[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1442 Enrolled Bill (ENR)]
H.R.1442
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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,

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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
underground.
``(3) Consultation on design phase.--The Vietnam Veterans
Memorial Fund, Inc., shall consult with educators, veterans groups,
and the National Park Service in developing the proposed design of
the visitor center.
``(b) Compliance With Standards Applicable to Commemorative
Works.--Chapter 89 of title 40, United States Code, shall apply,
including provisions related to the siting, design, construction, 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
withheld;
``(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--
``(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 specified maintenance
needs of the visitor center, as determined by the Secretary;
and
``(B) as soon as practicable, in consultation with
educators 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 requirements 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 establishment of the visitor
center.''.

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TITLE I

-VIETNAM VETERANS MEMORIAL VISITOR CENTER

This title may be cited as the ``Commemorative Works Clarification
and Revision Act of 2003''.

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TITLE II

-COMMEMORATIVE WORKS

(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 Commemorative
Works Clarification and Revision Act of 2003, no commemorative work or
visitor center shall be located within the Reserve.''.

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(a) Purposes.--Section 8901(2) of title 40, United States Code, 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) 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 primarily 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 `Commemorative 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 referenced 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 military
engagement''; and
(B) by striking ``the event'' and inserting ``such war or
conflict'';
(2) in subsection (d)--
(A) by striking ``Consultation with National Capital
Memorial Commission.--'' and inserting ``Consultation 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--
``(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
Administrator (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.--Section 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
concepts''; and
(2) in subsection (b)--
(A) by striking ``Secretary, and Administrator'' and
inserting ``and the Secretary or Administrator (as
appropriate)''; 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 Preservation.--
``(1) In addition to the criteria described above in subsection
(a), 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 the
Commemorative Works Clarification and Revision Act of 2003 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 2003 shall be credited to a
separate account with the National Park Foundation.
``(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 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.''.
(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 Washington, DC and
Environs', numbered 869/86501 B, and dated June 24, 2003''.

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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 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 chapter.
``(7) Donor contributions.--Donor contributions to
commemorative works shall not be acknowledged in any manner as part
of the commemorative work or its site.''.

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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.

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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 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.
(4) To make other appropriate changes, if any, to protect the
character of the Reserve.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

c82e751f02d43f82d034ae8e381f484730b01bd015ce27561a46fa1f258708c5

Vietnam Veterans Memorial Visitor Center Act

Other Sections

TITLE I

TITLE II

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