[House Report 113-437]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-437
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NATIONAL DESERT STORM AND DESERT SHIELD WAR MEMORIAL ACT
_______
May 6, 2014.--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. 503]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 503) to authorize the National Desert Storm
Memorial Association to establish the National Desert Storm and
Desert Shield Memorial as a commemorative work in the District
of Columbia, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Desert Storm and Desert
Shield War Memorial Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Association.--The term ``Association'' means the National
Desert Storm Memorial Association, a corporation organized
under the laws of the State of Arkansas and described in
section 501(c)(3) and exempt from taxation under section 501(a)
of the Internal Revenue Code of 1986.
(2) Memorial.--The term ``memorial'' means the National
Desert Storm and Desert Shield Memorial authorized to be
established under section 3.
SEC. 3. MEMORIAL TO COMMEMORATE.
(a) Authorization To Establish Commemorative Work.--The Association
may establish the National Desert Storm and Desert Shield Memorial as a
commemorative work, on Federal land in the District of Columbia to
commemorate and honor those who, as a member of the Armed Forces,
served on active duty in support of Operation Desert Storm or Operation
Desert Shield.
(b) Compliance With Standards for Commemorative Works Act.--The
establishment of the commemorative work shall be in accordance with
chapter 89 of title 40, United States Code (commonly known as the
``Commemorative Works Act'').
(c) Use of Federal Funds Prohibited.--Federal funds may not be used
to pay any expense of the establishment of the memorial. The
Association shall be solely responsible for acceptance of contributions
for, and payment of the expenses of, the establishment of the memorial.
(d) Deposit of Excess Funds.--
(1) If upon payment of all expenses for the establishment of
the memorial (including the maintenance and preservation amount
required by section 8906(b)(1) of title 40, United States
Code), there remains a balance of funds received for the
establishment of the commemorative work, the Association shall
transmit the amount of the balance to the Secretary of the
Interior for deposit in the account provided for in section
8906(b)(3) of title 40, United States Code.
(2) If upon expiration of the authority for the commemorative
work under section 8903(e) of title 40, United States Code,
there remains a balance of funds received for the establishment
of the commemorative work, the Association shall transmit the
balance to a separate account with the National Park Foundation
for memorials, to be available to the Secretary of the Interior
or the Administrator (as appropriate) following the process
provided in section 8906(b)(4) of title 40, United States Code,
for accounts established under section 8906(b)(2) or (3) of
title 40, United States Code.
PURPOSE OF THE BILL
The purpose of H.R. 503 is to authorize the National Desert
Storm Memorial Association to establish the National Desert
Storm and Desert Shield Memorial as a commemorative work in the
District of Columbia.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 503 would authorize the National Desert Storm Memorial
Association to establish a commemorative work on Federal land
in the District of Columbia to commemorate and honor members of
the Armed Forces who served on active duty in support of
Operation Desert Storm or Operation Desert Shield.
The precise location would be determined later, but could
be in the exclusive Area I (as defined the Commemorative Works
Act), which includes property near the National Mall and is
reserved for memorials of ``pre-eminent historical and lasting
significance to the Nation.'' However, as introduced, the
memorial would not be eligible for placement in ``the
Reserve,'' which is the cross-axis of park property between the
White House and the Jefferson Memorial, the Capitol and the
Lincoln Memorial.
On November 7, 2012, the National Capital Memorial Advisory
Commission reviewed the previous version of this bill
introduced in the 112th Congress. On December 20, 2012, after
confirming with the Department of Defense that Operations
Desert Shield and Desert Storm were major military operations,
the Commission informed the House Committee on Natural
Resources of its unanimous support for the proposal.
The work would be planned, constructed, and maintained
using non-federal funds and unlike recent monuments proposals,
does not exempt any section of the Commemorative Works Act,
which was established to place standards and a process for the
placement of memorials in the Washington, D.C. area.
COMMITTEE ACTION
H.R. 503 was introduced on February 5, 2013, by Congressman
David P. Roe (R-TN). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Public Lands and Environmental Regulation. On February 26,
2014, the Subcommittee held a hearing on the bill. On April 9,
2014, the full Natural Resources Committee met to consider the
bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. Congressman Rob
Bishop (R-UT) offered an amendment designated #1; the amendment
was adopted by unanimous consent. The bill, as amended, was
then 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. 503--National Desert Storm and Desert Shield War Memorial Act
H.R. 503 would authorize a nonprofit organization to
establish a commemorative work on federal lands in the District
of Columbia. Enacting the legislation would affect direct
spending; therefore, pay-as-you-go procedures apply. However,
CBO estimates that the net effect on the budget would not be
significant in any year. Enacting H.R. 503 would not affect
revenues.
The legislation would authorize the National Desert Storm
Memorial Association to establish a memorial to honor members
of the armed forces who participated in Operation Desert Storm
or Operation Desert Shield. The memorial project, which would
be completed without the use of federal funds, would be subject
to the requirements of the Commemorative Works Act. Under that
act, any entity that receives a permit to construct a memorial
in the District of Columbia or its environs must donate to the
National Park Foundation (a nonprofit organization) an amount
equal to 10 percent of the memorial's estimated construction
cost. That amount, as well as any project funds remaining after
construction of the memorial, would be available in future
years for maintenance of the memorial.
Based on the experience of similar commemorative projects,
CBO expects that any amounts collected by the federal
government would not be received for several years and would be
offset by a transfer to the National Park Foundation (a
nonfederal entity) soon thereafter.
H.R. 503 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not impose a cost on state, local, or tribal governments.
On January 24, 2014, CBO transmitted a cost estimate for S.
995, the National Desert Storm and Desert Shield War Memorial
Act, as ordered reported by the Senate Committee on Energy and
Natural Resources on November 21, 2013. The two bills are
similar and the CBO cost estimates are the same.
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. CBO estimates that
the net effect on the budget would not be significant in any
year.
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 authorize the National Desert
Storm Memorial Association to establish the National Desert
Storm and Desert Shield Memorial as a commemorative work in the
District of Columbia.
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
If enacted, this bill would make no changes in existing
law.