Calendar No. 401

103D CONGRESS

2D SESSION H. R. 2947

[Report No. 103–247]

AN ACT

To amend the Commemorative Works Act, and for

other purposes.

APRIL 5, 1994

Reported under authority of the order of the Senate of

amendmentsMarch 22 (legislative day, February 22), 1994, with
II

Calendar No. 401

103D CONGRESS

2D SESSION H. R. 2947

[Report No. 103–247]

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

APRIL 5, 1994

Reported under authority of the order of the Senate of March 22 (legislative

day, February 22), 1994, by Mr. JOHNSTON, with amendments

[Omit the part struck through and insert the part printed in italic]

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
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1 (as defined by Public Law 99–652, as amended) shall ex2 pire at the end of the 10-year period beginning on the

3 date of enactment of such authority for the respective

4 commemorative work, notwithstanding the time period

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

6 (1) The Black Revolutionary War Patriots

7 Foundation.

8 (2) The Women in Military Service for America

9 Memorial Foundation.

10 (3) The National Peace Garden.

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

12 Peace Garden Project, Incorporated, has changed its name

13 to the National Peace Garden.

14 (2) Any reference in a law, map, regulation, docu15 ment, paper, or other record of the United States to the

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

17 a reference to the National Peace Garden.

18 SEC. 2. COMMEMORATIVE WORKS ACT AMENDMENTS.

19 (a) DEFINITIONS.—(1) Section 2(c) of the Act enti20 tled ‘‘An Act to provide standards for placement of com21 memorative works on certain Federal lands in the District

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

23 U.S.C. 1002(c)) is amended—

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

25 ‘‘memorial,’’;
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1 (B) by striking out ‘‘a person’’ and inserting in

2 lieu thereof ‘‘an individual’’; and

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

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

5 amended by striking ‘‘an individual, group or organiza6 tion’’ and inserting ‘‘a public agency, and an individual,

7 group or organization that is described in section

8 501(c)(3) of the Internal Revenue Code of 1986 and ex9 empt from tax under section 501(a) of such Code, and

10 which is’’.

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

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

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

14 lands referred to in section 1(d)’’ after ‘‘estab15 lished’’.

16 (2) By redesignating subsection (b) as sub17 section (d) and inserting after subsection (a) the fol18 lowing new subsections:

19 ‘‘(b) A military commemorative work may be author20 ized only to commemorate a war or similar major military

21 conflict or to commemorate any branch of the Armed

22 Forces. No commemorative work commemorating a lesser

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

24 Commemorative works to a war or similar major military
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1 conflict shall not be authorized until at least 10 years after

2 the officially designated end of the event.

3 ‘‘(c) A commemorative work commemorating an

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

5 military commemorative work as described in subsection

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

7 25th anniversary of the event, death of the individual, or

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

9 (c) SPECIFIC CONDITIONS APPLICABLE TO AREAS I

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

11 amended to read as follows:

12 ‘‘SPECIFIC CONDITIONS APPLICABLE TO AREA I AND

13 AREA II

14 ‘‘SEC. 6. (a) AREA I.—The Secretary or Adminis15 trator (as appropriate) may, after seeking the advice of

16 the National Capital Memorial Commission, recommend

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

18 the Secretary or Administrator (as appropriate) deter19 mines that the subject of the commemorative work is of

20 preeminent historical and lasting significance to the Na21 tion. The Secretary or Administrator (as appropriate)

22 shall notify the National Capital Memorial Commission

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

24 of the recommendation by the Secretary or Administrator

25 (as appropriate) that a commemorative work should be lo26 cated in Area I. The location of a commemorative work
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1 in Area I shall be deemed not authorized, unless, not later

2 than 150 calendar days after such notification, the rec3 ommendation is approved by law.

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

5 lasting historical significance to the American people may

6 be located in Area II.’’.

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

8 Act (40 U.S.C. 1007) is amended—

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

10 subsection (a), by striking out ‘‘commencing con11 struction of the commemorative work’’ and inserting

12 in lieu thereof ‘‘requesting the permit for the con13 struction of the commemorative work’’;

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

15 (A) by inserting ‘‘the selection of alter16 native sites and designs for’’ after ‘‘regarding’’;

17 and

18 (B) by striking out the second sentence;

19 (3) in paragraph (2) of subsection (a), by strik20 ing out ‘‘and the Secretary or Administrator (as ap21 propriate)’’; and

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

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

24 after ‘‘guided by’’.
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1 (e) CRITERIA FOR ISSUANCE OF CONSTRUCTION

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

3 1008(a)(3)) is amended by striking out ‘‘contracts for con4 struction and drawings’’ and inserting in lieu thereof

5 ‘‘contract documents for construction’’.

6 (2) Section 8 of such Act (40 U.S.C. 1008) is amend7 ed by adding at the end the following:

8 ‘‘(c)(1) The Secretary or the Administrator (as ap9 propriate) may suspend any activity under the authority

10 of this Act with respect to the establishment of a com11 memorative work if the Secretary or Administrator deter12 mines the fundraising efforts with respect to the commemo13 rative work have misrepresented an affiliation with the

14 commemorative work or the United States.

15 Secretary or Administrator determines that—

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

17 commemorative work have misrepresented an affili18 ation with the commemorative work or the United

19 States; or

20 ‘‘(B) the percentage of funds raised that is dis21 bursed for administrative expenses and fundraising

22 fees is unreasonable or excessive or otherwise vio23 lates fund raising standards established by the Sec24 retary or Administrator.
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1 ‘‘(2) The person shall be required to submit to the

2 Secretary or Administrator an annual report of operations

3 prepared operations, including financial statements au4 dited by an independent certified public accountant, paid

5 for by the person authorized to construct the commemora6 tive work.

7 ‘‘(3) The person authorized to construct a commemo8 rative work shall require in all fundraising contracts that

9 the fundraiser make its books and records with respect

10 to the commemorative work fully available to the Secretary

11 or Administrator and the Comptroller General of the Unit12 ed States for a period of not less than five years after

13 the establishment of the commemorative work.’’.

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

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

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

17 him’’ and inserting in lieu thereof ‘‘a site may be des18 ignated on lands administered by the Secretary’’.

19 (g) MISCELLANEOUS PROVISIONS.—(1) Section Sec20 tion 10(d) of such Act (40 U.S.C. 1010(d)) is amended

21 to read as follows:

22 ‘‘(d) The Secretary and the Administrator shall de23 velop appropriate regulations or standards to carry out

24 this Act.’’.
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1 (2) Section 10(e) of such Act (40 U.S.C. 1010(e))

2 is amended to read as follows:

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

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

5 enactment of this subsection.’’.

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

7 at the end the following new section:

8 ‘‘SHORT TITLE

9 ‘‘SEC. 11. This Act may be cited as the ‘Commemora10 tive Works Act’.’’.

Passed the House of Representatives November 23

(legislative day, November 22), 1993.

Attest: DONNALD K. ANDERSON,

Clerk.