Vietnam Veterans Memorial Visitor Center Act
PL 108-126 (H.R.1442), enacted 11/17/2003

117 STAT. 1348
PUBLIC LAW 108–126—NOV. 17, 2003
Public Law 108–126
108th Congress
An Act
To authorize the design and construction of a visitor center for the Vietnam Veterans
Memorial.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
TITLE I—VIETNAM VETERANS
MEMORIAL VISITOR CENTER
SEC. 101. VISITOR CENTER.
Public Law 96–297 (16 U.S.C. 431 note) is amended by adding
at the end the following:
‘‘SEC. 6. VISITOR CENTER.
‘‘(a) AUTHORIZATION.—
‘‘(1) IN GENERAL.—The Vietnam Veterans Memorial Fund,
Inc., is authorized to construct a visitor center at or near
the Vietnam Veterans Memorial on Federal land in the District
of Columbia, or its environs, subject to the provisions of this
section, in order to better inform and educate the public about
the Vietnam Veterans Memorial and the Vietnam War.
‘‘(2) LOCATION.—The visitor center shall be located under-
ground.
‘‘(3) CONSULTATION ON DESIGN PHASE.—The Vietnam Vet-
erans Memorial Fund, Inc., shall consult with educators, vet-
erans groups, and the National Park Service in developing
the proposed design of the visitor center.
‘‘(b) COMPLIANCE WITH STANDARDS APPLICABLE TO COMMEMO-
RATIVE WORKS.—Chapter 89 of title 40, United States Code, shall
apply, including provisions related to the siting, design, construc-
tion, and maintenance of the visitor center, and the visitor center
shall be considered a commemorative work for the purposes of
that Act, except that—
‘‘(1) final approval of the visitor center shall not be with-
held;
‘‘(2) the provisions of subsections (b) and (c) of section
8908 of title 40, United States Code, requiring further approval
by law for the location of a commemorative work within Area
I and prohibiting the siting of a visitor center within the
Reserve shall not apply;
‘‘(3) the size of the visitor center shall be limited to the
minimum necessary—
District of
Columbia.
Nov. 17, 2003
[H.R. 1442]
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117 STAT. 1349
PUBLIC LAW 108–126—NOV. 17, 2003
‘‘(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 sightlines on the Mall; and
‘‘(4) the visitor 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) IN GENERAL.—The Secretary of the Interior shall—
‘‘(A) operate and maintain the visitor center, except
that the Secretary shall enter into a written agreement
with the Vietnam Veterans Memorial Fund, Inc., for speci-
fied maintenance needs of the visitor center, as determined
by the Secretary; and
‘‘(B) as soon as practicable, in consultation with edu-
cators and veterans groups, develop a written interpretive
plan for the visitor center in accordance with National
Park Service policy.
‘‘(2) 
DONATION
FOR
PERPETUAL
MAINTENANCE
AND
PRESERVATION.—Paragraph (1)(A) does not waive the require-
ments of section 8906(b) of title 40, United States Code, with
respect to the visitor center.
‘‘(d) FUNDING.—The Vietnam Veterans Memorial Fund, Inc.,
shall be solely responsible for acceptance of contributions for, and
payment of expenses of, the establishment of the visitor center.
No Federal funds shall be used to pay any expense of the establish-
ment of the visitor center.’’.
TITLE II—COMMEMORATIVE WORKS
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Commemorative Works Clarifica-
tion and Revision Act of 2003’’.
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; and
(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 8908 of title 40, United States Code,
is amended by adding at the end the following:
‘‘(c) RESERVE.—After the date of enactment of the Commemora-
tive Works Clarification and Revision Act of 2003, no commemora-
tive work or visitor center shall be located within the Reserve.’’.
SEC. 203. CLARIFYING AND CONFORMING AMENDMENTS.
(a) PURPOSES.—Section 8901(2) of title 40, United States Code,
is amended by striking ‘‘Columbia;’’ and inserting ‘‘Columbia and
40 USC 8901
note.
40 USC 101 note.
Commemorative
Works
Clarification and
Revision Act of
2003.
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117 STAT. 1350
PUBLIC LAW 108–126—NOV. 17, 2003
its environs, and to encourage the location of commemorative works
within the urban fabric of the District of Columbia;’’.
(b) DEFINITIONS.—Section 8902 of title 40, United States Code,
is amended by striking subsection (a) and inserting the following:
‘‘(a) DEFINITIONS.—In this chapter:
‘‘(1) COMMEMORATIVE
WORK.—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 pri-
marily used for other purposes.
‘‘(2) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—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 ‘Commemo-
rative Areas Washington, DC and Environs’, numbered 869/
86501 B, and dated June 24, 2003.
‘‘(3) RESERVE.—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 ref-
erenced in paragraph (2).
‘‘(4) SPONSOR.—The term ‘sponsor’ means a public agency,
or 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.’’.
(c) AUTHORIZATION.—Section 8903 of title 40, United States
Code, is amended—
(1) in subsection (b)—
(A) by striking ‘‘work commemorating a lesser conflict’’
and inserting ‘‘work solely commemorating a limited mili-
tary engagement’’; and
(B) by striking ‘‘the event’’ and inserting ‘‘such war
or conflict’’;
(2) in subsection (d)—
(A) by striking ‘‘CONSULTATION WITH NATIONAL CAP-
ITAL MEMORIAL COMMISSION.—’’ and inserting ‘‘CONSULTA-
TION
WITH
NATIONAL
CAPITAL
MEMORIAL
ADVISORY
COMMISSION.—’’;
(B) by striking ‘‘House Administration’’ and inserting
‘‘Resources’’; and
(C) by inserting ‘‘Advisory’’ before ‘‘Commission’’; and
(3) by striking subsection (e) and inserting the following:
‘‘(e) EXPIRATION OF LEGISLATIVE AUTHORITY.—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—
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117 STAT. 1351
PUBLIC LAW 108–126—NOV. 17, 2003
‘‘(1) the Secretary of the Interior or the Administrator
of General Services (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 commemorative work has been raised.
If these two conditions have been met, the Secretary or the Adminis-
trator (as appropriate) may extend the seven-year legislative
authority for a period not to exceed three additional years. Upon
expiration of the legislative authority, any previous site and design
approvals shall also expire.’’.
(d) NATIONAL CAPITAL MEMORIAL ADVISORY COMMISSION.—Sec-
tion 8904 of title 40, United States Code, is amended—
(1) in the heading, by inserting ‘‘Advisory’’ before
‘‘Commission’’;
(2) in subsection (a), by striking ‘‘There is a National’’
and all that follows through ‘‘consists of’’ and inserting the
following: ‘‘There is established the National Capital Memorial
Advisory Commission, which shall be composed of’’;
(3) in subsection (c)—
(A) by inserting ‘‘Advisory’’ before ‘‘Commission shall’’;
and
(B) by striking ‘‘Services’’ and inserting ‘‘Services (as
appropriate)’’; and
(4) in subsection (d) by inserting ‘‘Advisory’’ before
‘‘Commission’’.
(e) SITE
AND DESIGN APPROVAL.—Section 8905 of title 40,
United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘person’’ each place it appears and
inserting ‘‘sponsor’’; and
(B) in paragraph (1)—
(i) by inserting ‘‘Advisory’’ before ‘‘Commission’’;
and
(ii) by striking ‘‘designs’’ and inserting ‘‘design con-
cepts’’; and
(2) in subsection (b)—
(A) by striking ‘‘Secretary, and Administrator’’ and
inserting ‘‘and the Secretary or Administrator (as appro-
priate)’’; and
(B) in paragraph (2)(B), by striking, ‘‘open space and
existing public use.’’ and inserting ‘‘open space, existing
public use, and cultural and natural resources.’’.
(f) CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT.—Section
8906 of title 40, United States Code, is amended—
(1) in subsection (a)(3) and (a)(4) by striking ‘‘person’’ and
inserting ‘‘sponsor’’; and
(2) by striking subsection (b) and inserting the following:
‘‘(b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVA-
TION.—
‘‘(1) In addition to the criteria described above in subsection
(a), no construction permit shall be issued unless the sponsor
Government
organization.
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117 STAT. 1352
PUBLIC LAW 108–126—NOV. 17, 2003
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 con-
structed 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 the
Commemorative Works Clarification and Revision Act of 2003
provided by a sponsor for maintenance pursuant to this sub-
section 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 Commemo-
rative Works Clarification and Revision Act of 2003 shall be
credited to a separate account with the National Park Founda-
tion.
‘‘(4) Upon request of the Secretary or Administrator (as
appropriate), 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 cir-
cumstances 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 para-
graph shall be available without further appropriation and
shall remain available until expended.’’.
(g) AREAS I AND II.—Section 8908(a) of title 40, United States
Code, is amended—
(1) by striking ‘‘Secretary of the Interior and Administrator
of General Services’’ and inserting ‘‘Secretary of the Interior
or the Administrator of General Services (as appropriate)’’;
and
(2) by striking ‘‘numbered 869/86581, and dated May 1,
1986’’ and inserting ‘‘entitled ‘Commemorative Areas Wash-
ington, DC and Environs’, numbered 869/86501 B, and dated
June 24, 2003’’.
SEC. 204. SITE AND DESIGN CRITERIA.
Section 8905(b) of title 40, United States Code (as amended
by section 203(e)), is amended by adding at the end the following:
‘‘(5) 
MUSEUMS.—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 8902(2).
‘‘(6) SITE-SPECIFIC GUIDELINES.—The National Capital Plan-
ning 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 chapter.
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117 STAT. 1353
PUBLIC LAW 108–126—NOV. 17, 2003
LEGISLATIVE HISTORY—H.R. 1442:
HOUSE REPORTS: No. 108–295 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 149 (2003):
Oct. 15, considered and passed House.
Nov. 5, considered and passed Senate, amended.
Nov. 6, House concurred in Senate amendment.
‘‘(7) 
DONOR
CONTRIBUTIONS.—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.
Except for the provision in the amendment made by section
202(b) prohibiting a visitor center from being located in the Reserve
(as defined in section 8902 of title 40, United States Code), nothing
in this title shall apply to a commemorative work for which a
site was approved in accordance with chapter 89 of title 40, United
States Code, prior to the date of enactment of this title.
SEC. 206. NATIONAL PARK SERVICE REPORTS.
Within 6 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, as soon as practicable after the date of
enactment of this Act, the National Park Service’s stable and
maintenance facilities that are within the Reserve (as defined
in section 8902 of title 40, United States Code).
(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 merchan-
dise to those areas where such activities are less intrusive
upon the Reserve, and to relocate any existing sale or distribu-
tion structures that would otherwise be inconsistent with the
plan.
(4) To make other appropriate changes, if any, to protect
the character of the Reserve.
Approved November 17, 2003.
Deadline.
40 USC 8901
note.
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