was constructed in 1993, and the In Memory Plaque, to 
those veterans who died after the war as a direct result of 
their military service in Vietnam, was authorized last year. 
The Department believes that the Vietnam Veterans Memorial is 
complete and should not be subject to further additions. While 
we support the effort to provide the public with an opportunity 
to learn more about history of the Vietnam War, we believe that 
we risk diminishing the original work by adding adjunct 
structures to this site.
    The education center authorized by S. 281 would not simply 
be another design element added to the memorial. The proposed 
structure would be more than seven times the size of the 
existing information kiosk and would visually intrude on and 
detract from the memorial as the focal point of the visitor's 
experience. In addition, this proposal would violate concepts 
contained in the Master Plan for Memorials and Museums in the 
Nation's Capital, which is being developed by a joint task 
force of commissions, under the leadership of the National 
Capital Planning Commission. That plan precludes such 
facilities within Area I and has gone through a public review 
and comment period, where endorsement was urged. On April 26, 
2001, the National Capital Memorial Commission recommended 
opposing the bill by a unanimous vote at its public meeting.
    Similar facilities have been disapproved or precluded at 
the Franklin Delano Roosevelt, World War II, and Martin Luther 
King, Jr. Memorials by the National Park Service, the National 
Capital Planning Commission and the Commission of Fine Arts 
because they would intrude on those works of landscape 
architecture. Each of these memorials represents a historical 
figure or time period important to our Nation. However, a 
determination was made that opportunities to educate the public 
further about these historical people and events could be 
accomplished in ways that would not detract from the memorials.
    Groups who support similar facilities at these and other 
memorials may be watching our action on S. 281 with great 
interest. If an education center were to be authorized for the 
Vietnam Veterans Memorial, similar proposals for the other war 
memorials would likely follow. Proponents of the education 
center express concern about visitors' lack of fundamental 
understanding of the Vietnam War, but the same could be said to 
be true for visitors to the Nation's Capital' memorials for the 
Revolutionary War, the Civil War, the Korean War, and the 
nearby District of Columbia World War I Memorial and the soon-
to-be-constructed World War II Memorial.
    One alternative to placing facilities at these memorials is 
to provide education about all of the wars that are part of our 
Nation's history in one museum. In fact, Congress has already 
begun the process of developing the kind of facility we believe 
would be appropriate for telling the story of our Vietnam 
veterans and the Vietnam War by establishing a Commission on 
the National Military Museum as part of the Department of 
Defense Authorization for Fiscal Year 2000 (P.L. 106-65). The 
commission established by that law is charged with developing 
preliminary proposals for a national military museum in the 
National Capital Area. If the commission recommends 
establishing such a facility on Navy Annex property in 
Arlington, Virginia, the law further provides that the 
Secretary of Defense may make 10 acres of that property 
available for that purpose. Wherever the museum is located, it 
presumably would be easily accessible to those who visit the 
Vietnam Veterans Memorial as well as other war memorials on the 
Mall. Once the military museum is established, we envision 
coordinating with the Defense Department to ensure that 
visitors to the military memorials in the Nation's Capital that 
are managed by the National Park Service are encouraged to 
visit the museum to learn more about the history of the wars.
    Exploring other projects or sites also allow us to find a 
location that is large enough to tell a more complete story of 
the Vietnam War. S. 281 proposes a 1,200 square-foot structure 
which may actually be too small for the purpose it is intended 
to serve. It is questionable whether it is possible to treat 
the Vietnam War with the range and depth that could be 
considered minimally appropriate in a structure of this size. 
It would be too small for the high volume of visitation at the 
memorial, which is approximately four million annually.
    The Department is firmly committed to educating the public 
about the Vietnam War and its impact on the history of our 
Nation. We have been involved in several types of educational 
programs. For nearly ten years, the Smithsonian has 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 the Vietnam War 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 the Vietnam War.
    The goal of S. 281 of educating the public about the 
Vietnam War is an admirable one, and one which the Department 
has and will continue to fully support. We strongly believe 
that this important goal can be accomplished in a different 
manner than prescribed by this legislation. We look forward to 
working with the Committee in exploring projects or sites that 
give us the best opportunity to tell the story of the Vietnam 
War and the men and women who served our Nation.
    Mr. Chairman, that concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee 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. 281, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in brackets, 
new matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                    Public Law 96-297, 96th Congress


JOINT RESOLUTION To authorize the Vietnam Veterans Memorial Fund, Inc., 
                        to establish a memorial

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
Vietnam Veterans Memorial Fund, Inc., a nonprofit corporation 
organized and existing under the laws of the District of 
Columbia, is authorized to establish a memorial on public 
grounds in West Potomac Park in the District of Columbia, in 
honor and recognition of the men and women of the Armed Forces 
of the United States who served in the Vietnam war.
    Sec. 2. (a) * * *

           *       *       *       *       *       *       *


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 buildings 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;
          (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 202 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 to encroachment on the 
        Vietnam Veterans Memorial and to protect open space and 
        visual sightlines on the Mall.
    (5) The education center shall be construed and landscape 
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.--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 of agency, any explanation of 
                certified document (including supporting 
                documents) described in this subparagraph.

                      17. COMMEMORATIVE WORKS ACT


  (Public Law 99-652; November 14, 1986; 40 U.S.C. 1001 through 1010)


                        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.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

                                PURPOSES

    Section 1.\1\ The purposes of this Act are as follows:
---------------------------------------------------------------------------
    \1\ For a list of commemorative works authorized to be established 
since the enactment of this Act in the District of Columbia and its 
environs, see 40 U.S.C. 1003 note.
---------------------------------------------------------------------------
    (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;] Columbia and its 
environs, and to encourage the location of commemorative works 
within the urban fabric of the District of Columbia;

           *       *       *       *       *       *       *


                              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;
    [(d) the term ``person'' 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;
    [(e) notwithstanding any other provision 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, 
1986.]
    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. 
        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.

 CONGRESSIONAL AUTHORIZATION OF COMMEMORATIVE WORKS IN THE DISTRICT OF 
                       COLUMBIA AND ITS ENVIRONS

    Sec. 3. (a) No commemorative works may be established on 
Federal lands referred to in section 1(d) in the District of 
Columbia and its environs unless specifically authorized by 
law. 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 years after the officially designated end of 
[the event.] such war or conflict.
    (c) A commemorative work commemorating an event, 
individual, or a 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 Administration] 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 Advisory 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 Advisory Commission is hereby established and shall 
include the following members (or their designees):
          Director, National Park Service (Chairman)
          Architect of the Capitol
          Chairman, American Battle Monuments Commission
          Chairman, Commission of Fine Arts
          Chairman, National Capital Planning Commission
          Mayor, District of Columbia
          Commissioner, Public Building Service, General 
        Services Administration
          Secretary, Department of Defense
    (b) The National Capital Memorial Advisory Commission shall 
advise the Secretary and the [Administration] 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] Secretary or 
the Administrator (as appropriate) shall make available, for 
public inspection at appropriate offices of the National Park 
Service and the General Services Administration, the map 
[numbered 869/85601, and dated May 1, 1986.] entitled 
``Commemorative Areas Washington, DC and Environs'', numbered 
869/8501A, and dated May 1, 2002.

          SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II

    Sec. 6. (a) * * *

           *       *       *       *       *       *       *

    (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.

                        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 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.

              CRITERIA FOR ISSUANCE OF 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 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 of 
the 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 for maintenance pursuant to 
        this subsection shall be credited to a separate account 
        in the Treasury.
          [(2) Congress authorizes and directs that the 
        Secretary of the Treasury shall make all or a portion 
        of such moneys available to the Secretary or the 
        Administrator 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 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.]
    (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.

           *       *       *       *       *       *       *


                        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 to 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, unless the 
Secretary or Administrator (as appropriate) has issued a 
construction permit for the commemorative work during that 
period.]
    (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.

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