COMMEMORATIVE LEGISLATION: EVOLUTION AND PROCEDURES
CRS Report for Congress
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 96 Congress (1979-1980), the volume of commemorativeth
legislation never exceeded 10% of public bills signed into law. During the next 16
years (96-103 Congresses), however, commemoratives constituted an average ofthrd
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 104 Congress, the House adopted a rule change whichth
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, 104-105 Congresses......................4thth
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,
Table 2. Commemorative Acts, 104-105 Congresses...................4thth
Table 3. Perpetual Commemorative Observances.......................13
Table 4. Number of Commemorative Laws, 56 -105 Congresses.........15thth
Commemorative Legislation:
Evolution and Procedures
At the opening of the 104 Congress on January 4, 1995, the newly electedth
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.” Simple resolutions designating special days, weeks,1
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 theth
19 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 20 century,th
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 theth
85 Congress (1957-1958). During the next two decades (1959-1978), the ratio
“Ban on Commemoratives,” Congressional Record, daily edition, vol. 141, Jan. 4, 1995,1
pp. H29-H30.
ranged from 5% to a little less than 10% of all legislation. Then a dramatic change
took place: in the 96 Congress (1979-1980) commemorative legislation increasedth
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 20 century).th
A significant decline in the percentage of commemorative observances in the
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. At the3
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,2
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’s3
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.stnd
746, 101 Cong., 2 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, “Catering4
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.
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 House5
but was never acted upon by the Senate.
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 102-103 Congresses, which immediately preceded the House ban,ndrd
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 104 Congress, and has thus far approved onlyth
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,
Senate Action104 Cong.105 Cong.thth
Senate Resolutions Designating a Special Day, Week, 2533
or Month and Requesting Presidential Proclamation
Senate Resolutions Just Proclaiming a Special Day, etc.38
Observances Approved by Senate2841
Presidential Action1995-19961997-1998
Observances Proclaimed Without Senate Action9690
“Commission on National Observances and Holidays,” Congressional Record, vol. 112,5
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 inththth
1983 (98 Congress), and reintroduced in each of the five succeeding Congresses (99-104
Congresses), but in each instance the proposals were never reported out of committee.
Commemorative Acts, 104-105 Congressesthth
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, 104-105 Congressesthth
Type of Commemorative104 Cong.105 Cong.thth
Naming a Building/ Structure/Other Facility3329
Creating or Expanding Historic Sites11
Commissioning Commemorative Coins/ Congressional48
Gold Medals
Establishing or Expanding a Memorial7
Awarding a Medal of Honor2
Creating a Commemorative Commission2
Granting Honorary Citizenship1
Amendments to Title 36 of the United States Code2
(Patriotic Societies and Observances)
Establishing a Memorial Fund1
Conferring Status as an Honorary Veteran 1
Renaming a Wildlife Refuge/Wilderness Area11
Commending Operation Sail1
Total4065
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
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.7
The Senate Committee on Governmental Affairs has no such requirement.
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." Both the current Administrator, as well as his immediate8
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 of9
age, or former Justices of the Supreme Court over 70 years of age."
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 Consideration6th
of Commemorative Measures: 106 Congress (unpublished).
See: http://www.house.gov/reform/postal/105agend.htm.7
P.L. 85-542, 72 Stat. 399, 40 U.S.C. 298d.8
“Rules of the Committee on Environment and Public Works,” remarks in the Senate,9
Congressional Record, vol. 145, Jan. 20, 1999, p. S809.
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 the11
committee’s reasons for such recommendations."
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 on10
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 andth
Pipeline Transportation at the start of the 106 Congress, still adheres to these guidelines.
Public Law 102-390, Sec. 229, Oct. 6, 1992 (106 Stat. 1632). 11
nation.” After soliciting comments from the general and numismatic press, and a12
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 the14
public.
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,12
Nov. 1994, pp. 1,4.
The following themes were considered inappropriate for commemoration: (1) state or13
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. 7-8.14
“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 can15
reasonably be expected to absorb.”
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).15
Ibid., Sec. 302. The surcharge is a fee that Congress, by law, adds to the price of a16
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)17
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).
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 two-
thirds (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 Urban18
Affairs,” remarks in the Senate, Congressional Record, vol. 145, Feb. 6, 1999, p. S1334.
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, approve the location of a commemorative work in Area I (depicted in22
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 Congress,”19th
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 Urban20
Affairs,” p. S1334. For additional information on Congressional Gold Medals see: CRS
report RL30076, Congressional Gold Medals 1776-1999.
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 Park22
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).
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. Nonmilitary works commemorating an event,23
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 Resources must solicit the views of the25
National Capital Memorial Commission. The Secretary of the Interior or the
Administrator of GSA likewise must seek the advice of the commission prior to26
recommending a location for a commemorative work.
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 will23
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.
Ibid., Sec. 1002(c).24
Prior to the 104 Congress, the committees of jurisdiction were the House Committee on25th
House Administration and the Senate Committee on Energy and Natural Resources. At the
outset of the 104 Congress, House jurisdiction was transferred to the Committee onth
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.
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 104 Congress redressed theth
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).27
Ibid., Sec. 1008(b).28
This subsection is not applicable in “instances when the commemorative work is29
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.
Table 3. Perpetual Commemorative Observances
U.S. CodeCommemorative ObservanceDate Enacted
Citation
36 USC 142Mother’s Day (second Sunday in May)May 8, 1914
36 USC 142aFather’s Day (third Sunday in June)April 24, 1972
36 USC 142bNational Grandparents DaySept. 6, 1979
(first Sunday of September after Labor Day)
36 USC 142cParents' Day (fourth Sunday of July) Oct. 14, 1994
36 USC 143Child Health Day (first Monday in October) May 18, 1928
Sept. 22, 1959
36 USC 145National Maritime Day (May 22)May 20, 1933
36 USC 146Columbus Day (second Monday in October)April 30, 1934
36 USC 148Gold Star Mother’s Day June 23, 1936
(last Sunday in September)
36 USC 149Commemoration of Thomas Jefferson’s BirthAug. 16, 1937
(April 13)
36 USC 150Cancer Control Month (April)March 28, 1938
36 USC 151National Aviation Day (August 19)May 11, 1939
36 USC 151aPan American Aviation Day (December 17)Oct. 10, 1940
36 USC 153Citizenship Day (September 17)Feb. 29, 1952
36 USC 155National Disability Employment Awareness Month Aug. 11, 1945
(October)Oct. 8, 1970
Nov. 7, 1988
36 USC 156National Freedom Day (February 1)June 30, 1948
36 USC 157Flag Day (June 14)Aug. 3, 1949
36 USC 157aNational Flag WeekJune 9, 1966
(week in which June 14 occurs)
36 USC 157bHonor America Days (21 days from Flag DayJune 13, 1975
through Independence Day)
36 USC 158Stephen Foster Memorial Day (January 13)Oct. 27, 1951
36 USC 159Constitution Week (September 17-23) Aug. 2, 1956
36 USC 160National Defense Transportation DayMay 16, 1957
(third Friday in May)
36 USC 161National Safe Boating Week (seven day periodJune 4, 1958
ending on the last Friday before Memorial Day)Oct. 3, 1980
Dec. 20, 1993
U.S. CodeCommemorative ObservanceDate Enacted
Citation
36 USC 163National Forest Products WeekSept. 13, 1960
(week beginning on third Sunday in October)
36 USC 164Law Day, U.S.A. ( May 1)April 7, 1961
36 USC 165National Poison Prevention WeekSept. 26, 1961
(third week of March)
36 USC 166National Transportation WeekMay 14, 1962
(week in May in which the third Friday falls)
36 USC 167Peace Officers Memorial Day (May 15)Oct. 1, 1962
Sept. 13, 1994
36 USC 168National School Lunch WeekOct. 9, 1962
(week beginning on second Sunday of October)
36 USC 169Wright Brothers Day (December 17)Dec. 17, 1963
36 USC 169aSave Your Vision Week (first week of March)Dec. 30, 1963
36 USC 169bAmerican Heart Month (February)Dec. 30, 1963
36 USC 169cLeif Erikson Day (October 9)Sept. 2, 1964
36 USC 169dWhite Cane Safety Day (October 15)Oct. 6, 1964
36 USC 169eSteelmark Month (May)Nov. 2, 1966
36 USC 169fNational Hispanic Heritage MonthSept. 17, 1968
(September 15-October 15)Aug. 17, 1988
36 USC 169gMemorial Day as Day of Prayer forMay 11, 1950
Permanent Peace (May 30, Memorial Day)
36 USC 169hNational Day of Prayer (first Thursday in May)April 17, 1952
May 5, 1988
36 USC 169iCarl Garner Federal Lands Cleanup DayAug. 27, 1986
(first Sunday after Labor Day)Nov. 12, 1996
36 USC 169kAsian/Pacific American Heritage Month (May)Oct. 23, 1992
36 USC 169lNational Pearl Harbor Remembrance Day Aug. 23, 1994
(December 7)
36 USC 169mNational Korean War Veterans Armistice DayJuly 27, 1995
(July 27)
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 .
Table 4. Number of Commemorative Laws, 56 -105 Congressesthth
Public laws authorizing commemoratives
All Public LawsCommemorativeOtherAll commemoratives
periods commemorativesab
Cong.No.No.% of all PLsNo.% of all PLsNo.% of all PLs
Public laws authorizing commemoratives
All Public LawsCommemorativeOtherAll commemoratives
periods commemorativesab
Cong.No.No.% of all PLsNo.% of all PLsNo.% of all PLs
Sources. United States Statutes at Large, 56-105 Congresses; SCORPIO Bill Digest File, 102-ththndth
Includes commemorative days, weeks, months, years, decades, etc.ab
Includes naming of buildings, commemorative medals, memorials, monuments, etc.