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In the Senate of the United States,

November 5, 2003.

Resolved, That the bill from the House of Representatives (H.R. 1442) entitled ‘‘An Act to authorize the design

and construction of a visitor center for the Vietnam Veterans

Memorial.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—VIETNAM VETERANS

2 MEMORIAL VISITOR CENTER

3 SEC. 101. VISITOR CENTER

4 Public Law 96–297 (16 U.S.C. 431 note) is amended

5 by adding at the end the following:
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1 ‘‘SEC. 6. VISITOR CENTER.

2 ‘‘(a) AUTHORIZATION.—

3 ‘‘(1) IN GENERAL.—The Vietnam Veterans Me4 morial Fund, Inc., is authorized to construct a visitor

5 center at or near the Vietnam Veterans Memorial on

6 Federal land in the District of Columbia, or its envi7 rons, subject to the provisions of this section, in order

8 to better inform and educate the public about the

9 Vietnam Veterans Memorial and the Vietnam War.

10 ‘‘(2) LOCATION.—The visitor center shall be lo11 cated underground.

12 ‘‘(3) CONSULTATION ON DESIGN PHASE.—The

13 Vietnam Veterans Memorial Fund, Inc. shall consult

14 with educators, veterans groups, and the National

15 Park Service in developing the proposed design of the

16 visitor center.

17 ‘‘(b) COMPLIANCE WITH STANDARDS APPLICABLE TO

18 COMMEMORATIVE WORKS.—Chapter 89 of title 40, United

19 States Code, shall apply, including provisions related to the

20 siting, design, construction, and maintenance of the visitor

21 center, and the visitor center shall be considered a com22 memorative work for the purposes of that Act, except that—

23 ‘‘(1) final approval of the visitor center shall not

24 be withheld;

25 ‘‘(2) the provisions of subsections (b) and (c) of

26 section 8908 of title 40, United States Code, requiring
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1 further approval by law for the location of a com2 memorative work within Area I and prohibiting the

3 siting of a visitor center within the Reserve shall not

4 apply;

5 ‘‘(3) the size of the visitor center shall be limited

6 to the minimum necessary—

7 ‘‘(A) to provide for appropriate educational

8 and interpretive functions; and

9 ‘‘(B) to prevent interference or encroach10 ment on the Vietnam Veterans Memorial and to

11 protect open space and visual sightlines on the

12 Mall; and

13 ‘‘(4) the visitor center shall be constructed and

14 landscaped in a manner harmonious with the site of

15 the Vietnam Veterans Memorial, consistent with the

16 special nature and sanctity of the Mall.

17 ‘‘(c) OPERATION AND MAINTENANCE.—

18 ‘‘(1) IN GENERAL.—The Secretary of the Interior

19 shall—

20 ‘‘(A) operate and maintain the visitor cen21 ter, except that the Secretary shall enter into a

22 written agreement with the Vietnam Veterans

23 Memorial Fund, Inc. for specified maintenance

24 needs of the visitor center, as determined by the

25 Secretary; and
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1 ‘‘(B) as soon as practicable, in consultation

2 with educators and veterans groups, develop a

3 written interpretive plan for the visitor center in

4 accordance with National Park Service policy.

5 ‘‘(2) DONATION FOR PERPETUAL MAINTENANCE

6 AND PRESERVATION.—Paragraph (1)(A) does not

7 waive the requirements of section 8906(b) of title 40,

8 United States Code, with respect to the visitor center.

9 ‘‘(d) FUNDING.—The Vietnam Veterans Memorial

10 Fund, Inc. shall be solely responsible for acceptance of con11 tributions for, and payment of expenses of, the establish12 ment of the visitor center. No Federal funds shall be used

13 to pay any expense of the establishment of the visitor cen14 ter.’’.

15 TITLE II—COMMEMORATIVE

16 WORKS

17 SEC. 201. SHORT TITLE.

18 This title may be cited as the ‘‘Commemorative Works

19 Clarification and Revision Act of 2003’’.

20 SEC. 202. ESTABLISHMENT OF RESERVE.

21 (a) FINDINGS.—Congress finds that—

22 (1) the great cross-axis of the Mall in the Dis23 trict of Columbia, which generally extends from the

24 United States Capitol to the Lincoln Memorial, and
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1 from the White House to the Jefferson Memorial, is a

2 substantially completed work of civic art; and

3 (2) to preserve the integrity of the Mall, a reserve

4 area should be designated within the core of the great

5 cross-axis of the Mall where the siting of new com6 memorative works is prohibited.

7 (b) RESERVE.—Section 8908 of title 40, United States

8 Code, is amended by adding at the end the following:

9 ‘‘(c) RESERVE.—After the date of enactment of the

10 Commemorative Works Clarification and Revision Act of

11 2003, no commemorative work or visitor center shall be lo12 cated within the Reserve.’’.

13 SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.

14 (a) PURPOSES.—Section 8901(2) of title 40, United

15 States Code, is amended by striking ‘‘Columbia;’’ and in16 serting ‘‘Columbia and its environs, and to encourage the

17 location of commemorative works within the urban fabric

18 of the District of Columbia;’’.

19 (b) DEFINITIONS.—Section 8902 of title 40, United

20 States Code, is amended by striking subsection (a) and in21 serting the following:

22 ‘‘(a) DEFINITIONS.—In this chapter:

23 ‘‘(1) COMMEMORATIVE WORK.—The term ‘com24 memorative work’ means any statue, monument,

25 sculpture, memorial, plaque, inscription, or other
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1 structure or landscape feature, including a garden or

2 memorial grove, designed to perpetuate in a perma3 nent manner the memory of an individual, group,

4 event or other significant element of American his5 tory, except that the term does not include any such

6 item which is located within the interior of a struc7 ture or a structure which is primarily used for other

8 purposes.

9 ‘‘(2) THE DISTRICT OF COLUMBIA AND ITS ENVI10 RONS.—The term ‘the District of Columbia and its

11 environs’ means those lands and properties adminis12 tered by the National Park Service and the General

13 Services Administration located in the Reserve, Area

14 I, and Area II as depicted on the map entitled ‘Com15 memorative Areas Washington, DC and Environs’,

16 numbered 869/86501 B, and dated June 24, 2003.

17 ‘‘(3) RESERVE.—The term ‘Reserve’ means the

18 great cross-axis of the Mall, which generally extends

19 from the United States Capitol to the Lincoln Memo20 rial, and from the White House to the Jefferson Me21 morial, as depicted on the map referenced in para22 graph (2).

23 ‘‘(4) SPONSOR.—The term ‘sponsor’ means a

24 public agency, or an individual, group or organiza25 tion that is described in section 501(c)(3) of the Inter-
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1 nal Revenue Code of 1986 and exempt from tax under

2 section 501(a) of such Code, and which is authorized

3 by Congress to establish a commemorative work in the

4 District of Columbia and its environs.’’.

5 (c) AUTHORIZATION.—Section 8903 of title 40, United

6 States Code, is amended—

7 (1) in subsection (b)—

8 (A) by striking ‘‘work commemorating a

9 lesser conflict’’ and inserting ‘‘work solely com10 memorating a limited military engagement’’;

11 and

12 (B) by striking ‘‘the event’’ and inserting

13 ‘‘such war or conflict’’;

14 (2) in subsection (d)—

15 (A) by striking ‘‘CONSULTATION WITH NA16 TIONAL CAPITAL MEMORIAL COMMISSION.—’’

17 and inserting ‘‘CONSULTATION WITH NATIONAL

18 CAPITAL MEMORIAL ADVISORY COMMISSION.—’’;

19 (B) by striking ‘‘House Administration’’

20 and inserting ‘‘Resources’’; and

21 (C) by inserting ‘‘Advisory’’ before ‘‘Com22 mission’’; and

23 (3) by striking subsection (e) and inserting the

24 following:
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1 ‘‘(e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Any

2 legislative authority for a commemorative work shall expire

3 at the end of the seven-year period beginning on the date

4 of the enactment of such authority, or at the end of the

5 seven-year period beginning on the date of the enactment

6 of legislative authority to locate the commemorative work

7 within Area I, if such additional authority has been grant8 ed, unless—

9 ‘‘(1) the Secretary of the Interior or the Admin10 istrator of General Services (as appropriate) has

11 issued a construction permit for the commemorative

12 work during that period; or

13 ‘‘(2) the Secretary or the Administrator (as ap14 propriate), in consultation with the National Capital

15 Memorial Advisory Commission, has made a deter16 mination that—

17 ‘‘(A) final design approvals have been ob18 tained from the National Capital Planning Com19 mission and the Commission of Fine Arts; and

20 ‘‘(B) 75 percent of the amount estimated to

21 be required to complete the commemorative work

22 has been raised.

23 If these two conditions have been met, the Secretary or the

24 Administrator (as appropriate) may extend the seven-year

25 legislative authority for a period not to exceed three addi-
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1 tional years. Upon expiration of the legislative authority,

2 any previous site and design approvals shall also expire.’’.

3 (d) NATIONAL CAPITAL MEMORIAL ADVISORY COMMIS4 SION.—Section 8904 of title 40, United States Code, is

5 amended—

6 (1) in the heading, by inserting ‘‘Advisory’’ be7 fore ‘‘Commission’’;

8 (2) in subsection (a), by striking ‘‘There is a Na9 tional’’ and all that follows through ‘‘consists of’’ and

10 inserting the following: ‘‘There is established the Na11 tional Capital Memorial Advisory Commission, which

12 shall be composed of’’;

13 (3) in subsection (c)—

14 (A) by inserting ‘‘Advisory’’ before ‘‘Com15 mission shall’’; and

16 (B) by striking ‘‘Services’’ and inserting

17 ‘‘Services (as appropriate)’’; and

18 (4) in subsection (d) by inserting ‘‘Advisory’’ be19 fore ‘‘Commission’’.

20 (e) SITE AND DESIGN APPROVAL.—Section 8905 of

21 title 40, United States Code, is amended—

22 (1) in subsection (a)—

23 (A) by striking ‘‘person’’ each place it ap24 pears and inserting ‘‘sponsor’’; and

25 (B) in paragraph (1)—
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1 (i) by inserting ‘‘Advisory’’ before

2 ‘‘Commission’’; and

3 (ii) by striking ‘‘designs’’ and insert4 ing ‘‘design concepts’’; and

5 (2) in subsection (b)—

6 (A) by striking ‘‘Secretary, and Adminis7 trator’’ and inserting ‘‘and the Secretary or Ad8 ministrator (as appropriate)’’; and

9 (B) in paragraph (2)(B), by striking, ‘‘open

10 space and existing public use.’’ and inserting

11 ‘‘open space, existing public use, and cultural

12 and natural resources.’’.

13 (f) CRITERIA FOR ISSUANCE OF CONSTRUCTION PER14 MIT.—Section 8906 of title 40, United States Code, is

15 amended—

16 (1) in subsection (a)(3) and (a)(4) by striking

17 ‘‘person’’ and inserting ‘‘sponsor’’; and

18 (2) by striking subsection (b) and inserting the

19 following:

20 ‘‘(b) DONATION FOR PERPETUAL MAINTENANCE AND

21 PRESERVATION.—

22 ‘‘(1) In addition to the criteria described above

23 in subsection (a), no construction permit shall be

24 issued unless the sponsor authorized to construct the

25 commemorative work has donated an amount equal to
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1 10 percent of the total estimated cost of construction

2 to offset the costs of perpetual maintenance and pres3 ervation of the commemorative work. All such

4 amounts shall be available for those purposes pursu5 ant to the provisions of this subsection. The provisions

6 of this subsection shall not apply in instances when

7 the commemorative work is constructed by a Depart8 ment or agency of the Federal Government and less

9 than 50 percent of the funding for such work is pro10 vided by private sources.

11 ‘‘(2) Notwithstanding any other provision of law,

12 money on deposit in the Treasury on the date of en13 actment of the Commemorative Works Clarification

14 and Revision Act of 2003 provided by a sponsor for

15 maintenance pursuant to this subsection shall be cred16 ited to a separate account in the Treasury.

17 ‘‘(3) Money provided by a sponsor pursuant to

18 the provisions of this subsection after the date of en19 actment of the Commemorative Works Clarification

20 and Revision Act of 2003 shall be credited to a sepa21 rate account with the National Park Foundation.

22 ‘‘(4) Upon request of the Secretary or Adminis23 trator (as appropriate), the Secretary of the Treasury

24 or the National Park Foundation shall make all or a

25 portion of such moneys available to the Secretary or
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1 the Administrator (as appropriate) for the mainte2 nance of a commemorative work. Under no cir3 cumstances may the Secretary or Administrator re4 quest funds from a separate account exceeding the

5 total money in the account established under para6 graph (2) or (3). The Secretary and the Adminis7 trator shall maintain an inventory of funds available

8 for such purposes. Funds provided under this para9 graph shall be available without further appropria10 tion and shall remain available until expended.’’.

11 (g) AREAS I AND II.—Section 8908(a) of title 40,

12 United States Code, is amended—

13 (1) by striking ‘‘Secretary of the Interior and

14 Administrator of General Services’’ and inserting

15 ‘‘Secretary of the Interior or the Administrator of

16 General Services (as appropriate)’’; and

17 (2) by striking ‘‘numbered 869/86581, and dated

18 May 1, 1986’’ and inserting ‘‘entitled ‘Commemora19 tive Areas Washington, DC and Environs’, numbered

20 869/86501 B, and dated June 24, 2003’’.

21 SEC. 204. SITE AND DESIGN CRITERIA.

22 Section 8905(b) of title 40, United States Code (as

23 amended by section 203(e)), is amended by adding at the

24 end the following:
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1 ‘‘(5) MUSEUMS.—No commemorative work pri2 marily designed as a museum may be located on

3 lands under the jurisdiction of the Secretary in Area

4 I or in East Potomac Park as depicted on the map

5 referenced in section 8902(2).

6 ‘‘(6) SITE-SPECIFIC GUIDELINES.—The National

7 Capital Planning Commission and the Commission of

8 Fine Arts may develop such criteria or guidelines spe9 cific to each site that are mutually agreed upon to en10 sure that the design of the commemorative work car11 ries out the purposes of this chapter.

12 ‘‘(7) DONOR CONTRIBUTIONS.—Donor contribu13 tions to commemorative works shall not be acknowl14 edged in any manner as part of the commemorative

15 work or its site.’’.

16 SEC. 205. NO EFFECT ON PREVIOUSLY APPROVED SITES.

17 Except for the provision in the amendment made by

18 section 202(b) prohibiting a visitor center from being lo19 cated in the Reserve (as defined in section 8902 of title 40,

20 United States Code), nothing in this title shall apply to

21 a commemorative work for which a site was approved in

22 accordance with chapter 89 of title 40, United States Code,

23 prior to the date of enactment of this title.
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1 SEC. 206. NATIONAL PARK SERVICE REPORTS.

2 Within six months after the date of enactment of this

3 title, the Secretary of the Interior, in consultation with the

4 National Capital Planning Commission and the Commis5 sion of Fine Arts, shall submit to the Committee on Energy

6 and Natural Resources of the United States Senate, and

7 to the Committee on Resources of the United States House

8 of Representatives reports setting forth plans for the fol9 lowing:

10 (1) To relocate, as soon as practicable after the

11 date of enactment of this Act, the National Park Serv12 ice’s stable and maintenance facilities that are within

13 the Reserve (as defined in section 8902 of title 40,

14 United States Code).

15 (2) To relocate, redesign or otherwise alter the

16 concession facilities that are within the Reserve to the

17 extent necessary to make them compatible with the

18 Reserve’s character.

19 (3) To limit the sale or distribution of permitted

20 merchandise to those areas where such activities are

21 less intrusive upon the Reserve, and to relocate any

22 existing sale or distribution structures that would oth23 erwise be inconsistent with the plan.
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1 (4) To make other appropriate changes, if any,

2 to protect the character of the Reserve.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 1442

AMENDMENT