106TH CONGRESS

2D SESSION S. 311

AN ACT

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

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

2 VETERANS MEMORIAL

3 SECTION 101. AUTHORITY TO ESTABLISH MEMORIAL.

4 (a) IN GENERAL.—Notwithstanding section 3(c) of

5 Public Law 99–652, as amended (40 U.S.C. 1003(c)), the

6 Disabled Veterans’ LIFE Memorial Foundation is author7 ized to establish a memorial on Federal land in the Dis8 trict of Columbia or its environs to honor disabled vet9 erans who have served in the Armed Forces of the United

10 States.

11 (b) COMPLIANCE WITH STANDARDS FOR COMMEMO12 RATIVE WORKS.—The establishment of the memorial au13 thorized by subsection (a) shall be in accordance with the

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

15 of commemorative works on certain Federal lands in the

16 District of Columbia and its environs, and for other pur17 poses’’, approved November 14, 1986 (40 U.S.C. 1001 et

18 seq.).

19 SEC. 102. PAYMENT OF EXPENSES.

20 The Disabled Veterans’ LIFE Memorial Foundation

21 shall be solely responsible for acceptance of contributions

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

23 the memorial authorized by section 1(a). No Federal funds

24 may be used to pay any expense of the establishment of

25 the memorial.
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1 SEC. 103. DEPOSIT OF EXCESS FUNDS.

2 If, upon payment of all expenses of the establishment

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

4 maintenance and preservation amount provided for in sec5 tion 8(b) of the Act referred to in section 1(b)), or upon

6 expiration of the authority for the memorial under section

7 10(b) of such Act, there remains a balance of funds re8 ceived for the establishment of the memorial, the Disabled

9 Veterans’ LIFE Memorial Foundation shall transmit the

10 amount of the balance to the Secretary of the Treasury

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

12 of such Act.

13 TITLE II—COMMEMORATIVE

14 WORKS ACT AMENDMENTS

15 SEC. 201. SHORT TITLE

16 This title may be cited as the ‘‘Commemorative

17 Works Clarification and Revision Act of 2000’’.

18 SEC. 202. REFERENCE TO COMMEMORATIVE WORKS ACT.

19 (a) In this title the term ‘‘Act’’ means the Commemo20 rative Works Act of 1986, as amended (Public Law 99–

21 652; 40 U.S.C. 1001 et seq.).

22 SEC. 203. CLARIFICATIONS AND REVISIONS TO THE ACT.

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

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

25 environs, and to encourage the location of commemorative
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1 works within the urban fabric of the District of Colum2 bia;’’.

3 (b) Section 2 of the Act (40 U.S.C. 1002) is amended

4 as follows:

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

6 which is primarily used for other purposes’’ and in7 serting ‘‘that is not a commemorative work as de8 fined by this Act’’;

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

10 inserting ‘‘sponsor’’;

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

12 II as depicted on the map numbered 869/86501, and

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

14 I, and Area II as depicted on the map numbered

15 869/86501A, and dated March 23, 2000’’;

16 (4) By redesignating subsection (e) as sub17 section (f); and

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

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

20 of the Mall, which is a substantially completed work of

21 civic art and which generally extends from the U.S. Cap22 itol to the Lincoln Memorial, and from the White House

23 to the Jefferson Memorial, as depicted on the map de24 scribed in subsection (f);’’.
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1 (c) Section 3 of the Act (40 U.S.C. 1003) is amended

2 as follows:

3 (1) In subsection (b)—

4 (A) by striking ‘‘work commemorating a

5 lesser conflict’’ and inserting ‘‘work solely com6 memorating a limited military engagement’’;

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

8 and

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

10 ‘‘such war or conflict.’’.

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

12 military commemorative work as described in sub13 section (b) of this section’’; and

14 (3) In subsection (d) by striking ‘‘House Over15 sight’’ and inserting ‘‘Resources’’.

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

17 as follows:

18 (1) By amending subsection (a) to read as fol19 lows:

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

21 hereby established and shall include the following mem22 bers or their designees:

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

24 serve as Chairman);

25 ‘‘(2) Architect of the Capitol;
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1 ‘‘(3) Chairman, American Battle Monuments

2 Commission;

3 ‘‘(4) Chairman, Commission of Fine Arts;

4 ‘‘(5) Chairman, National Capital Planning

5 Commission;

6 ‘‘(6) Mayor, District of Columbia;

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

8 General Services Administration; and

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

10 (2) In subsection (b) by striking ‘‘Adminis11 trator’’ and inserting ‘‘Administrator (as appro12 priate)’’.

13 (e) Section 5 of the Act (40 U.S.C. 1005) is

14 amended—

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

16 ‘‘Administrator (as appropriate)’’ and

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

18 1986.’’ and inserting ‘‘869/8501A, and dated March

19 23, 2000.’’.

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

21 as follows:

22 (1) In subsection (a) by striking ‘‘3(b)’’ and in23 serting ‘‘3(d)’’;

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

25 subsections (b) and (c), respectively; and
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1 (3) by adding a new subsection (a) as follows:

2 ‘‘(a) Sites for commemorative works shall not be au3 thorized within the Reserve after January 1, 2000.’’.

4 (g) Section 7 of the Act (40 U.S.C. 1007) is amended

5 as follows:

6 (1) By striking ‘‘person’’ and inserting ‘‘spon7 sor’’ each place it appears;

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

9 inserting ‘‘design concepts’’;

10 (3) In subsection (b) by striking ‘‘and Adminis11 trator’’ and inserting ‘‘or Administrator (as appro12 priate)’’;

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

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

15 space, existing public use, and cultural and natural

16 resources;’’;

17 (5) In subsection (b)(3) by striking the period

18 at the end and inserting a semicolon; and

19 (6) by adding the following new paragraphs:

20 ‘‘(4) No commemorative work primarily de21 signed as a museum may be located on lands under

22 the jurisdiction of the Secretary in Area I or in East

23 Potomac Park as depicted on the map referenced in

24 subsection 2(f);
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1 ‘‘(5) The National Capital Planning Commis2 sion and the Commission of Fine Arts may develop

3 such criteria or guidelines specified to each site that

4 are mutually agreed upon to ensure that the design

5 of the commemorative work carries out the purposes

6 of this Act; and’’

7 ‘‘(6) Donor contributions to commemorative

8 works shall not be acknowledged in any manner as

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

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

11 as follows:

12 (1) In subsections (a)(3) and (a)(4) and in sub13 section (b) by striking ‘‘person’’ each place it ap14 pears and inserting ‘‘sponsor’’.

15 (2) By amending subsection (b) to read as fol16 lows:

17 ‘‘(b) In addition to the foregoing criteria, no con18 struction permit shall be issued unless the sponsor author19 ized to construct the commemorative work has donated an

20 amount equal to 10 percent of the total estimated cost

21 of construction to offset the costs of perpetual mainte22 nance and preservation of the commemorative work. All

23 such proceeds shall be available for the nonrecurring re24 pair of the sponsor’s commemorative work pursuant to the

25 provisions of this subsection. The provisions of this sub-
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1 section shall not apply in instances when the commemora2 tive work is constructed by a department or agency of the

3 Federal Government and less than 50 percent of the fund4 ing for such work is provided by private sources:

5 ‘‘(1) Notwithstanding any other provision of

6 law, money on deposit in the Treasury on the date

7 of enactment of this subsection provided by a spon8 sor for maintenance pursuant to this subsection

9 shall be credited to a separate account in the Treas10 ury.

11 ‘‘(2) Money provided by a sponsor pursuant to

12 the provisions of this subsection after the date of en13 actment of the Commemorative Works Clarification

14 and Revision Act of 2000 shall be credited to a sepa15 rate account with the National Park Foundation.

16 ‘‘(3) Upon request, the Secretary of the Treas17 ury or the National Park Foundation shall make all

18 or a portion of such moneys available to the Sec19 retary or the Administrator (as appropriate) for the

20 maintenance of a commemorative work. Under no

21 circumstances may the Secretary or Administrator

22 request funds from a separate account exceeding the

23 total money in the account established under para24 graph (1) or (2). The Secretary and the Adminis25 trator shall maintain an inventory of funds available
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1 for such purposes. Funds provided under this para2 graph shall be available without further appropria3 tion and shall remain available until expended.’’.

4 (3) By amending subsection (c) to read as fol5 lows:

6 ‘‘(c) The sponsor shall be required to submit to the

7 Secretary or the Administrator (as appropriate) an annual

8 report of operations, including financial statements au9 dited by an independent certified public accountant, paid

10 for by the sponsor authorized to construct the commemo11 rative work.’’.

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

13 repealed.

14 (j) Section 10 of the Act (40 U.S.C. 1010) is amend15 ed as follows:

16 (1) by amending subsection (b) to read as fol17 lows:

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

19 work shall expire at the end of the seven-year period be20 ginning on the date of the enactment of such authority,

21 or at the end of the seven-year period beginning on the

22 date of the enactment of legislative authority to locate the

23 commemorative work within Area I where such addition

24 authority has been granted, unless:
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1 ‘‘(1) the Secretary or the Administrator (as ap2 propriate) has issued a construction permit for the

3 commemorative work during that period; or

4 ‘‘(2) the Secretary or the Administrator, in con5 sultation with the National Capital Memorial Com6 mission, has made a determination that final design

7 approvals have been obtained from the National

8 Capital Planning Commission and the Commission

9 of Fine Arts and that 75 percent of the amount esti10 mated to be required to complete the memorial has

11 been raised. If these two conditions have been met,

12 the Secretary or the Administrator may extend the

13 7-year legislative authority for a period not to exceed

14 three years from the date of expiration. Upon expi15 ration of the legislative authority, any previous site

16 and design approvals will also expire.’’; and

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

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

19 coordination with the Commission of Fine Arts and the

20 National Capital Memorial Commission, shall complete its

21 master plan to guide the location and development of fu22 ture memorials outside the Reserve for the next 50 years,

23 including evaluation of and guidelines for potential sites.’’.
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1 SEC. 204. PREVIOUSLY APPROVED MEMORIALS.

2 Nothing in this title shall apply to a memorial whose

3 site was approved, in accordance with the Commemorative

4 Works Act of 1986 (Public Law 99–652; 40 U.S.C. 1001

5 et seq.), prior to the date of enactment of this title.

Passed the Senate July 10, 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 311

AN ACT

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

District of Columbia or its environs, and forother purposes.