H. R. 2947

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend the Commemorative Works Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL

ESTABLISHMENT.

(a) IN GENERAL.—The legislative authority for each of the following groups to establish a commemorative work (as defined by

Public Law 99–652, as amended) shall expire at the end of the

10-year period beginning on the date of enactment of such authority

for the respective commemorative work, notwithstanding the time

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

(1) The Black Revolutionary War Patriots Foundation.

(2) The Women in Military Service for America Memorial

Foundation.

(3) The National Peace Garden.

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

Garden Project, Incorporated, has changed its name to the National

Peace Garden.

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

or other record of the United States to the entity referred to in

paragraph (1) shall be deemed to be a reference to the National

Peace Garden.

SEC. 2. COMMEMORATIVE WORKS ACT AMENDMENTS.

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

to provide standards for placement of commemorative works on

certain Federal lands in the District of Columbia and its environs,

and for other purposes’’ (40 U.S.C. 1002(c)) is amended—

(A) by inserting ‘‘plaque, inscription,’’ after ‘‘memorial,’’;

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

‘‘an individual’’; and

(C) by inserting ‘‘American’’ before ‘‘history’’. (2) Section 2(d) of such Act (40 U.S.C. 1002(d)) is amended

by striking ‘‘an individual, group or organization’’ and inserting

‘‘a public agency, and 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’’.

(b) AUTHORIZATION.—Section 3 of such Act (40 U.S.C. 1003)

is amended as follows:

(1) In subsection (a), by inserting ‘‘on Federal lands referred to in section 1(d)’’ after ‘‘established’’.
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(2) By redesignating subsection (b) as subsection (d) and inserting after subsection (a) the following new subsections:

‘‘(b) A military commemorative work may be authorized only to commemorate a war or similar major military conflict or to

commemorate any branch of the Armed Forces. No commemorative

work commemorating a lesser conflict or a unit of an Armed Force

shall be authorized. Commemorative works to a war or similar

major military conflict shall not be authorized until at least 10

years after the officially designated end of the event. ‘‘(c) A commemorative work commemorating an event, individ- ual, or group of individuals, other than a military commemorative

work as described in subsection (b) of this section, shall not be

authorized until after the 25th anniversary of the event, death

of the individual, or death of the last surviving member of the

group.’’. (c) SPECIFIC CONDITIONS APPLICABLE TO AREAS I AND II.—

Section 6 of such Act (40 U.S.C. 1006) is amended to read as

follows:

‘‘SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II

‘‘SEC. 6. (a) AREA I.—The Secretary or Administrator (as appro- priate) may, after seeking the advice of the National Capital Memorial Commission, recommend the location of a commemorative work

in Area I only if the Secretary or Administrator (as appropriate)

determines that the subject of the commemorative work is of preeminent historical and lasting significance to the Nation. The Secretary or Administrator (as appropriate) shall notify the National

Capital Memorial Commission and the committees of Congress

specified in section 3(b) of the recommendation by the Secretary

or Administrator (as appropriate) that a commemorative work

should be located in Area I. The location of a commemorative

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

than 150 calendar days after such notification, the recommendation

is approved by law. ‘‘(b) AREA II.—Commemorative works of subjects of lasting historical significance to the American people may be located in

Area II.’’.

(d) SITE AND DESIGN APPROVAL.—Section 7 of such Act (40

U.S.C. 1007) is amended—

(1) in the matter preceding paragraph (1) of subsection (a), by striking out ‘‘commencing construction of the commemorative work’’ and inserting in lieu thereof ‘‘requesting the permit

for the construction of the commemorative work’’;

(2) in paragraph (1) of subsection (a)— (A) by inserting ‘‘the selection of alternative sites and designs for’’ after ‘‘regarding’’; and (B) by striking out the second sentence; (3) in paragraph (2) of subsection (a), by striking out ‘‘and the Secretary or Administrator (as appropriate)’’; and (4) in the matter preceding paragraph (1) of subsection (b), by inserting ‘‘(but not limited by)’’ after ‘‘guided by’’.

(e) CRITERIA FOR ISSUANCE OF CONSTRUCTION PERMIT.—(1) Section 8(a)(3) of such Act (40 U.S.C. 1008(a)(3)) is amended by striking

out ‘‘contracts for construction and drawings’’ and inserting in lieu

thereof ‘‘contract documents for construction’’.

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

adding at the end the following:
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‘‘(c)(1) The Secretary or the Administrator (as appropriate) may

suspend any activity under the authority of this Act with respect

to the establishment of a commemorative work if the Secretary

or Administrator determines the fundraising efforts with respect

to the commemorative work have misrepresented an affiliation with

the commemorative work or the United States.

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

or Administrator an annual report of operations, including financial

statements audited by an independent certified public accountant,

paid for by the person authorized to construct the commemorative

work.’’.

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

(40 U.S.C. 1009(a)) is amended by striking out ‘‘he may designate

such a site on lands administered by him’’ and inserting in lieu

thereof ‘‘a site may be designated on lands administered by the

Secretary’’.

(g) MISCELLANEOUS PROVISIONS.—Section 10(d) of such Act (40

U.S.C. 1010(d)) is amended to read as follows:

‘‘(d) The Secretary and the Administrator shall develop appropriate regulations or standards to carry out this Act.’’.

(h) SHORT TITLE.—Such Act is amended by adding at the end

the following new section:

‘‘SHORT TITLE

‘‘SEC. 11. This Act may be cited as the ‘Commemorative Works

Act’.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.