I 
109TH CONGRESS 
2D SESSION 
H. R. 5492 
To amend the Constitution Heritage Act of 1988 to provide for the operation 
of the National Constitution Center. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2006 
Mr. BRADY of Pennsylvania introduced the following bill; which was referred 
to the Committee on Resources 
A BILL 
To amend the Constitution Heritage Act of 1988 to provide 
for the operation of the National Constitution Center. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Constitution 
Center Operations Act’’. 
SEC. 2. NAME CLARIFICATION. 
Section 3(a) of the Constitution Heritage Act of 1988 
(16 U.S.C. 407bb(a)) is amended by striking ‘‘(hereafter 
in this Act referred to as the ‘Center’)’’ and inserting 
‘‘(hereafter in this Act referred to as the ‘NCC’)’’. 
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SEC. 3. OPERATION OF THE NATIONAL CONSTITUTION CEN-
TER. 
Section 4 of the Constitution Heritage Act of 1988 
(16 U.S.C. 407cc) is amended by adding at the end the 
following: 
‘‘(c) OPERATION OF THE NCC.— 
‘‘(1) IN
GENERAL.—A cooperative agreement 
entered into under subsection (b) shall— 
‘‘(A) authorize the NCC to— 
‘‘(i) operate the NCC; 
‘‘(ii) provide to visitors to the NCC 
any activities and services relating to and 
consistent with any functions of the NCC 
under section 3(b); 
‘‘(iii) carry out activities that are ap-
propriate for the operation of the NCC, in-
cluding charging fees, conducting events, 
and selling and marketing merchandise, 
tickets for activities of the NCC, and food 
to visitors to the NCC; and 
‘‘(iv) negotiate and enter into any 
agreements, leases, contracts, or other ar-
rangements with any person, firm, associa-
tion, organization, corporation, or govern-
mental entity (including the Federal Gov-
ernment and any State and local govern-
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ments) that are appropriate for carrying 
out activities at the NCC or that are nor-
mally associated with the operation of a fa-
cility like the NCC, including an agree-
ment, contract, or other arrangement for 
janitorial service, building maintenance, 
food service, information technology main-
tenance, or the operation of a museum 
store; 
‘‘(B) provide that any revenues from facili-
ties and services of the NCC shall be made 
available to the NCC, without further appro-
priation, to offset the expenses of operating the 
NCC; 
‘‘(C) authorize the NCC to occupy the site 
and any structures provided under subsection 
(a)— 
‘‘(i) for a term specified in the cooper-
ative agreement not to exceed 30 years; 
and 
‘‘(ii) in accordance with any terms 
and conditions of the cooperative agree-
ment; 
‘‘(D)(i) provide that the NCC shall main-
tain, during the term of the cooperative agree-
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ment and at the expense of the NCC, insurance 
on the NCC covering such risks, in such 
amounts, and including such terms and condi-
tions as the Secretary determines to be appro-
priate; and 
‘‘(ii) provide that any repairs or recon-
struction carried out using payments made to 
the NCC under an insurance policy maintained 
under clause (i) shall be subject to the approval 
of the Secretary; 
‘‘(E) provide that the NCC shall maintain 
the status as an organization described in sec-
tion 501(c)(3) of the Internal Revenue Code of 
1986 that is exempt from taxation under sec-
tion 501(a) of the Code; 
‘‘(F) provide that the NCC shall make 
available to the Secretary and the Comptroller 
General of the United States all books, docu-
ments, papers, and records of the NCC that are 
necessary for an audit; 
‘‘(G) provide that the NCC shall submit to 
the Secretary or Congress an annual report 
that— 
‘‘(i) describes the activities of the 
NCC during the preceding fiscal year; 
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‘‘(ii) compares the goals and objec-
tives of the NCC to the actual accomplish-
ments of the NCC during the preceding 
fiscal year; and 
‘‘(iii) includes a plan for the NCC for 
the subsequent fiscal year; and 
‘‘(H) include any other terms and condi-
tions that the Secretary determines to be appro-
priate. 
‘‘(2) TERMINATION OF AGREEMENT.—The Sec-
retary may terminate the cooperative agreement en-
tered into under paragraph (1) if the Secretary de-
termines that termination is in the best interest of 
the public. 
‘‘(3) EFFECT ON EXISTING AGREEMENT.—The 
agreement between the National Park Service and 
the NCC numbered CA–4450–99–9018 shall remain 
in effect until the date on which— 
‘‘(A) the agreement is terminated in ac-
cordance with the terms of the agreement; or 
‘‘(B) a cooperative agreement is entered 
into under paragraph (1). 
‘‘(4) ADMINISTRATION OF INDEPENDENCE NA-
TIONAL
HISTORICAL
PARK.—Nothing in this sub-
section affects the authority of the Secretary to 
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enter into a contract or other agreement with any 
organization or entity that provides for the adminis-
tration of Independence National Historical Park so 
long as the agreement does not conflict with the co-
operative agreement entered into under paragraph 
(1). 
‘‘(5) EXEMPTION FROM APPLICABLE LAW.—An 
agreement, lease, contract, or other arrangement en-
tered into under paragraph (1) shall not be subject 
to section 3(k) of Public Law 91–383 (16 U.S.C. 
1a–2(k)), section 321 of the Act of June 30, 1939 
(40 U.S.C. 303(b)), or section 403 of the National 
Parks Omnibus Management Act of 1998 (16 
U.S.C. 5952).’’. 
SEC. 4. CONFORMING AMENDMENTS. 
(a) Section 3 of the Constitution Heritage Act of 
1988 (16 U.S.C. 407bb) is amended— 
(1) in the second sentence of subsection (a), by 
striking ‘‘Center’’ and inserting ‘‘NCC’’; and 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘CENTER’’ and inserting ‘‘NCC’’; 
(B) in the matter before paragraph (1), by 
striking ‘‘Center’’ and inserting ‘‘NCC’’; and 
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