[House Report 113-28]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-28
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VIETNAM VETERANS DONOR ACKNOWLEDGMENT ACT OF 2013
_______
April 9, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 588]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 588) to provide for donor contribution
acknowledgments to be displayed at the Vietnam Veterans
Memorial Visitor Center, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 588 is to provide for donor
contribution acknowledgments to be displayed at the Vietnam
Veterans Memorial Visitor Center.
Background and Need for Legislation
Public Law 108-126 authorized the Vietnam Veterans Memorial
Fund to establish a visitor center underground, but near the
Vietnam Veterans Memorial.
The facility will be 35,000 square feet and cost an
estimated $95 million, all of which is required to be non-
federal. However, the Commemorative Works Act (40 U.S.C.
Chapter 89), which governs the placement of monuments and
memorials on land administered by the National Park Service in
Washington, D.C., prohibits donor recognition at monuments and
memorials authorized under the Act. Consequently, proponents of
the visitor center have explained that this has put an undue
burden on the fund, making it extremely challenging to collect
large donations that will provide the necessary funds to
commence with construction.
H.R. 588 would grant an exemption to the Commemorative
Works Act to facilitate the completion of fundraising efforts
by allowing donor recognition. Any recognition program would
have to be approved by the Secretary of the Interior and the
legislation allows only ``short, discrete, and unobtrusive
acknowledgments or credits'' and will not ``permit any
advertising slogans or company logos.''
Committee Action
H.R. 588 was introduced on February 6, 2013, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Public Lands and Environmental Regulation. On March 14,
2013, the Subcommittee held a hearing on the bill. On March 20,
2013, the Full Natural Resources Committee met to consider the
bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. No amendments
were offered to the bill, and the bill was adopted and ordered
favorably reported to the House of Representatives by unanimous
consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of Rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 588--Vietnam Veterans Donor Acknowledgement Act of 2013
H.R. 588 would authorize the Vietnam Veterans Memorial Fund
to acknowledge donor contributions to the visitor center at the
Vietnam Veterans Memorial through a display in the visitor
center. Based on information provided by the National Park
Service, CBO estimates that the legislation would have no
significant impact on the federal budget. Enacting H.R. 588
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
H.R. 588 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the National Park Service, CBO
estimates that the legislation would have no significant impact
on the federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for donor contribution
acknowledgments to be displayed at the Vietnam Veterans
Memorial Visitor Center.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC LAW 96-297
* * * * * * *
SEC. 6. VISITOR CENTER.
(a) * * *
(b) Compliance With Standards Applicable to Commemorative
Works.--Chapter 89 of title 40, United States Code, shall
apply, including provisions related to the siting, design,
construction, and maintenance of the visitor center, and the
visitor center shall be considered a commemorative work for the
purposes of that Act, except that--
(1) * * *
* * * * * * *
(4) the visitor center shall be constructed and
landscaped in a manner harmonious with the site of the
Vietnam Veterans Memorial, consistent with the special
nature and sanctity of the Mall; [and]
(5) any reference in section 8903(e) of title 40,
United States Code, to the expiration at the end of or
extension beyond a seven-year period shall be
considered to be a reference to an expiration on or
extension beyond November 17, 2014[.]; and
(6) notwithstanding section 8905(b)(7) of title 40,
United States Code--
(A) the Secretary of the Interior shall allow
the Vietnam Veterans Memorial Fund, Inc. to
acknowledge donor contributions to the visitor
center by displaying, inside the visitor
center, an appropriate statement or credit
acknowledging the contribution;
(B) donor contribution acknowledgments shall
be displayed in a form approved by the
Secretary of the Interior and for a period of
time commensurate with the level of the
contribution and the life of the facility;
(C) the Vietnam Veterans Memorial Fund shall
bear all expenses related to the display of
donor acknowledgments;
(D) prior to the display of donor
acknowledgments, the Vietnam Veterans Memorial
Fund, Inc. shall submit to the Secretary for
approval, its plan for displaying donor
acknowledgments;
(E) such plan shall include the sample text
and types of the acknowledgments or credits to
be displayed and the form and location of all
displays;
(F) the Secretary shall approve the plan, if
the Secretary determines that the plan--
(i) allows only short, discrete, and
unobtrusive acknowledgments or credits;
(ii) does not permit any advertising
slogans or company logos; and
(iii) conforms to applicable National
Park Service guidelines for indoor
donor recognition; and
(G) if the Secretary of the Interior
determines that the proposed plan submitted
under this paragraph, does not meet the
requirements of this paragraph, the Secretary
shall--
(i) advise the Vietnam Veterans
Memorial Fund, Inc. not later than 30
days after receipt of the proposed plan
of the reasons that such plan does not
meet the requirements; and
(ii) allow the Vietnam Veterans
Memorial Fund, Inc. to submit a revised
donor recognition plan.
* * * * * * *