	Introduction

In 1986, the Commemorative Works Act (CWA) was enacted to guide the memorial and monument creation and siting process in the District of Columbia on land under the jurisdiction of the National Park Service (NPS) or the General Services Administration (GSA). As the statute specifies, the CWA was enacted
(1) to preserve the integrity of the comprehensive design of the L'Enfant and McMillan plans for the Nation's Capital;
(2) to ensure the continued public use and enjoyment of open space in the District of Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;
(3) to preserve, protect and maintain the limited amount of open space available to residents of, and visitors to, the Nation's Capital; and
(4) to ensure that future commemorative works in areas administered by the National Park Service and the Administrator of General Services in the District of Columbia and its environs-
(A) are appropriately designed, constructed, and located; and
(B) reflect a consensus of the lasting national significance of the subjects involved. Pursuant to the CWA, from time to time Congress will authorize a sponsor group (i.e., an organization, often tax exempt, advocating for the creation of the new work) to design and build a monument or memorial in the District of Columbia without the use of federal funds. This report addresses four proposed exemptions from the CWA. These are memorial siting, including the addition of new elements to existing commemorative works; requiring the use of American materials during memorial construction; altering the deadline for completing an authorized memorial; and the siting of new museums within the statutorily defined commemorative works areas—where they would otherwise be prohibited pursuant to the CWA. Each exemption has been discussed in legislative proposals, at congressional hearings, or by one of the federal agencies charged with review and approval of commemorative works: the National Capital Planning Commission (NCPC) and the U.S. Commission of Fine Arts (CFA). Since the CWA's enactment, 33 commemorative works have been authorized, and numerous others have been proposed. For the authorized and proposed monuments and memorials, several sponsor groups have sought—and some have received—exemptions from certain provisions of the CWA. An act of Congress is required for Area I placement. Congress, however, has authorized new elements to existing monuments and memorials, and additional legislation has been introduced that would further that practice. Congress could amend the CWA to require congressional action for siting in Area II. Creating individual exemptions to 40 U.S.C. Use of American Materials

Once Congress authorizes a sponsor group to build a commemorative work in the District of Columbia, the group must work with NCPC, CFA, and either the Secretary of the Interior (through the NPS) or the Administrator of the GSA—depending on who has jurisdiction over the land that would house the proposed memorial—to choose a site and receive design approval for the memorial. When authorizing the National Museum of African American History and Culture in 2003, Congress specifically exempted it from the CWA prohibition against the creation of museums on NPS- or GSA-administered land. The granting of this exemption arguably suggests that Congress believes the CWA applies to museums at any District location, if they are located on NPS- or GSA-administered land. This application of the CWA to a museum would be in contrast to the specific CWA prohibition against the placement of a museum in Area I or East Potomac Park.
During the course of each Congress, numerous proposals to create new commemorative works (i.e., monuments and memorials) in the District of Columbia are introduced. In evaluating each proposal, Congress considers the subject of the proposed work; whether existing monuments and memorials commemorate similar subjects; and whether the sponsor group has requested an exemption from existing laws that might limit monument and memorial subjects and location within the District of Columbia. This report focuses on options for Congress for four types of exemptions to the Commemorative Works Act (CWA, 40 U.S.C. §§8901-8909): siting works, use of specific materials, memorial completion deadlines, and the placement and status of museums.
The CWA was enacted in 1986 to govern all monuments and memorials to be located on federal land in the District of Columbia under the jurisdiction of the National Park Service (NPS) or the General Services Administration (GSA). Further, the CWA sought to preserve the L'Enfant and McMillan plans for the capital; ensure continued public use and enjoyment of open spaces; and preserve, protect, and maintain the open space. Pursuant to the CWA, Congress statutorily authorizes a sponsor group to design and build a monument or memorial with the approval of regulatory bodies: the National Capital Planning Commission (NCPC) and the U.S. Commission of Fine Arts (CFA). Additionally, the National Capital Memorial Advisory Commission (NCMAC) was created to advise Congress, the Secretary of the Interior, and the Administrator of General Services on the commemorative works process. Unless otherwise stated in law, the sponsor group is responsible for funding the memorial without the use of federal funds.
Since CWA's enactment, 33 commemorative works have been authorized, and numerous others have been proposed. Among the authorized and proposed works, several sponsor groups have sought—and some have received—exemptions from certain CWA provisions.
The CWA divides the District of Columbia into three areas for the siting of monuments and memorials: an area where new commemorative works are prohibited (the Reserve); an area that requires congressional authorization (Area I); and all other NPS or GSA land (Area II). Some sponsor groups have been granted exemptions for siting monuments and memorials, and others have been approved to add new elements to existing commemorative works.
The CWA requires that the NCPC and CFA evaluate a memorial's proposed building materials to ensure they are "suitable to the outdoor environment." Some proposals have been made to require that those materials be American made, a requirement that does not currently exist. Additionally, sponsor groups are granted seven years in which to complete an authorized memorial or receive a construction permit to build the memorial. In many cases, memorials have needed additional time to be completed.
The CWA also prohibits the siting of museums on NPS- or GSA-administered land in the District of Columbia. In 2003, however, Congress provided an exemption to the National Museum of African American History and Culture. The granting of this exemption arguably suggests that Congress believes the CWA applies to museums at any District location, if they are located on NPS- or GSA-administered land. This application of the CWA to a museum would be in contrast to the specific CWA prohibition against the placement of a museum in Area I or East Potomac Park.