Union Calendar No. 224

103D CONGRESS

1ST SESSION H. R. 2947

[Report No. 103–400]

A BILL

To extend for an additional two years the authorFoundation to establish a memorial. ization of the Black Revolutionary War Patriots

NOVEMBER 20, 1993

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 224

103D CONGRESS

1ST SESSION H. R. 2947

[Report No. 103–400]

To extend for an additional two years the authorization of the Black

Revolutionary War Patriots Foundation to establish a memorial.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 6, 1993

Mrs. JOHNSON of Connecticut (for herself, Mr. WOLF, Mr. MFUME, Mr.

LEWIS of Georgia, Mr. OWENS, Mr. LIPINSKI, Mr. HYDE, Ms. BROWN

of Florida, Mr. STOKES, Mr. WATT, Mr. DORNAN, Mr. CARR of Michigan, Mr. FOGLIETTA, Mr. WASHINGTON, Mr. GORDON, Mr. FRANKS of

Connecticut, Ms. MCKINNEY, Mrs. MORELLA, Ms. SLAUGHTER, Mr.

DURBIN, Mr. DIAZ-BALART, Mr. MANTON, Mr. TUCKER, Mr. LAZIO, Mr.

WALSH, Mr. JOHNSON of South Dakota, Mr. PALLONE, Mr. JACOBS, Mr.

KLEIN, Mr. STARK, Ms. NORTON, Mr. CLYBURN, Mr. KLECZKA, and Mr.

CONYERS) introduced the following bill; which was referred to the Committee on Natural Resources

NOVEMBER 20, 1993

Additional sponsors: Mr. FILNER, Mr. WHEAT, Mr. BONIOR, Mr. TOWNS, Mr.

SARPALIUS, Mr. VALENTINE, Mr. BISHOP, Mr. KILDEE, Mr. SCOTT, Mr.

RANGEL, Mr. DELLUMS, Mr. FROST, Mr. GENE GREEN of Texas, Mr.

SANDERS, Mr. WAXMAN, Mr. JOHNSTON of Florida, Mr. PARKER, Ms.

FURSE, Mrs. KENNELLY, Mr. FRANK of Massachusetts, Mr. KYL, Mr.

DIXON, Mr. SAWYER, Mr. HUTTO, Mr. HILLIARD, Mrs. MEEK, Mr.

HOCHBRUECKNER, and Mr. SHAYS

NOVEMBER 20, 1993

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]
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A BILL

To extend for an additional two years the authorization

of the Black Revolutionary War Patriots Foundation to

establish a memorial.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That, notwithstanding section 10(b) of Public Law 99–

4 652, the legislative authority for the Black Revolutionary

5 War Patriots Foundation to establish a commemorative

6 work (as defined by such Public Law) shall expire at the

7 end of the nine-year period beginning on the date of enact8 ment of such authority.

9 SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR

10 MEMORIAL ESTABLISHMENT.

11 (a) IN GENERAL.—The legislative authority for each

12 of the following groups to establish a commemorative work

13 (as defined by Public Law 99–652, as amended) shall expire

14 at the end of the 10-year period beginning on the date of

15 enactment of such authority for the respective commemora16 tive work, notwithstanding the time period limitation speci17 fied in section 10(b) of that Public Law:

18 (1) The Black Revolutionary War Patriots Foun19 dation.

20 (2) The Women in Military Service for America

21 Memorial Foundation.
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1 (3) The National Peace Garden.

2 (b) NAME CHANGE.—(1) The Congress finds that the

3 Peace Garden Project, Incorporated, has changed its name

4 to the National Peace Garden.

5 (2) Any reference in a law, map, regulation, document,

6 paper, or other record of the United States to the entity

7 referred to in paragraph (1) shall be deemed to be a ref8 erence to the National Peace Garden.

9 SEC. 2. COMMEMORATIVE WORKS ACT AMENDMENTS.

10 (a) DEFINITIONS.—(1) Section 2(c) of the Act entitled

11 ‘‘An Act to provide standards for placement of commemora12 tive works on certain Federal lands in the District of Co13 lumbia and its environs, and for other purposes’’ (40 U.S.C.

14 1002(c)) is amended—

15 (A) by inserting ‘‘plaque, inscription,’’ after

16 ‘‘memorial,’’;

17 (B) by striking out ‘‘a person’’ and inserting in

18 lieu thereof ‘‘an individual’’; and

19 (C) by inserting ‘‘American’’ before ‘‘history’’.

20 (2) Section 2(d) of such Act (40 U.S.C. 1002(d)) is

21 amended by striking ‘‘an individual, group or organiza22 tion’’ and inserting ‘‘a public agency, and an individual,

23 group or organization that is described in section 501(c)(3)

24 of the Internal Revenue Code of 1986 and exempt from tax

25 under section 501(a) of such Code, and which is’’.
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1 (b) AUTHORIZATION.—Section 3 of such Act (40

2 U.S.C. 1003) is amended as follows:

3 (1) In subsection (a), by inserting ‘‘on Federal

4 lands referred to in section 1(d)’’ after ‘‘established’’.

5 (2) By redesignating subsection (b) as subsection

6 (d) and inserting after subsection (a) the following

7 new subsections:

8 ‘‘(b) A military commemorative work may be author9 ized only to commemorate a war or similar major military

10 conflict or to commemorate any branch of the Armed Forces.

11 No commemorative work commemorating a lesser conflict

12 or a unit of an Armed Force shall be authorized. Commemo13 rative works to a war or similar major military conflict

14 shall not be authorized until at least 10 years after the offi15 cially designated end of the event.

16 ‘‘(c) A commemorative work commemorating an event,

17 individual, or group of individuals, other than a military

18 commemorative work as described in subsection (b) of this

19 section, shall not be authorized until after the 25th anniver20 sary of the event, death of the individual, or death of the

21 last surviving member of the group.’’.

22 (c) SPECIFIC CONDITIONS APPLICABLE TO AREAS I

23 AND II.—Section 6 of such Act (40 U.S.C. 1006) is amended

24 to read as follows:
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1 ‘‘SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA

2 II

3 ‘‘SEC. 6. (a) AREA I.—The Secretary or Administrator

4 (as appropriate) may, after seeking the advice of the Na5 tional Capital Memorial Commission, recommend the loca6 tion of a commemorative work in Area I only if the Sec7 retary or Administrator (as appropriate) determines that

8 the subject of the commemorative work is of preeminent his9 torical and lasting significance to the Nation. The Secretary

10 or Administrator (as appropriate) shall notify the National

11 Capital Memorial Commission and the committees of Con12 gress specified in section 3(b) of the recommendation by the

13 Secretary or Administrator (as appropriate) that a com14 memorative work should be located in Area I. The location

15 of a commemorative work in Area I shall be deemed not

16 authorized, unless, not later than 150 calendar days after

17 such notification, the recommendation is approved by law.

18 ‘‘(b) AREA II.—Commemorative works of subjects of

19 lasting historical significance to the American people may

20 be located in Area II.’’.

21 (d) SITE AND DESIGN APPROVAL.—Section 7 of such

22 Act (40 U.S.C. 1007) is amended—

23 (1) in the matter preceding paragraph (1) of

24 subsection (a), by striking out ‘‘commencing construc25 tion of the commemorative work’’ and inserting in
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1 lieu thereof ‘‘requesting the permit for the construc2 tion of the commemorative work’’;

3 (2) in paragraph (1) of subsection (a)—

4 (A) by inserting ‘‘the selection of alternative

5 sites and designs for’’ after ‘‘regarding’’; and

6 (B) by striking out the second sentence;

7 (3) in paragraph (2) of subsection (a), by strik8 ing out ‘‘and the Secretary or Administrator (as ap9 propriate)’’; and

10 (4) in the matter preceding paragraph (1) of

11 subsection (b), by inserting ‘‘(but not limited by)’’

12 after ‘‘guided by’’.

13 (e) CRITERIA FOR ISSUANCE OF CONSTRUCTION PER14 MIT.—(1) Section 8(a)(3) of such Act (40 U.S.C.

15 1008(a)(3)) is amended by striking out ‘‘contracts for con16 struction and drawings’’ and inserting in lieu thereof ‘‘con17 tract documents for construction’’.

18 (2) Section 8 of such Act (40 U.S.C. 1008) is amended

19 by adding at the end the following:

20 ‘‘(c)(1) The Secretary or the Administrator may sus21 pend any activity under the authority of this Act with re22 spect to the establishment of a commemorative work if the

23 Secretary or Administrator determines that—

24 ‘‘(A) fundraising efforts with respect to the com25 memorative work have misrepresented an affiliation
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1 with the commemorative work or the United States;

2 or

3 ‘‘(B) the percentage of funds raised that is dis4 bursed for administrative expenses and fundraising

5 fees is unreasonable or excessive or otherwise violates

6 fund raising standards established by the Secretary or

7 Administrator.

8 ‘‘(2) The person shall be required to submit to the Sec9 retary or Administrator an annual report of operations

10 prepared by an independent certified public accountant,

11 paid for by the person authorized to construct the com12 memorative work.

13 ‘‘(3) The person authorized to construct a commemora14 tive work shall require in all fundraising contracts that the

15 fundraiser make its books and records with respect to the

16 commemorative work fully available to the Secretary or Ad17 ministrator and the Comptroller General of the United

18 States for a period of not less than five years after the estab19 lishment of the commemorative work.’’.

20 (f) TEMPORARY SITE DESIGNATION.—Section 9(a) of

21 such Act (40 U.S.C. 1009(a)) is amended by striking out

22 ‘‘he may designate such a site on lands administered by

23 him’’ and inserting in lieu thereof ‘‘a site may be designated

24 on lands administered by the Secretary’’.
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1 (g) MISCELLANEOUS PROVISIONS.—(1) Section 10(d)

2 of such Act (40 U.S.C. 1010(d)) is amended to read as fol3 lows:

4 ‘‘(d) The Secretary and the Administrator shall de5 velop appropriate regulations or standards to carry out this

6 Act.’’.

7 (2) Section 10(e) of such Act (40 U.S.C. 1010(e)) is

8 amended to read as follows:

9 ‘‘(e) This Act shall apply to all commemorative works

10 authorized by Congress before, on, or after the date of enact11 ment of this subsection.’’.

12 (h) SHORT TITLE.—Such Act is amended by adding

13 at the end the following new section:

14 ‘‘SHORT TITLE

15 ‘‘SEC. 11. This Act may be cited as the ‘Commemora16 tive Works Act’.’’.

Amend the title so as to read: ‘‘A bill to amend the

Commemorative Works Act, and for other purposes.’’.