[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2947 Reported in Senate (RS)]

                                                       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 March 22 
         (legislative day, February 22), 1994, with amendments





                                                       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 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''.
            (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, 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 Administrator (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) 
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:
    ``(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.
-S-e-c-r-e-t-a-r-y -o-r -A-d-m-i-n-i-s-t-r-a-t-o-r -d-e-t-e-r-m-i-n-e-s 
-t-h-a-t---
            -`-`-(-A-) -f-u-n-d-r-a-i-s-i-n-g -e-f-f-o-r-t-s -w-i-t-h 
        -r-e-s-p-e-c-t -t-o -t-h-e -c-o-m-m-e-m-o-r-a-t-i-v-e -w-o-r-k 
        -h-a-v-e -m-i-s-r-e-p-r-e-s-e-n-t-e-d -a-n 
        -a-f-f-i-l-i-a-t-i-o-n -w-i-t-h -t-h-e 
        -c-o-m-m-e-m-o-r-a-t-i-v-e -w-o-r-k -o-r -t-h-e -U-n-i-t-e-d 
        -S-t-a-t-e-s-; -o-r
            -`-`-(-B-) -t-h-e -p-e-r-c-e-n-t-a-g-e -o-f -f-u-n-d-s 
        -r-a-i-s-e-d -t-h-a-t -i-s -d-i-s-b-u-r-s-e-d -f-o-r 
        -a-d-m-i-n-i-s-t-r-a-t-i-v-e -e-x-p-e-n-s-e-s -a-n-d 
        -f-u-n-d-r-a-i-s-i-n-g -f-e-e-s -i-s -u-n-r-e-a-s-o-n-a-b-l-e 
        -o-r -e-x-c-e-s-s-i-v-e -o-r -o-t-h-e-r-w-i-s-e 
        -v-i-o-l-a-t-e-s -f-u-n-d -r-a-i-s-i-n-g -s-t-a-n-d-a-r-d-s 
        -e-s-t-a-b-l-i-s-h-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-r 
        -A-d-m-i-n-i-s-t-r-a-t-o-r-.
    ``(2) The person shall be required to submit to the Secretary or 
Administrator an annual report of -o-p-e-r-a-t-i-o-n-s -p-r-e-p-a-r-e-d 
operations, including financial statements audited by an independent 
certified public accountant, paid for by the person authorized to 
construct the commemorative work.
    -`-`-(-3-) -T-h-e -p-e-r-s-o-n -a-u-t-h-o-r-i-z-e-d -t-o 
-c-o-n-s-t-r-u-c-t -a -c-o-m-m-e-m-o-r-a-t-i-v-e -w-o-r-k -s-h-a-l-l 
-r-e-q-u-i-r-e -i-n -a-l-l -f-u-n-d-r-a-i-s-i-n-g -c-o-n-t-r-a-c-t-s 
-t-h-a-t -t-h-e -f-u-n-d-r-a-i-s-e-r -m-a-k-e -i-t-s -b-o-o-k-s -a-n-d 
-r-e-c-o-r-d-s -w-i-t-h -r-e-s-p-e-c-t -t-o -t-h-e 
-c-o-m-m-e-m-o-r-a-t-i-v-e -w-o-r-k -f-u-l-l-y -a-v-a-i-l-a-b-l-e -t-o 
-t-h-e -S-e-c-r-e-t-a-r-y -o-r -A-d-m-i-n-i-s-t-r-a-t-o-r -a-n-d -t-h-e 
-C-o-m-p-t-r-o-l-l-e-r -G-e-n-e-r-a-l -o-f -t-h-e -U-n-i-t-e-d 
-S-t-a-t-e-s -f-o-r -a -p-e-r-i-o-d -o-f -n-o-t -l-e-s-s -t-h-a-n 
-f-i-v-e -y-e-a-r-s -a-f-t-e-r -t-h-e -e-s-t-a-b-l-i-s-h-m-e-n-t -o-f 
-t-h-e -c-o-m-m-e-m-o-r-a-t-i-v-e -w-o-r-k-.-'-'-.
    (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-) -S-e-c-t-i-o-n 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.''.
    -(-2-) -S-e-c-t-i-o-n -1-0-(-e-) -o-f -s-u-c-h -A-c-t -(-4-0 
-U-.-S-.-C-. -1-0-1-0-(-e-)-) -i-s -a-m-e-n-d-e-d -t-o -r-e-a-d -a-s 
-f-o-l-l-o-w-s-:
    -`-`-(-e-) -T-h-i-s -A-c-t -s-h-a-l-l -a-p-p-l-y -t-o -a-l-l 
-c-o-m-m-e-m-o-r-a-t-i-v-e -w-o-r-k-s -a-u-t-h-o-r-i-z-e-d -b-y 
-C-o-n-g-r-e-s-s -b-e-f-o-r-e-, -o-n-, -o-r -a-f-t-e-r -t-h-e -d-a-t-e 
-o-f -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -s-u-b-s-e-c-t-i-o-n-.-'-'-.
    (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'.''.

            Passed the House of Representatives November 23 
      (legislative day, November 22), 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.