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 fol-
lowing 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’’.
H. R. 2947—2
(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 Memo-
rial 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 pre-
eminent historical and lasting significance to the Nation. The Sec-
retary 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 commemo-
rative 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) Sec-
tion 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: