[Congressional Record Volume 140, Number 38 (Tuesday, April 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        COMMEMORATIVE WORKS ACT

  The Senate proceeded to consider the bill (H.R. 2947) to amend the 
Commemorative Works Act, and for other purposes, which had been 
reported from the Committee on Energy and Natural Resources with 
amendments; as follows:

       (The parts of the bill intended to be stricken are shown in 
     boldface brackets, and the parts of the bill intended to be 
     inserted are shown in italic.)

                               H.R. 2947

       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 constructing 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.

     [Secretary or Administrator determines that--
       ``(A) fundraising efforts with respect to the commemorative 
     work have misrepresented an affiliation with the 
     commemorative work or the United States; or
       ``(B) the percentage of funds raised that is disbursed 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 
     Secretary or Administrator an annual report of [operations 
     prepared] operations, including financial statements audited 
     by an independent certified public accountant, paid for by 
     the person authorized to construct the commemorative work.
       [``(3) The person authorized to construct a commemorative 
     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 United 
     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 designated on lands 
     administered by the Secretary''.
       (g) Miscellaneous Provisions.[--(1) Section] 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) Section 10(c) of such Act (40 U.S.C. 1010c)) is 
     amended to read as follows:
       ``(c) 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 ``Commemorative 
     Works Act'.''.

  So the bill (H.R. 2947), as amended, was passed.

                          ____________________