99–010

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. 

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‘‘(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: 

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‘‘(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)—

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(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 

5

‘‘(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 aboveor 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 meetVerDate May 23 2002 05:42 Jul 02, 2002 Jkt 099010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR177.XXX pfrm72 PsN: SR177
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ing 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 comVerDate May 23 2002 05:42 Jul 02, 2002 Jkt 099010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR177.XXX pfrm72 PsN: SR177
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ment, 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 sectionby-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). 

8

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 money provided 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 AdVerDate May 23 2002 05:42 Jul 02, 2002 Jkt 099010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR177.XXX pfrm72 PsN: SR177
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ministration (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:

10

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.

11

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 DI- RECTOR, 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 

12

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 

13

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. 

14

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; 

15

(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; 

16

1For 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. 

(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: 

(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 øColumbia;¿ Columbia and its environs, 

and to encourage the location of commemorative works within the 

urban fabric of the District of Columbia;

* * * * * * *

DEFINITIONS

SEC. 2. øAs used in this Act—

ø(a) the term ‘‘Secretary’’ means the Secretary of the Interior; 

ø(b) the term ‘‘Administrator’’ means the Administrator of the 

General Services Administration; 

ø(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; 

ø(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; 

17

ø(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 

øwork 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 øthe 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. 

18

(d) In considering legislation authorizing commemorative works 

within the District of Columbia and its environs, the Committee on 

øHouse 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) øThe 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 øAdministration¿ 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 øSecretary 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 ønumbered 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 øperson¿ 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: 

19

(1) Such øperson¿ sponsor shall consult with the National 

Capital Memorial Commission regarding the selection of alternative sites and ødesigns¿ 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 øperson¿, 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 øand 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, øopen 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 

climateø.¿;

(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 øperson¿ 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 

20

(4) the øperson¿ sponsor authorized to construct the commemorative work has available sufficient funds to complete 

construction of the project. 

ø(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. 

ø(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. 

ø(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 

21

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. 

ø(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. 

* * * * * * *

Æ