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.

Summary: (Sec. 101) Prohibits Federal funds from being used to pay any expense of the establishment of the memorial.
Title II: Commemorative Works Act Amendments
 - Commemorative Works Clarification and Revision Act of 2000 - Amends the Commemorative Works Act of 1986 to: (1) state as one of the Act's purposes encouraging the location of commemorative works within the urban fabric of the District; (2) exclude from the meaning of "commemorative work" any structure that is not a commemorative work as defined by the Act; (3) define sponsor; (4) update the map covered by the Act to include the "Reserve," defined as the great cross-axis of the Mall, extending from the U.S. Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial.
(Sec. 202) Excludes a work solely commemorating a limited military engagement from the Act (currently, a work commemorating a lesser conflict). Extends from ten 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.
Changes from the House Committee on House Oversight to the House Committee on Resources committee jurisdiction over legislation authorizing commemorative works in the District and its environs.
Allows members of the National Capital Memorial Commission to appoint designees to serve in their place.
Prohibits the authorization of sites for commemorative works within the Reserve after January 1, 2000.
Requires that a commemorative work be located to protect cultural and natural resources (as well as open space and existing public use).
Prohibits commemorative work designed primarily as a museum from being located on lands under the Secretary of the Interior's jurisdiction in Area I or in East Potomac Park. Authorizes the National Capital Planning Commission and the Commission of Fine Arts to develop criteria or guidelines specified to each site that are mutually agreed upon to ensure that the design of the commemorative work carries out the Act's purposes.
Prohibits the acknowledgment of donor contributions to such works in any manner as part of the work or its site.
Mandates that monies provided by a commemorative work's sponsor for its maintenance shall be available, without further appropriation, for the non-recurring repair of such work.
Requires a commemorative work's sponsor (currently, person) to donate at least 10 percent of the total estimated construction costs to offset the costs of perpetual maintenance and preservation costs of the work, and requires such proceeds to be available for the nonrecurring repairs of such work. Authorizes the Secretary or the National Park Foundation to make donated moneys available for the maintenance of a commemorative work.
Repeals the authority of the Secretary or the Administrator of the General Services Administration (as appropriate) 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. Requires the work sponsor to submit annual operations reports, including audited financial statements, to the Secretary or the Administrator (as appropriate).
Repeals authority to make temporary site designations.
Revises provisions for expiration of legislative authority for a commemorative work seven years after its enactment. Provides in the alternative for expiration of such authority seven years from the date of enactment of authority to locate the work within Area I where such addition authority has been granted, unless (as under current law) the Secretary or the Administrator (as appropriate) has issued a construction permit, or: (1) final design approvals have been obtained from specified commissions; and (2) 75 percent of the amount estimated to be required for memorial completion has been raised. Provides that, if these conditions are met, the Secretary or the Administrator may extend the seven-year legislative authority for up to three years. Terminates any previous site and design approvals upon expiration of the legislative authority.
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, including evaluation of and guidelines for potential sites.
Mandates that nothing in this Title shall apply to memorials whose sites were approved before the enactment of this Title.

TITLE I--THE DISABLED VETERANS MEMORIAL

SECTION 101. AUTHORITY TO ESTABLISH MEMORIAL.

    (a) In General.--Notwithstanding section 3(c) of Public Law 99-652, 
as amended (40 U.S.C. 1003(c)), the Disabled Veterans' LIFE Memorial 
Foundation is authorized to establish a memorial on Federal land in the 
District of Columbia or its environs to honor disabled veterans who 
have served in the Armed Forces of the United States.
    (b) Compliance With Standards for Commemorative Works.--The 
establishment of the memorial authorized by subsection (a) shall be in 
accordance with the Act entitled ``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'', 
approved November 14, 1986 (40 U.S.C. 1001 et seq.).

SEC. 102. PAYMENT OF EXPENSES.

    The Disabled Veterans' LIFE Memorial Foundation shall be solely 
responsible for acceptance of contributions for, and payment of the 
expenses of, the establishment of the memorial authorized by section 
1(a). No Federal funds may be used to pay any expense of the 
establishment of the memorial.

SEC. 103. DEPOSIT OF EXCESS FUNDS.

    If, upon payment of all expenses of the establishment of the 
memorial authorized by section 1(a) (including the maintenance and 
preservation amount provided for in section 8(b) of the Act referred to 
in section 1(b)), or upon expiration of the authority for the memorial 
under section 10(b) of such Act, there remains a balance of funds 
received for the establishment of the memorial, the Disabled Veterans' 
LIFE Memorial Foundation shall transmit the amount of the balance to 
the Secretary of the Treasury for deposit in the account provided for 
in section 8(b)(1) of such Act.

              TITLE II--COMMEMORATIVE WORKS ACT AMENDMENTS

SEC. 201. SHORT TITLE

    This title may be cited as the ``Commemorative Works Clarification 
and Revision Act of 2000''.

SEC. 202. 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. 203. CLARIFICATIONS 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 ``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 
        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.''.
    (h) Section 8 of the Act (40 U.S.C. 1008) is amended as follows:
            (1) In subsections (a)(3) and (a)(4) and in subsection (b) 
        by striking ``person'' each place it appears and inserting 
        ``sponsor''.
            (2) By amending subsection (b) to read as follows:
    ``(b) 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 
proceeds shall be available for the nonrecurring repair of the 
sponsor's commemorative work 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:
            ``(1) 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.
            ``(2) 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 2000 
        shall be credited to a separate account with the National Park 
        Foundation.
            ``(3) 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 (1) or (2). 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.''.
            (3) 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 addition 
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 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.''; 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.''.

SEC. 204. PREVIOUSLY APPROVED MEMORIALS.

    Nothing in this title shall apply to a memorial whose site was 
approved, in accordance with the Commemorative Works Act of 1986 
(Public Law 99-652; 40 U.S.C. 1001 et seq.), prior to the date of 
enactment of this title.

            Passed the Senate July 10, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                 S. 311

_______________________________________________________________________

                                 AN ACT

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