Commemorative Legislation: Evolution and Procedures

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Commemorative Legislation:

Evolution and Procedures

Updated August 9, 1999

Stephen W. Stathis

Specialist in American National Government

Government and Finance Division

Congressional Research Service ˜ The Library of Congress

ABSTRACT

This report provides a brief overview of the evolution of commemorative legislation. It also

summarizes the various laws, rules, and procedures Congress has adopted in establishing

criteria for the consideration and enactment of commemorative legislation. The report will be

updated as warranted, whenever the laws, rules, or procedures governing commemorative

legislation are modified.

Commemorative Legislation: Evolution and Procedures

Summary

Since its inception, Congress has used commemorative legislation to express

public gratitude for distinguished contributions; dramatize the virtues of individuals,

groups, and causes; and perpetuate the remembrance of significant events. During the

past two centuries, commemoratives have been become an integral part of the

American political tradition. They have been used to authorize the minting of

commemorative coins and Congressional Gold Medals; fund monuments and

memorials; create federal holidays; establish commissions to celebrate important

anniversaries; and name public works, scholarships, endowments, fellowships, and

historic sites.

Prior to the 96th Congress (1979-1980), the volume of commemorative

legislation never exceeded 10% of public bills signed into law. During the next 16

years (96th-103rd Congresses), however, commemoratives constituted an average of

30.75 % of all public laws signed by the President. By far the most common of these

congressional expressions (73%) were requests for the President to issue a special

proclamation designating a particular day, week, month, or year for commemoration.

This dramatic increase caused concern among both Members of Congress and other

observers, particularly the media. It was asserted that the time spent in consideration

of commemoratives hindered the ability of Congress to deal with more pressing

legislative issues.

At the outset of the 104th Congress, the House adopted a rule change which

banned legislation that commemorated "any remembrance, celebration, or recognition

for any purpose through the designation of a special period of time." This change,

together with the passage of more restrictive laws, rules, and procedures governing

the enactment of several other types of commemoratives, has substantially reduced

the time Congress spends considering and adopting such measures.

This report summarizes the evolution of commemorative legislation as well as

the laws, rules, and procedures that have been adopted to control the number of

commemoratives enacted. It will be updated, as warranted, whenever the laws, rules,

or procedures governing commemorative legislation are modified.

Contents

Evolution of Commemorative Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Growth of Commemorative Proclamations . . . . . . . . . . . . . . . . . . . . . . . . . 2

Earlier Reform Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Presidential Commission Idea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Proposed Rule Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Effect of the House Ban . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Commemorative Acts, 104th-105th Congresses . . . . . . . . . . . . . . . . . . . . . . 4

Current Commemorative Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Commemorative Observances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Naming Federal Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

U.S. Post Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Other Federal Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Commemorative Coins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Advisory Coin Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Criteria for Selection of Commemorative Coin Themes . . . . . . . . . . . 6

1993 Sense of the Congress Resolution . . . . . . . . . . . . . . . . . . . . . . . 7

Surcharge Recipients Required to Submit Quarterly Reports, 1993 . . 8

1996 Statutory Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Committee Rules/Practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Outside Advice Sought by Committees . . . . . . . . . . . . . . . . . . . . . . . . 9

Congressional Gold Medals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Monuments and Memorials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Standards for Commemorative Works . . . . . . . . . . . . . . . . . . . . . . . 10

Congressional Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Steps to Be Completed Before Construction May Begin . . . . . . . . . . 12

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

List of Figures

Figure 1. Monument or Memorial Siting: Areas 1 and 2 . . . . . . . . . . . . . . 11

List of Tables

Table 1. Commemorative Observances Approved by the Senate,

104th-105th Congresses, and Proclaimed by the President, 1995-1998 . . . . . 3

Table 2. Commemorative Acts, 104th-105th Congresses . . . . . . . . . . . . . . . . . . . 4

Table 3. Perpetual Commemorative Observances . . . . . . . . . . . . . . . . . . . . . . . 13

Table 4. Number of Commemorative Laws, 56th -105th Congresses . . . . . . . . . 15

Commemorative Legislation:

Evolution and Procedures

At the opening of the 104th Congress on January 4, 1995, the newly elected

Republican majority in the House of Representatives adopted several new rules which

formally signaled a time of change on Capitol Hill. Among these procedural and

institutional modifications was a banning of legislation that commemorated “any

remembrance, celebration, or recognition for any purpose through the designation of

a special period of time.”1 Simple resolutions designating special days, weeks,

months, and years for commemoration continue to be passed by the Senate, but they

only express the sentiments of that body.

The House’s action in banning commemorative observances did not affect

passage of other types of commemorative legislation, such as the naming of public

buildings, structures, and other sites; awarding Congressional Gold Medals;

authorizing the issuance of commemorative coins; creating national monuments and

memorials; and commissioning statuary and busts. During the past several years,

through various laws and committee rules, Congress has established criteria for the

consideration as well as enactment of various types of commemoratives. This report

summarizes those procedures, and provides a brief overview of the evolution of

commemorative legislation.

Evolution of Commemorative Legislation

Since its inception, Congress has used commemorative legislation to express

public gratitude for distinguished contributions; dramatize the virtues of individuals,

groups, and causes; and perpetuate the remembrance of significant events. The first

commemoratives were primarily in the form of individually struck medals. During the

19 th century, Congress gradually broadened the scope of commemoratives by

recommending special days for national observance; funding monuments and

memorials; creating federal holidays; authorizing the minting of commemorative coins;

and establishing commissions to celebrate important anniversaries. In the 20th century,

it has become increasingly commonplace for Congress to use commemorative

legislation to name buildings, dams, and other public works, scholarships,

endowments, fellowships, and historic sites.

Prior to 1900, commemorative legislation rarely accounted for more than 1% of

the total public laws enacted by a particular Congress, and never exceed 5% until the

85 th Congress (1957-1958). During the next two decades (1959-1978), the ratio

“Ban on Commemoratives,” Congressional Record, daily edition, vol. 141, Jan. 4, 1995,

pp. H29-H30.

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ranged from 5% to a little less than 10% of all legislation. Then a dramatic change

took place: in the 96th Congress (1979-1980) commemorative legislation increased

by 70%. The following Congress, commemoratives rose by nearly 50%. By the 98th

Congress (1983-1984), they constituted more than one-third of all bills signed into

law by the President. By far the most common of these congressional expressions

(nearly 80%) were requests for the President to issue a special proclamation

designating a particular day, week, month, or year for commemoration.2

Growth of Commemorative Proclamations

Commemorative observances continued to be the most popular type of

commemorative legislation for another decade (1985-1994), accounting for an

average of 27.6% of the public laws signed by the President. Other types of

commemorative bills made up another 9% of public enactments for the period. For

those ten years, 36.6% of all public laws enacted were commemorative in nature (see

Table 4 for statistical summary of commemorative laws enacted in the 20th century).

A significant decline in the percentage of commemorative observances in the

102nd and 103rd Congresses did little to deter those opposed to such legislation. By

that time, Representatives of both political parties had become convinced that

Congress should not devote even a small portion of its attention to such legislation

when other matters, in their opinion, were far more important and pressing.3 At the

same time, the media poked fun, with increasing frequency, at what it perceived to be

the misplaced priorities of the commemorative process.4

Commemorative proclamations can be issued by Presidents without any action by Congress,

and have been regularly throughout American history. Since 1789, when President George

Washington issued the first proclamation declaring November 26 of that year a National Day

of Thanksgiving, there have been hundreds of such designations. On more than 1,300

occasions, however, Congress initiated such actions by passing a joint resolution requesting

the President to make such a designation. Although most commemorative observances

approved by Congress are only applicable for a single year or single Congress, more than 40

perpetual observance resolutions that call for the President to issue annual proclamations

automatically have been approved since 1914. See Table 3 for a list of perpetual

commemoratives.

A 1990 House survey found that an overwhelming majority of respondents felt Congress’s

time would be better spent on matters having a “higher priority.” U.S. Congress, House

Committee on Post Office and Civil Service, Subcommittee on Census and Population,

Advisory Commission on National Commemorative Events, hearings on H.R. 539 and H.R.

746, 101st Cong., 2nd sess., Feb. 6, 1990 (Washington: GPO, 1990), pp. 7-8, 11-14. At a

House hearing a few weeks later, various Members characterized the commemorative process

as not credible, “annoying,” “frustrating,” “embarrassing,” “unfair,” “too costly,” and a poor

use of “time and resources.” Others, however, cautioned against creating an independent

commemorative advisory body that would, “in effect, remove an important constituency

function.” Ibid., pp. 2-3, 7, 17-18, 98.

“ABC World News Tonight,” Feb. 29, 1988 (transcript), pp. 2-3; Stephen Green, “Catering

to Every Cause,” Washington Times, March 1, 1989, p. F4; and Jason B. Johnson, “Congress

Plagued by Special Days,” Los Angeles Times, March 10, 1990, p. A21.

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Earlier Reform Efforts

Presidential Commission Idea. During the mid-1960s, several proposals were

introduced to shift the responsibility of designating commemorative celebrations to

a presidential commission. Twice the commission idea was embraced by the House

but was never acted upon by the Senate.5

Proposed Rule Changes. Others sought to reform the process by prohibiting

consideration of special observances or by creating a “commemorative calendar” to

control their floor consideration. House committee guidelines aimed at limiting

commemoratives were formally published for the first time in 1976 when the Post

Office and Civil Service Committee assumed jurisdiction over commemorative

celebrations. Similar procedures were adopted by the Senate Judiciary Committee

a decade later. Observances, however, continued to be passed in near record

numbers.

Effect of the House Ban

During the 102nd-103rd Congresses, which immediately preceded the House ban,

147 and 81 commemorative observances, respectively, were approved. The ban has

also influenced Senate consideration of commemorative observances. Since adoption

of the ban, Senate action on commemorative observances has declined significantly:

it approved just 28 observances in the 104th Congress, and has thus far approved only

41 observances in the 105th Congress. Of the Senate resolutions adopted in the 104th105th Congresses, 80% included a request for a presidential proclamation, while 20%

proclaimed specific days or weeks for commemoration independent of any presidential

action. The President on his own initiative issued 96 commemorative proclamations

in 1995-1996, and 90 in 1997-1998.

Table 1. Commemorative Observances Approved by the Senate,

104th-105th Congresses, and Proclaimed by the President, 1995-1998

Senate Action

Senate Resolutions Designating a Special Day, Week,

or Month and Requesting Presidential Proclamation

Senate Resolutions Just Proclaiming a Special Day, etc.

Observances Approved by Senate

Presidential Action

Observances Proclaimed Without Senate Action

104th Cong.

105th Cong.

1995-1996

1997-1998

“Commission on National Observances and Holidays,” Congressional Record, vol. 112,

Oct. 3, 1966, p. 24828; and “Commission on National Observances and Holidays,”

Congressional Record, vol. 113, March 20, 1967, pp. 7258-7263. The idea was revived in

1983 (98th Congress), and reintroduced in each of the five succeeding Congresses (99th-104th

Congresses), but in each instance the proposals were never reported out of committee.

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Commemorative Acts, 104th-105th Congresses

Since 1995, the type of commemorative resolutions most frequently enacted into

law have been overwhelmingly those naming a federal building, structure, or other

facility. A distant second have been enactments calling for the minting of

commemorative coins and Congressional Gold Medals.

Table 2. Commemorative Acts, 104th-105th Congresses

Type of Commemorative

Naming a Building/ Structure/Other Facility

104th Cong.

Creating or Expanding Historic Sites

Commissioning Commemorative Coins/ Congressional

Gold Medals

105th Cong.

Establishing or Expanding a Memorial

Awarding a Medal of Honor

Creating a Commemorative Commission

Granting Honorary Citizenship

Amendments to Title 36 of the United States Code

(Patriotic Societies and Observances)

Establishing a Memorial Fund

Conferring Status as an Honorary Veteran

Renaming a Wildlife Refuge/Wilderness Area

Commending Operation Sail

50th Anniversary of Founding of Modern State of Israel

Total

Current Commemorative Procedures

The current criteria for consideration and enactment of commemorative

legislation are derived from committee practice, committee rules, and law. The

accompanying guidelines cover the five most common types of commemoratives

approved during the past two Congresses: (1) Senate resolutions calling for the

commemoration of special days, weeks, months, or years; (2) legislation naming

federal buildings; (3) legislation authorizing the minting of commemorative coins; (4)

legislation authorizing the President to award a gold medal on behalf of Congress; and

(5) legislation calling for the construction, expansion, or renovation of a monument

or memorial in the District of Columbia.

Commemorative Observances

Senate resolutions designating special days, weeks, months, or years are

generally referred to the Judiciary Committee. The Senate Judiciary Committee

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currently considers commemorative legislation only in the months of February, June,

and October. Written reports are not filed regarding this type of legislation. Each

commemorative measure must have at least 50 cosponsors; at least 20 must be

Republicans and 20 Democrats. The sponsor of the measure is not included in this

number. The Judiciary Committee prohibits the commemoration of:

! a commercial enterprise, industry, or specific product, or a fraternal, political,

business, labor, or sectarian organization;

! a particular state or any political subdivision of a state, city, town, county,

school, or institution of higher learning; or

! a living person.

Proposals for recurring annual commemorations are prohibited by the Senate

Judiciary Committee. The committee will provide for an annual commemoration, in

each of two years, however, if: (1) such proposal is introduced during the first session

of a Congress; (2) it is substantially similar to an earlier bill that was passed in each

of the four years immediately preceding the first year of the proposed

commemoration; or (3) the commemoration period proposed would occur before the

commencement of the next Congress. A request for a waiver of these requirements

may not be considered unless two-thirds of the Senate indicates a desire to do so.6

Naming Federal Buildings

U.S. Post Offices. When considering legislation calling for a United States Post

Office to be named after a particular individual, the House Subcommittee on Postal

Service of the Committee on Government Reform requires that the bill be

cosponsored by all the Representatives from the State in which the facility is located.

The Senate Committee on Governmental Affairs has no such requirement.7

Other Federal Buildings. By law, the Administrator of General Services is

"authorized, notwithstanding any other provision of law, to name, rename, or

otherwise designate any building under the custody and control of the General

Services Administration."8 Both the current Administrator, as well as his immediate

predecessors, however, have always deferred to Congress in such matters. Rule 7(d)

of the Senate Committee on Environment and Public Works prohibits naming "a

building, structure or facility for any living person except former Presidents or former

Vice Presidents of the United States, former Members of Congress over 70 years of

age, or former Justices of the Supreme Court over 70 years of age."9

A 1995 memorandum prepared by the staff of the House Subcommittee on

Economic Development, Public Buildings, Hazardous Materials and Pipeline

U.S. Congress, Senate Committee on the Judiciary, Committee Policy for the Consideration

of Commemorative Measures: 106 th Congress (unpublished).

See: http://www.house.gov/reform/postal/105agend.htm.

P.L. 85-542, 72 Stat. 399, 40 U.S.C. 298d.

“Rules of the Committee on Environment and Public Works,” remarks in the Senate,

Congressional Record, vol. 145, Jan. 20, 1999, p. S809.

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Transportation of the Committee on Transportation and Infrastructure identified

seven criteria for the subcommittee to consider in naming a public building: (1) the

building must be under the control of the General Services Administration (GSA) or

the Architect of the Capitol (leased buildings are normally not named unless the

building is under a lease purchase authority; (2) the building must not currently be

named for an individual; (3) subcommittee consideration does not occur unless the

Member in whose district the building is located sponsors the legislation or otherwise

consents to the naming; (4) age requirements are not applicable; (5) priority is not

given to any particular class or occupation of individuals; (6) the subcommittee

generally does not name buildings for sitting Members of Congress; and (7) the

person for whom the building is named must have a "good reputation."10

Commemorative Coins

The guidelines for consideration of legislation authorizing commemorative coins,

most of which have been established in the 1990s, were developed in response to a

perceived need to limit the number of commemorative coin programs authorized

annually, and to ensure the financial integrity of the program.

Advisory Coin Committee. In 1992, Congress created a seven-member

Citizens Commemorative Coin Advisory Committee (CCCAC) "to advise the

Secretary of the Treasury and Congress on the selection of subjects and designs for

commemorative coins." The CCCAC was specifically charged with:

! designating "annually the events, persons, or places that the Advisory

Committee recommends should be commemorated by the issuance of

commemorative coins in each of 5 calendar years succeeding the year in which

such designation is made";

! making "recommendations with respect to the minting level for any

commemorative coin recommended"; and

! submitting "a report to Congress containing a description of events, persons,

or places which the Committee recommends be commemorated by coin, the

minting level recommended for any such commemorative coin, and the

committee’s reasons for such recommendations."11

Criteria for Selection of Commemorative Coin Themes. In its First Annual

Report to Congress in November 1994, the CCCAC concluded that, "given the

current state of the commemorative market," the committee’s "first priority must be

to restrain the proliferation of commemorative coin programs," while at the same time

developing a program that reflects the “noblest values and achievements of the

U.S. Congress, House Committee on Transportation and Infrastructure, Subcommittee on

Public Buildings and Economic Development, The Naming of Public Buildings (internal

committee memorandum dated July 16, 1995). The subcommittee, which was renamed the

Subcommittee on Economic Development, Public Buildings, Hazardous Materials and

Pipeline Transportation at the start of the 106th Congress, still adheres to these guidelines.

Public Law 102-390, Sec. 229, Oct. 6, 1992 (106 Stat. 1632).

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nation.”12 After soliciting comments from the general and numismatic press, and a

public forum at the 1994 annual convention of the American Numismatic Association,

the committee established the following criteria for selection of commemorative

themes for United States coins to achieve these goals:

! Historical persons, places, events, and themes to be commemorated should

have had an enduring effect on the nation’s history and culture. Their

significance should be of national or international scope.13

! Events to be commemorated should have national or international significance

and draw participation from across America or around the world.

! No living person should be honored by commemoration on U.S. coins.

! United States commemorative coins should be issued in the appropriate year

of commemoration.

! Historical events should generally be considered for commemoration on

important or significant anniversaries.

! Commemorative themes and designs should not be considered if one treating

the same subject has been issued in the past ten years.

! Commemorative coinage designs should reflect traditional American coin

iconography as well as contemporary developments in the arts.

! Designs should be determined in consultation with sponsoring organizations,

but should not be determined by legislation.

! Commemorative coinage should not be required to contain logos and emblems

of non-government organizations as part of the design.

! Coins should be dated in the year of their issuance.

! Legislation authorizing the production of coins should be enacted no less than

nine months prior to the date on which the coins may first be available to the

public.14

1993 Sense of the Congress Resolution. Fourteen months after Congress

created the Citizens Commemorative Coin Advisory Committee, it declared in a

Citizens Commemorative Coin Advisory Committee, First Annual Report to Congress,

Nov. 1994, pp. 1,4.

The following themes were considered inappropriate for commemoration: (1) state or

regional anniversaries with little or no national significance; (2) local institutions such as

governments, universities, and public and private schools; (3) commercial enterprises and

products; and (4) organizations, individuals, and themes principally sectarian in nature. Ibid.,

p. 7.

Ibid., pp. 7-8.

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“Sense of Congress Resolution” that the Senate and House Banking Committees

“should not report or otherwise clear for consideration ... more than two

commemorative coin programs for any year, unless the committee determines, on the

basis of a recommendation by the Citizens Commemorative Coin Advisory

Committee, that extraordinary merit exists for an additional commemorative coin

program.” It was in the “interests of all Members of Congress,” the resolution found,

“that a policy be established to control the flow of commemorative coin legislation”

which had “increased at a pace beyond that which the numismatic community can

reasonably be expected to absorb.”15

Surcharge Recipients Required to Submit Quarterly Reports, 1993. Also

in 1993, Congress enacted legislation requiring each recipient of surcharges “derived

from the sale of commemorative coins under any Act of Congress” to submit

“quarterly financial reports to the Director of the Mint and Comptroller General of the

United States describing in detail the expenditures made by such person from the

proceeds of the surcharge.”16

1996 Statutory Restrictions. Additional clarifications were made in the

commemorative coin program in 1996. These adjustments:

! placed restrictions on the number of new commemorative coin programs (two

each calendar year beginning January 1, 1999) and annual mintage levels of

such programs;

! required that all surcharges from numismatic operations be deposited in the

Numismatic Public Enterprise Fund;

! stipulated conditions for payment of surcharges to recipient organizations;

! mandated an annual audit of recipient organizations; and

! prohibited proceeds of any surcharge from being used to influence coin

legislation.17

P.L. 103-186, Title III, Sec. 301, Dec. 14, 1993 (107 Stat. 2251).

Ibid., Sec. 302. The surcharge is a fee that Congress, by law, adds to the price of a

commemorative coin for distribution to a specific endowment fund or organization. These

entities are then allowed to use the revenues raised through the surcharges to promote or

commemorate notable individuals from the past, service and heroism, historical events,

national monuments and memorials, and American ideals. By law, the Mint’s numismatic

coin programs must be self-supporting. Any profit made after all costs associated with

producing, marketing, and distributing coins have been paid, and surcharges distributed, are

deposited in the Treasury’s general fund to reduce the national debt.

P.L. 104-208, 110 Stat. 3009-349-3009-351. Surcharge payments are not made until: (1)

all operation and program costs have been recovered, and (2) the designated organization has

submitted an audited financial statement that demonstrates it has raised funds from private

sources that are “equal to or greater than the maximum amount the organization may receive

from the proceeds” of the surcharge. Ibid., 110 Stat. 3009-350, Sec. 529(f)(1)(B).

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Committee Rules/Practice. Rule VII(c)(vii) of the House Committee on

Banking and Financial Services prohibits its Subcommittee on Domestic and

International Monetary Policy from: (1) scheduling a hearing on commemorative coin

legislation unless it is “cosponsored by at least two-thirds of the Members of the

House and has been recommended by the U.S. Mint's Citizens Commemorative Coin

Advisory Committee,” or (2) reporting a “bill or measure authorizing commemorative

coins which does not conform with the minting regulations under 31 U.S.C. 5112.”

The Senate Banking, Housing, and Urban Affairs Committee requires that a

commemorative coin bill or resolution have at least 67 Senators as cosponsors before

the Committee will consider it.18

Outside Advice Sought by Committees. When considering commemorative

coin legislation, both the House and Senate banking committees often seek advice

from several different sources, but it is not required. Among the groups normally

contacted are the Citizens Commemorative Coin Advisory Committee, the American

Numismatic Association, editors of numismatic publications, the head of the

Smithsonian Institution’s numismatic division, renowned metallic sculptors, and

numismatic artists (previous winners of design competitions).

Congressional Gold Medals

Rule VII (c)(vii) of the House Committee on Banking and Financial Services

requires that Congressional Gold Medal legislation be cosponsored by at least twothirds (290) of the Members of the House. The rule also requires the Subcommittee

on Domestic and International Policy to apply the following standards in considering

legislation authorizing Congressional Gold Medals:

! The recipient shall be a natural person.

! The recipient shall have performed an achievement that has an impact on

American history and culture that is likely to be recognized as a major

achievement in the recipient’s field long after the achievement.

! The recipient shall not have received a medal previously for the same or

substantially the same achievement.

! The recipient shall be living, or, if deceased, shall have been deceased for not

less than five years and not more than 25 years.

! The achievements were performed in the recipient’s field of endeavor, and

represent either a lifetime of continuous superior achievements or a single

achievement so significant that the recipient is recognized and acclaimed by

“Adoption of the Rules of Procedure of the Committee on Banking, Housing, and Urban

Affairs,” remarks in the Senate, Congressional Record, vol. 145, Feb. 6, 1999, p. S1334.

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others in the same field, as evidenced by the recipient having received the

highest honors in the field.19

The Senate Banking, Housing, and Urban Affairs Committee requires that at

least 67 Senators must cosponsor any Congressional Gold Medal or commemorative

coin bill or resolution before the Committee will consider it.20

Monuments and Memorials

Standards for Commemorative Works. The standards for consideration and

placement of monuments and memorials in areas administered by the National Park

Service and the General Services Administration in the District of Columbia and its

environs are established by the Commemorative Works Act of 1986, as amended.

The act provides that no “commemorative work may be established in the District of

Columbia unless specifically authorized by Congress.”21

The Secretary of the Interior or Administrator of the General Services

Administration (GSA) may, after consultation with the National Capital Memorial

Commission,22 approve the location of a commemorative work in Area I (depicted in

Figure 1) if he or she finds the subject of the commemorative work is of preeminent

historical and lasting significance to the nation. After making such a determination,

the Secretary or Administrator must notify Congress of his or her determination. The

location of a commemorative work in Area I shall be deemed disapproved unless it

has been approved by law within 150 days.

Commemorative works of subjects of lasting historical significance which may

be located in Area II (depicted in Figure 1) are subject to the following conditions.

“Rules of the Committee on Banking and Financial Services for the 106 th Congress,”

remarks in the House, Congressional Record, vol. 145, Feb. 3, 1999, p. H407.

“Adoption of the Rules of Procedure of the Committee on Banking, Housing, and Urban

Affairs,” p. S1334. For additional information on Congressional Gold Medals see: CRS

report RL30076, Congressional Gold Medals 1776-1999.

40 U.S.C. 1001-1010. "The District of Columbia and its environs means those lands and

properties administered by the National Park Service and the General Services Administration

located in Areas I and II as depicted on the map numbered 869/86501, dated May 1, 1986."

Sec. 1002(e). Specific conditions relating to the location of commemorative works in Area

I and Area II are set forth in Section 1006(a-b).

Members of the National Capital Memorial Commission include: the director, National Park

Service (chairman); Architect of the Capitol; chairman, American Battle Monuments

Commission; chairman, Commission on Fine Arts; chairman, National Capital Planning

Commission; mayor, District of Columbia; commissioner, Public Building Service, General

Services Administration; and Secretary, Department of Defense. 40 U.S.C. 1004(a).

CRS-11

Figure 1. Monument or Memorial Siting: Areas 1 and 2

Military works must commemorate a war, a similar major military conflict, or

branch of the Armed Forces.23 Nonmilitary works commemorating an event,

individual, or group of individuals may 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.24

In considering such legislation, both the House Committee on Resources and the

Senate Committee on Energy and Natural Resources25 must solicit the views of the

National Capital Memorial Commission. The Secretary of the Interior or the

Administrator of GSA likewise must seek the advice of the commission prior to

recommending a location for a commemorative work.26

Congressional Hearings. Generally, either one or both of the committees will

hold hearings on the proposal, inviting testimony from representatives of the

Commission on Fine Arts, National Capital Planning Commission, National Park

Service, and the organization seeking approval for the monument or memorial.

“No commemorative work commemorating a lesser conflict or unit of an Armed Force will

be authorized. Commemorative works to a war or similar military conflict will not be

authorized until at least 10 years after the officially designated end of the event.” Ibid., Sec.

1003(b).

Ibid., Sec. 1002(c).

Prior to the 104th Congress, the committees of jurisdiction were the House Committee on

House Administration and the Senate Committee on Energy and Natural Resources. At the

outset of the 104th Congress, House jurisdiction was transferred to the Committee on

Resources. “Rules of the House (Changes in Committee System),” Congressional Record,

vol. 141, Jan. 4, 1995, p. H27. Most House commemorative works bills are now referred to

this committee.

40 U.S.C. 1004(b).

CRS-12

Important considerations will include historical importance of the commemorative

work, estimated cost, and how private funds needed for construction are to be raised.

Steps to Be Completed Before Construction May Begin. Once an individual

or group has been authorized by law to establish a commemorative work in the

District of Columbia and its environs, the following steps must be completed before

a construction permit may be issued:

! The applicant must consult with the National Capital Memorial Commission

regarding site selection and possible designs.

! Following this consultation, the Secretary of the Interior or Administrator of

GSA must submit, on behalf of the applicant, site and design proposals to the

Commission on Fine Arts and the National Capital Planning Commission for

their approval.27

! The Secretary of the Interior or Administrator of GSA must determine that: (1)

site and design have been approved by the National Capital Planning

Commission and the Commission on Fine Arts; (2) knowledgeable persons

qualified in the field of preservation and maintenance have been consulted to

assure the work meets high professional standards; and (3) the person

authorized to construct the commemorative work has submitted contract

documents to the Secretary or Administrator and has available sufficient funds

to complete construction.28

! The person authorized to construct the commemorative work must donate an

amount equal to 10% of the total estimated cost of construction to offset the

costs of total maintenance and preservation of the commemorative work.29

Conclusion

Commemorative legislation enacted by Congress is an integral part of the

American political tradition.

This category of enactments has included

recommendations for presidential proclamations, commemorative observances,

Congressional Gold Medals and commemorative coins, monuments and memorials,

and the naming of federal buildings and other structures. Between 1979 and 1994,

the volume of these measures grew to such an extent that many congressional

observers claimed they hindered the ability of Congress to deal with more pressing

legislative issues. Rules adopted at the beginning of the 104th Congress redressed the

balance, substantially reducing the time used to consider and adopt such measures,

while preserving many of the elements of this enduring tradition.

Ibid., Sec. 1007(a).

Ibid., Sec. 1008(b).

This subsection is not applicable in “instances when the commemorative work is

constructed by a Department or agency of the Federal Government and less than 50 per

centum of the funding for such work is provided by private sources.” Ibid.

CRS-13

Table 3. Perpetual Commemorative Observances

U.S. Code

Citation

Commemorative Observance

Date Enacted

36 USC 142

Mother’s Day (second Sunday in May)

May 8, 1914

36 USC 142a

Father’s Day (third Sunday in June)

April 24, 1972

36 USC 142b

National Grandparents Day

(first Sunday of September after Labor Day)

Sept. 6, 1979

36 USC 142c

Parents' Day (fourth Sunday of July)

Oct. 14, 1994

36 USC 143

Child Health Day (first Monday in October)

May 18, 1928

Sept. 22, 1959

36 USC 145

National Maritime Day (May 22)

May 20, 1933

36 USC 146

Columbus Day (second Monday in October)

April 30, 1934

36 USC 148

Gold Star Mother’s Day

(last Sunday in September)

June 23, 1936

36 USC 149

Commemoration of Thomas Jefferson’s Birth

(April 13)

Aug. 16, 1937

36 USC 150

Cancer Control Month (April)

March 28, 1938

36 USC 151

National Aviation Day (August 19)

May 11, 1939

36 USC 151a

Pan American Aviation Day (December 17)

Oct. 10, 1940

36 USC 153

Citizenship Day (September 17)

Feb. 29, 1952

36 USC 155

National Disability Employment Awareness Month

(October)

Aug. 11, 1945

Oct. 8, 1970

Nov. 7, 1988

36 USC 156

National Freedom Day (February 1)

June 30, 1948

36 USC 157

Flag Day (June 14)

Aug. 3, 1949

36 USC 157a

National Flag Week

(week in which June 14 occurs)

June 9, 1966

36 USC 157b

Honor America Days (21 days from Flag Day

through Independence Day)

June 13, 1975

36 USC 158

Stephen Foster Memorial Day (January 13)

Oct. 27, 1951

36 USC 159

Constitution Week (September 17-23)

Aug. 2, 1956

36 USC 160

National Defense Transportation Day

(third Friday in May)

May 16, 1957

36 USC 161

National Safe Boating Week (seven day period

ending on the last Friday before Memorial Day)

June 4, 1958

Oct. 3, 1980

Dec. 20, 1993

36 USC 162

Loyalty Day (May 1)

July 18, 1958

CRS-14

U.S. Code

Citation

Commemorative Observance

Date Enacted

36 USC 163

National Forest Products Week

(week beginning on third Sunday in October)

Sept. 13, 1960

36 USC 164

Law Day, U.S.A. ( May 1)

April 7, 1961

36 USC 165

National Poison Prevention Week

(third week of March)

Sept. 26, 1961

36 USC 166

National Transportation Week

(week in May in which the third Friday falls)

May 14, 1962

36 USC 167

Peace Officers Memorial Day (May 15)

Oct. 1, 1962

Sept. 13, 1994

36 USC 168

National School Lunch Week

(week beginning on second Sunday of October)

Oct. 9, 1962

36 USC 169

Wright Brothers Day (December 17)

Dec. 17, 1963

36 USC 169a

Save Your Vision Week (first week of March)

Dec. 30, 1963

36 USC 169b

American Heart Month (February)

Dec. 30, 1963

36 USC 169c

Leif Erikson Day (October 9)

Sept. 2, 1964

36 USC 169d

White Cane Safety Day (October 15)

Oct. 6, 1964

36 USC 169e

Steelmark Month (May)

Nov. 2, 1966

36 USC 169f

National Hispanic Heritage Month

(September 15-October 15)

Sept. 17, 1968

Aug. 17, 1988

36 USC 169g

Memorial Day as Day of Prayer for

Permanent Peace (May 30, Memorial Day)

May 11, 1950

36 USC 169h

National Day of Prayer (first Thursday in May)

April 17, 1952

May 5, 1988

36 USC 169i

Carl Garner Federal Lands Cleanup Day

(first Sunday after Labor Day)

Aug. 27, 1986

Nov. 12, 1996

36 USC 169k

Asian/Pacific American Heritage Month (May)

Oct. 23, 1992

36 USC 169l

National Pearl Harbor Remembrance Day

(December 7)

Aug. 23, 1994

36 USC 169m

National Korean War Veterans Armistice Day

(July 27)

July 27, 1995

Prepared by Congressional Research Service (February 26, 1999) from information in chapter 9,

Title 36, United States Code. For a discussion of the Martin Luther King, Jr. Holiday, which is cited

at 36 USC 169j, and other federal holidays, see CRS report 98-301, Federal Holidays: Evolution and

Application.

CRS-15

Table 4. Number of Commemorative Laws, 56th -105th Congresses

Public laws authorizing commemoratives

All Public Laws

Cong.

Commemorative

periodsa

No. No.

% of all PLs

Other

commemorativesb

All commemoratives

No. % of all PLs

443

0.00%

1.13%

57th

480

0.00%

3.13%

58th

575

0.00%

1.57%

775

0.00%

1.94%

60th

411

0.00%

1.70%

61st

595

0.00%

1.68%

62nd

530

0.00%

1.13%

417

0.24%

1.92%

2.16%

64th

458

0.00%

1.09%

65th

405

0.00%

0.99%

66th

470

0.00%

2.34%

654

0.00%

2.45%

68th

707

0.00%

1.84%

69th

879

0.00%

2.28%

70th

1145

0.09%

2.88%

2.97%

1009

0.10%

4.66%

4.76%

72nd

516

0.19%

3.29%

3.49%

73rd

539

0.93%

1.86%

2.78%

74th

987

0.41%

4.46%

4.86%

919

0.54%

2.29%

2.83%

76th

1005

0.50%

2.49%

2.99%

77th

850

0.59%

1.06%

1.65%

568

0.53%

1.41%

1.94%

733

0.95%

2.32%

3.27%

80th

906

0.22%

2.54%

2.76%

81st

921

0.65%

1.52%

2.17%

594

0.84%

1.18%

2.02%

781

1.02%

1.92%

2.94%

84th

1028

0.49%

3.31%

3.79%

85th

936 12

1.28%

3.95%

5.24%

CRS-16

Public laws authorizing commemoratives

All Public Laws

Commemorative

periodsa

Other

commemorativesb

All commemoratives

No. % of all PLs

Cong.

No. No.

% of all PLs

86th

800 10

1.25%

4.25%

5.50%

885 21

2.37%

3.05%

5.42%

88th

666 12

1.80%

3.45%

5.26%

89th

810 19

2.35%

4.32%

6.67%

90th

640 12

1.88%

3.91%

5.78%

695 27

3.88%

5.90%

9.78%

92nd

607 29

4.78%

2.80%

7.58%

93rd

649 22

3.39%

5.39%

8.78%

94th

588 12

2.04%

6.12%

8.16%

633 21

3.32%

5.69%

9.00%

96th

613 40

6.53%

9.14%

15.66%

97th

473 81

17.12%

5.92%

109

23.04%

98th

623 157

25.20%

8.67%

211

33.87%

664 227

34.19%

7.23%

275

41.42%

100th

713 202

28.33%

9.96%

273

38.29%

101st

650 195

30.00%

5.69%

232

35.69%

590 147

24.92%

10.85%

211

35.76%

465 81

17.42%

12.47%

139

29.89%

102

103

104th

333

12.01%

105th

394

16.50%

Sources. United States Statutes at Large, 56th-105th Congresses; SCORPIO Bill Digest File, 102nd105th Congresses. Prepared by Congressional Research Service (February 26, 1999).

Includes commemorative days, weeks, months, years, decades, etc.

Includes naming of buildings, commemorative medals, memorials, monuments, etc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.