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.
Be it enacted by the Senate and House of Representa-
tives 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 ex-
pire 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, docu-
ment, 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 enti-
tled ‘‘An Act to provide standards for placement of com-
memorative 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 organiza-
tion’’ 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 ex-
empt 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 ‘‘estab-
lished’’.
(2) By redesignating subsection (b) as sub-
section (d) and inserting after subsection (a) the fol-
lowing new subsections:
‘‘(b) A military commemorative work may be author-
ized 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, individual, 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 Adminis-
trator (as appropriate) 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) deter-
mines that the subject of the commemorative work is of
preeminent historical and lasting significance to the Na-
tion. 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 lo-
cated 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 rec-
ommendation 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 con-
struction of the commemorative work’’ and inserting
in lieu thereof ‘‘requesting the permit for the con-
struction of the commemorative work’’;
(2) in paragraph (1) of subsection (a)—
(A) by inserting ‘‘the selection of alter-
native sites and designs for’’ after ‘‘regarding’’;
and
(B) by striking out the second sentence;
(3) in paragraph (2) of subsection (a), by strik-
ing out ‘‘and the Secretary or Administrator (as ap-
propriate)’’; 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 con-
struction and drawings’’ and inserting in lieu thereof
‘‘contract documents for construction’’.
(2) Section 8 of such Act (40 U.S.C. 1008) is amend-
ed by adding at the end the following:
‘‘(c)(1) The Secretary or the Administrator (as ap-
propriate) may suspend any activity under the authority
of this Act with respect to the establishment of a com-
memorative work if the Secretary or Administrator deter-
mines the fundraising efforts with respect to the commemo-
rative work have misrepresented an affiliation with the
commemorative work or the United States.
Secretary or Administrator determines that—
‘‘(A) fundraising efforts with respect to the
commemorative work have misrepresented an affili-
ation with the commemorative work or the United
States; or
‘‘(B) the percentage of funds raised that is dis-
bursed for administrative expenses and fundraising
fees is unreasonable or excessive or otherwise vio-
lates fund raising standards established by the Sec-
retary or Administrator.
‘‘(2) The person shall be required to submit to the
Secretary or Administrator an annual report of operations
prepared operations, including financial statements au-
dited by an independent certified public accountant, paid
for by the person authorized to construct the commemora-
tive work.
‘‘(3) The person authorized to construct a commemo-
rative work shall require in all fundraising contracts that
the fundraiser make its books and records with respect
to the commemorative work fully available to the Secretary
or Administrator and the Comptroller General of the Unit-
ed States for a period of not less than five years after
the establishment of 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 des-
ignated on lands administered by the Secretary’’.
(g) MISCELLANEOUS PROVISIONS.—(1) Section Sec-
tion 10(d) of such Act (40 U.S.C. 1010(d)) is amended
to read as follows:
‘‘(d) The Secretary and the Administrator shall de-
velop appropriate regulations or standards to carry out
this Act.’’.
(2) Section 10(e) of such Act (40 U.S.C. 1010(e))
is amended to read as follows:
‘‘(e) This Act shall apply to all commemorative works
authorized by Congress before, on, or after the date of
enactment of this subsection.’’.
(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 ‘Commemora-
tive Works Act’.’’.
Passed the House of Representatives November 23
(legislative day, November 22), 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.