IIA

103D CONGRESS

1ST SESSION H. R. 2947

IN THE SENATE OF THE UNITED STATES

NOVEMBER 23, 1993

Received

NOVEMBER 23, 1993

Read twice and referred to the Committee on Energy and Natural Resources

AN ACT

To amend the Commemorative Works Act, 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,

3 SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR

4 MEMORIAL ESTABLISHMENT.

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

6 of the following groups to establish a commemorative work

7 (as defined by Public Law 99–652, as amended) shall ex8 pire at the end of the 10-year period beginning on the

9 date of enactment of such authority for the respective

10 commemorative work, notwithstanding the time period

11 limitation specified in section 10(b) of that Public Law:
2

•HR 2947 RFS

1 (1) The Black Revolutionary War Patriots

2 Foundation.

3 (2) The Women in Military Service for America

4 Memorial Foundation.

5 (3) The National Peace Garden.

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

7 Peace Garden Project, Incorporated, has changed its name

8 to the National Peace Garden.

9 (2) Any reference in a law, map, regulation, docu10 ment, paper, or other record of the United States to the

11 entity referred to in paragraph (1) shall be deemed to be

12 a reference to the National Peace Garden.

13 SEC. 2. COMMEMORATIVE WORKS ACT AMENDMENTS.

14 (a) DEFINITIONS.—(1) Section 2(c) of the Act enti15 tled ‘‘An Act to provide standards for placement of com16 memorative works on certain Federal lands in the District

17 of Columbia and its environs, and for other purposes’’ (40

18 U.S.C. 1002(c)) is amended—

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

20 ‘‘memorial,’’;

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

22 lieu thereof ‘‘an individual’’; and

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

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

25 amended by striking ‘‘an individual, group or organiza-
3

•HR 2947 RFS

1 tion’’ and inserting ‘‘a public agency, and an individual,

2 group or organization that is described in section

3 501(c)(3) of the Internal Revenue Code of 1986 and ex4 empt from tax under section 501(a) of such Code, and

5 which is’’.

6 (b) AUTHORIZATION.—Section 3 of such Act (40

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

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

9 lands referred to in section 1(d)’’ after ‘‘estab10 lished’’.

11 (2) By redesignating subsection (b) as sub12 section (d) and inserting after subsection (a) the fol13 lowing new subsections:

14 ‘‘(b) A military commemorative work may be author15 ized only to commemorate a war or similar major military

16 conflict or to commemorate any branch of the Armed

17 Forces. No commemorative work commemorating a lesser

18 conflict or a unit of an Armed Force shall be authorized.

19 Commemorative works to a war or similar major military

20 conflict shall not be authorized until at least 10 years after

21 the officially designated end of the event.

22 ‘‘(c) A commemorative work commemorating an

23 event, individual, or group of individuals, other than a

24 military commemorative work as described in subsection

25 (b) of this section, shall not be authorized until after the
4

•HR 2947 RFS

1 25th anniversary of the event, death of the individual, or

2 death of the last surviving member of the group.’’.

3 (c) SPECIFIC CONDITIONS APPLICABLE TO AREAS I

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

5 amended to read as follows:

6 ‘‘SPECIFIC CONDITIONS APPLICABLE TO AREA I AND

7 AREA II

8 ‘‘SEC. 6. (a) AREA I.—The Secretary or Adminis9 trator (as appropriate) may, after seeking the advice of

10 the National Capital Memorial Commission, recommend

11 the location of a commemorative work in Area I only if

12 the Secretary or Administrator (as appropriate) deter13 mines that the subject of the commemorative work is of

14 preeminent historical and lasting significance to the Na15 tion. The Secretary or Administrator (as appropriate)

16 shall notify the National Capital Memorial Commission

17 and the committees of Congress specified in section 3(b)

18 of the recommendation by the Secretary or Administrator

19 (as appropriate) that a commemorative work should be lo20 cated in Area I. The location of a commemorative work

21 in Area I shall be deemed not authorized, unless, not later

22 than 150 calendar days after such notification, the rec23 ommendation is approved by law.

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

25 lasting historical significance to the American people may

26 be located in Area II.’’.
5

•HR 2947 RFS

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

2 Act (40 U.S.C. 1007) is amended—

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

4 subsection (a), by striking out ‘‘commencing con5 struction of the commemorative work’’ and inserting

6 in lieu thereof ‘‘requesting the permit for the con7 struction of the commemorative work’’;

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

9 (A) by inserting ‘‘the selection of alter10 native sites and designs for’’ after ‘‘regarding’’;

11 and

12 (B) by striking out the second sentence;

13 (3) in paragraph (2) of subsection (a), by strik14 ing out ‘‘and the Secretary or Administrator (as ap15 propriate)’’; and

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

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

18 after ‘‘guided by’’.

19 (e) CRITERIA FOR ISSUANCE OF CONSTRUCTION

20 PERMIT.—(1) Section 8(a)(3) of such Act (40 U.S.C.

21 1008(a)(3)) is amended by striking out ‘‘contracts for con22 struction and drawings’’ and inserting in lieu thereof

23 ‘‘contract documents for construction’’.

24 (2) Section 8 of such Act (40 U.S.C. 1008) is amend25 ed by adding at the end the following:
6

•HR 2947 RFS

1 ‘‘(c)(1) The Secretary or the Administrator may sus2 pend any activity under the authority of this Act with re3 spect to the establishment of a commemorative work if the

4 Secretary or Administrator determines that—

5 ‘‘(A) fundraising efforts with respect to the

6 commemorative work have misrepresented an affili7 ation with the commemorative work or the United

8 States; or

9 ‘‘(B) the percentage of funds raised that is dis10 bursed for administrative expenses and fundraising

11 fees is unreasonable or excessive or otherwise vio12 lates fund raising standards established by the Sec13 retary or Administrator.

14 ‘‘(2) The person shall be required to submit to the

15 Secretary or Administrator an annual report of operations

16 prepared by an independent certified public accountant,

17 paid for by the person authorized to construct the com18 memorative work.

19 ‘‘(3) The person authorized to construct a commemo20 rative work shall require in all fundraising contracts that

21 the fundraiser make its books and records with respect

22 to the commemorative work fully available to the Secretary

23 or Administrator and the Comptroller General of the Unit24 ed States for a period of not less than five years after

25 the establishment of the commemorative work.’’.
7

•HR 2947 RFS

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

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

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

4 him’’ and inserting in lieu thereof ‘‘a site may be des5 ignated on lands administered by the Secretary’’.

6 (g) MISCELLANEOUS PROVISIONS.—(1) Section

7 10(d) of such Act (40 U.S.C. 1010(d)) is amended to read

8 as follows:

9 ‘‘(d) The Secretary and the Administrator shall de10 velop appropriate regulations or standards to carry out

11 this Act.’’.

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

13 is amended to read as follows:

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

15 authorized by Congress before, on, or after the date of

16 enactment of this subsection.’’.

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

18 at the end the following new section:

19 ‘‘SHORT TITLE

20 ‘‘SEC. 11. This Act may be cited as the ‘Commemora21 tive Works Act’.’’.

Passed the House of Representatives November 23

(legislative day, November 22), 1993.

Attest: DONNALD K. ANDERSON,

Clerk.