Union Calendar No. 224
103D CONGRESS
1ST SESSION
H. R. 2947
[Report No. 103–400]
A BILL
To extend for an additional two years the author-
ization of the Black Revolutionary War Patriots
Foundation to establish a memorial.
NOVEMBER 20, 1993
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed
IB
Union Calendar No. 224
103D CONGRESS
1ST SESSION
H. R. 2947
[Report No. 103–400]
To extend for an additional two years the authorization of the Black
Revolutionary War Patriots Foundation to establish a memorial.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 6, 1993
Mrs. JOHNSON of Connecticut (for herself, Mr. WOLF, Mr. MFUME, Mr.
LEWIS of Georgia, Mr. OWENS, Mr. LIPINSKI, Mr. HYDE, Ms. BROWN
of Florida, Mr. STOKES, Mr. WATT, Mr. DORNAN, Mr. CARR of Michi-
gan, Mr. FOGLIETTA, Mr. WASHINGTON, Mr. GORDON, Mr. FRANKS of
Connecticut, Ms. MCKINNEY, Mrs. MORELLA, Ms. SLAUGHTER, Mr.
DURBIN, Mr. DIAZ-BALART, Mr. MANTON, Mr. TUCKER, Mr. LAZIO, Mr.
WALSH, Mr. JOHNSON of South Dakota, Mr. PALLONE, Mr. JACOBS, Mr.
KLEIN, Mr. STARK, Ms. NORTON, Mr. CLYBURN, Mr. KLECZKA, and Mr.
CONYERS) introduced the following bill; which was referred to the Com-
mittee on Natural Resources
NOVEMBER 20, 1993
Additional sponsors: Mr. FILNER, Mr. WHEAT, Mr. BONIOR, Mr. TOWNS, Mr.
SARPALIUS, Mr. VALENTINE, Mr. BISHOP, Mr. KILDEE, Mr. SCOTT, Mr.
RANGEL, Mr. DELLUMS, Mr. FROST, Mr. GENE GREEN of Texas, Mr.
SANDERS, Mr. WAXMAN, Mr. JOHNSTON of Florida, Mr. PARKER, Ms.
FURSE, Mrs. KENNELLY, Mr. FRANK of Massachusetts, Mr. KYL, Mr.
DIXON, Mr. SAWYER, Mr. HUTTO, Mr. HILLIARD, Mrs. MEEK, Mr.
HOCHBRUECKNER, and Mr. SHAYS
NOVEMBER 20, 1993
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To extend for an additional two years the authorization
of the Black Revolutionary War Patriots Foundation to
establish a memorial.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That, notwithstanding section 10(b) of Public Law 99–
652, the legislative authority for the Black Revolutionary
War Patriots Foundation to establish a commemorative
work (as defined by such Public Law) shall expire at the
end of the nine-year period beginning on the date of enact-
ment of such authority.
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 commemora-
tive work, notwithstanding the time period limitation speci-
fied in section 10(b) of that Public Law:
(1) The Black Revolutionary War Patriots Foun-
dation.
(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 ref-
erence 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 commemora-
tive works on certain Federal lands in the District of Co-
lumbia 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 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’’.
(2) By redesignating subsection (b) as subsection
(d) and inserting after subsection (a) the following
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. Commemo-
rative works to a war or similar major military conflict
shall not be authorized until at least 10 years after the offi-
cially 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 anniver-
sary 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 appropriate) may, after seeking the advice of the Na-
tional Capital Memorial Commission, recommend the loca-
tion of a commemorative work in Area I only if the Sec-
retary or Administrator (as appropriate) determines that
the subject of the commemorative work is of preeminent his-
torical and lasting significance to the Nation. The Secretary
or Administrator (as appropriate) shall notify the National
Capital Memorial Commission and the committees of Con-
gress specified in section 3(b) of the recommendation by the
Secretary or Administrator (as appropriate) that a com-
memorative 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 construc-
tion of the commemorative work’’ and inserting in
lieu thereof ‘‘requesting the permit for the construc-
tion 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 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 PER-
MIT.—(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 ‘‘con-
tract documents for construction’’.
(2) Section 8 of such Act (40 U.S.C. 1008) is amended
by adding at the end the following:
‘‘(c)(1) The Secretary or the Administrator may sus-
pend any activity under the authority of this Act with re-
spect to the establishment of a commemorative work if the
Secretary or Administrator determines that—
‘‘(A) fundraising efforts with respect to the com-
memorative work have misrepresented an affiliation
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 violates
fund raising standards established by the Secretary or
Administrator.
‘‘(2) The person shall be required to submit to the Sec-
retary or Administrator an annual report of operations
prepared by an independent certified public accountant,
paid for by the person authorized to construct the com-
memorative work.
‘‘(3) The person authorized to construct a commemora-
tive 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 Ad-
ministrator and the Comptroller General of the United
States for a period of not less than five years after the estab-
lishment 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 designated
on lands administered by the Secretary’’.
(g) MISCELLANEOUS PROVISIONS.—(1) Section 10(d)
of such Act (40 U.S.C. 1010(d)) is amended to read as fol-
lows:
‘‘(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 enact-
ment 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’.’’.
Amend the title so as to read: ‘‘A bill to amend the
Commemorative Works Act, and for other purposes.’’.