II

Calendar No. 516

106TH CONGRESS

2D SESSION S. 311

[Report No. 106–273]

To authorize the Disabled Veterans’ LIFE Memorial Foundation to establish

a memorial in the District of Columbia or its environs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 26, 1999

Mr. MCCAIN (for himself, Mr. COVERDELL, Mr. CLELAND, Mr. KERREY, Mr.

REID, Mr. BRYAN, Mr. INOUYE, Mr. KENNEDY, Mr. FEINGOLD, Mrs.

MURRAY, Ms. COLLINS, Ms. SNOWE, Mr. WELLSTONE, Mr. DASCHLE,

Mr. ROBB, Mr. HUTCHINSON, Mr. BURNS, Mr. GRAHAM, Mr. HARKIN,

and Mr. L. CHAFEE) introduced the following bill; which was read twice

and referred to the Committee on Energy and Natural Resources

APRIL 13, 2000

Reported by Mr. MURKOWSKI, with amendments

[Omit the part struck through and insert the part printed in italic]

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 TITLE I—THE DISABLED AMERICAN

2 VETERANS MEMORIAL

3 SECTION 1. SECTION 101. AUTHORITY TO ESTABLISH ME4 MORIAL.

5 (a) IN GENERAL.—The Disabled Notwithstanding

6 section 3(c) of Public Law 99–652, as amended (40 U.S.C.

7 1003(c)), the Disabled Veterans’ LIFE Memorial Founda8 tion is authorized to establish a memorial on Federal land

9 in the District of Columbia or its environs to honor dis10 abled American veterans who have served in the Armed

11 Forces of the United States.

12 (b) COMPLIANCE WITH STANDARDS FOR COMMEMO13 RATIVE WORKS.—The establishment of the memorial au14 thorized by subsection (a) shall be in accordance with the

15 Act entitled ‘‘An Act to provide standards for placement

16 of commemorative works on certain Federal lands in the

17 District of Columbia and its environs, and for other pur18 poses’’, approved November 14, 1986 (40 U.S.C. 1001 et

19 seq.).

20 SEC. 2. 102. PAYMENT OF EXPENSES.

21 The Disabled Veterans’ LIFE Memorial Foundation

22 shall be solely responsible for acceptance of contributions

23 for, and payment of the expenses of, the establishment of

24 the memorial authorized by section 1(a). No Federal funds
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1 may be used to pay any expense of the establishment of

2 the memorial.

3 SEC. 3. 103. DEPOSIT OF EXCESS FUNDS.

4 If, upon payment of all expenses of the establishment

5 of the memorial authorized by section 1(a) (including the

6 maintenance and preservation amount provided for in sec7 tion 8(b) of the Act referred to in section 1(b)), or upon

8 expiration of the authority for the memorial under section

9 10(b) of such Act, there remains a balance of funds re10 ceived for the establishment of the memorial, the Disabled

11 Veterans’ LIFE Memorial Foundation shall transmit the

12 amount of the balance to the Secretary of the Treasury

13 for deposit in the account provided for in section 8(b)(1)

14 of such Act.

15 TITLE II—COMMEMORATIVE

16 WORKS ACT AMENDMENTS

17 SEC. 201. REFERENCE TO COMMEMORATIVE WORKS ACT.

18 (a) In this title the term ‘‘Act’’ means the Commemora19 tive Works Act of 1986, as amended (Public Law 99–652;

20 40 U.S.C. 1001 et seq.).

21 SEC. 202. CLARIFICATIONS AND REVISIONS TO THE ACT.

22 (a) Section 1(b) of the Act (40 U.S.C. 1001(b)) is

23 amended by striking the semicolon and inserting ‘‘and its

24 environs, and to encourage the location of commemorative

25 works within the urban fabric of the District of Columbia;’’.
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1 (b) Section 2 of the Act (40 U.S.C. 1002) is amended

2 as follows:

3 (1) In subsection (c) by striking ‘‘or a structure

4 which is primarily used for other purposes’’ and in5 serting ‘‘that is not a commemorative work as defined

6 by this Act’’;

7 (2) In subsection (d) by striking ‘‘person’’ and

8 inserting ‘‘sponsor’’;

9 (3) In subsection (e) by striking ‘‘Areas I and II

10 as depicted on the map numbered 869/86501, and

11 dated May 1, 1986’, and insert ‘‘the Reserve, Area I,

12 and Area II as depicted on the map numbered 869/

13 86501A, and dated March 23, 2000’’;

14 (4) By redesignating subsection (e) as subsection

15 (f); and

16 (5) By adding a new subsection (e) as follows:

17 ‘‘(e) the term ‘‘Reserve’’ means the great cross-axis of

18 the Mall, which is a substantially completed work of civic

19 art and which generally extends from the U.S. Capitol to

20 the Lincoln Memorial, and from the White House to the

21 Jefferson Memorial, as depicted on the map described in

22 subsection (f);’’.

23 (c) Section 3 of the Act (40 U.S.C. 1003) is amended

24 as follows:

25 (1) In subsection (b)—
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1 (A) by striking ‘‘work commemorating a

2 lesser conflict’’ and inserting ‘‘work solely com3 memorating a limited military engagement’’;

4 (B) by striking ‘‘10’’ and inserting ‘‘25’’;

5 and

6 (C) by striking ‘‘the event.’’ and inserting

7 ‘‘such war or conflict.’’.

8 (2) In subsection (c) by striking ‘‘other than a

9 military commemorative work as described in sub10 section (b) of this section’’; and

11 (3) In subsection (d) by striking ‘‘House Over12 sight’’ and inserting ‘‘Resources’’.

13 (d) Section 4 of the Act (40 U.S.C. 1004) is amended

14 as follows:

15 (1) By amending subsection (a) to read as fol16 lows:

17 ‘‘(a) The National Capital Memorial Commission is

18 hereby established and shall include the following members

19 or their designees:

20 ‘‘(1) Director, National Park Service (who shall

21 serve as Chairman);

22 ‘‘(2) Architect of the Capitol;

23 ‘‘(3) Chairman, American Battle Monuments

24 Commission;

25 ‘‘(4) Chairman, Commission of Fine Arts;
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1 ‘‘(5) Chairman, National Capital Planning

2 Commission;

3 ‘‘(6) Mayor, District of Columbia;

4 ‘‘(7) Commissioner, Public Buildings Service,

5 General Services Administration; and

6 ‘‘(8) Secretary, Department of Defense.’’; and

7 (2) In subsection (b) by striking ‘‘Adminis8 trator’’ and inserting ‘‘Administrator (as appro9 priate)’’.

10 (e) Section 5 of the Act (40 U.S.C. 1005) is amended—

11 (1) By striking ‘‘Administrator’’ and inserting

12 ‘‘Administrator (as appropriate)’’ and

13 (2) By striking ‘‘869/8501, and dated May 1,

14 1986.’’ and inserting ‘‘869/8501A, and dated March

15 23, 2000.’’.

16 (f) Section 6 of the Act (40 U.S.C. 1006) is amended

17 as follows:

18 (1) In subsection (a) by striking ‘‘3(b)’’ and in19 serting ‘‘3(d)’’;

20 (2) By redesignating subsections (a) and (b) as

21 subsections (b) and (c), respectively; and

22 (3) by adding a new subsection (a) as follows:

23 ‘‘(a) Sites for commemorative works shall not be au24 thorized within the Reserve after January 1, 2000.’’.
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1 (g) Section 7 of the Act (40 U.S.C. 1007) is amended

2 as follows:

3 (1) By striking ‘‘person’’ and inserting ‘‘spon4 sor’’ each place it appears;

5 (2) In subsection (a) by striking ‘‘designs’’ and

6 inserting ‘‘design concepts’’;

7 (3) In subsection (b) by striking ‘‘and Adminis8 trator’’ and inserting ‘‘or Administrator (as appro9 priate)’’;

10 (4) In subsection (b)(2) by striking ‘‘open space

11 and existing public use; and’’ and inserting ‘‘open

12 space, existing public use, and cultural and natural

13 resources;’’;

14 (5) In subsection (b)(3) by striking the period at

15 the end and inserting a semicolon; and

16 (6) by adding the following new paragraphs:

17 ‘‘(4) No commemorative work primarily designed

18 as a museum may be located on lands under the ju19 risdiction of the Secretary in Area I or in East Poto20 mac Park as depicted on the map referenced in sub21 section 2(f);

22 ‘‘(5) The National Capital Planning Commission

23 and the Commission of Fine Arts may develop such

24 criteria or guidelines specified to each site that are

25 mutually agreed upon to ensure that the design of the
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1 commemorative work carries out the purposes of this

2 Act; and’’

3 ‘‘(6) Donor contributions to commemorative

4 works shall not be acknowledged in any manner as

5 part of the commemorative work or its site.’’.

6 (h) Section 8 of the Act (40 U.S.C. 1008) is amended

7 as follows:

8 (1) In subsection (a)(3) and (a)(4) and in sub9 section (b) by striking ‘‘person’’ each place it appears

10 and inserting ‘‘sponsor’’;

11 (2) In subsection (b)(1) and (b)(2) by striking

12 ‘‘persons’’ each place it appears and inserting ‘‘a

13 sponsor’’;

14 (3) By adding at the end of subsection (b)(1),

15 ‘‘All such proceeds shall be available, without further

16 appropriation, for the non-recurring repair of the

17 sponsor’s commemorative work.’’;

18 (4) In subsection (b)(2), by striking ‘‘Congress

19 authorizes and directs that,’’ and inserting ‘‘Congress

20 authorizes and directs that, upon request,’’;

21 (5) In subsection (b)(2) in the first sentence

22 strike ‘‘Administrator’’, and inserting ‘‘Administrator

23 (as appropriate)’’; and

24 (6) By amending subsection (c) to read as fol25 lows:
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1 ‘‘(c) The sponsor shall be required to submit to the Sec2 retary or the Administrator (as appropriate) an annual re3 port of operations, including financial statements audited

4 by an independent certified public accountant, paid for by

5 the sponsor authorized to construct the commemorative

6 work.’’.

7 (i) Section 9 of the Act (40 U.S.C. 1009) is hereby

8 repealed.

9 (j) Section 10 of the Act (40 U.S.C. 1010) is amended

10 as follows:

11 (1) by amending subsection (b) to read as fol12 lows:

13 ‘‘(b) Any legislative authority for a commemorative

14 work shall expire at the end of the seven-year period begin15 ning on the date of the enactment of such authority, or at

16 the end of the seven-year period beginning on the date of

17 the enactment of legislative authority to locate the com18 memorative work within Area I where such addition au19 thority has been granted, unless:

20 ‘‘(1) the Secretary or the Administrator (as ap21 propriate) has issued a construction permit for the

22 commemorative work during that period; or

23 ‘‘(2) the Secretary or the Administrator, in con24 sultation with the National Capital Memorial Com25 mission, has made a determination that final design
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1 approvals have been obtained from the National Cap2 ital Planning Commission and the Commission of

3 Fine Arts and that 75 percent of the amount esti4 mated to be required to complete the memorial has

5 been raised. If these two conditions have been met, the

6 Secretary or the Administrator may extend the 7-year

7 legislative authority for a period not to exceed three

8 years from the date of expiration. Upon expiration of

9 the legislative authority, any previous site and design

10 approvals will also expire.’’; and

11 (2) By adding a new subsection (f) as follows:

12 ‘‘(f) The National Capital Planning Commission, in

13 coordination with the Commission of Fine Arts and the Na14 tional Capital Memorial Commission, shall complete its

15 master plan to guide the location and development of future

16 memorials outside the Reserve for the next 50 years, includ17 ing evaluation of and guidelines for potential sites.’’.
Calendar No. 516

106TH CONGRESS

2D SESSION S. 311

[Report No. 106–273]

A BILL

To authorize the Disabled Veterans’ LIFE Memorial Foundation to establish a memorial in the

District of Columbia or its environs, and forother purposes.

APRIL 13, 2000

Reported with amendments