[Senate Report 117-49]
[From the U.S. Government Publishing Office]
Calendar No. 199
117th Congress } { Report
SENATE
1st Session } { 117-49
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NATIONAL MEDAL OF HONOR COMMEMORATIVE WORK
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December 16, 2021.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 172]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 172) to authorize the National Medal of
Honor Museum Foundation to establish a commemorative work in
the District of Columbia and its environs, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 172 is to authorize the National Medal of
Honor Museum Foundation to establish a commemorative work in
the District of Columbia.
BACKGROUND AND NEED
The Medal of Honor is the highest military decoration
awarded by the United States. By law, it is awarded by the
President, in the name of Congress, to members of the United
States Armed Forces who distinguish themselves ``conspicuously
by gallantry and intrepidity at the risk of [their] life above
and beyond the call of duty'' in combat. 10 U.S.C.
Sec. Sec. 7271, 8291, 9271. President Lincoln signed the first
law creating the Medal of Honor in 1861, and the first Medal of
Honor was awarded in 1863. Since that time just over 3,500
individuals have been awarded this honor.
The National Medal of Honor Museum Foundation, a 501(c)(3)
educational organization, is proposing to construct a memorial
to honor Medal of Honor recipients. The memorial would be built
in Washington, D.C., in accordance with chapter 89 of title 40,
United States Code (commonly known as the Commemorative Works
Act). The Commemorative Works Act sets the guidelines for
creating commemorative works, including the initiation of a
memorial, authorizing legislation, site selection and approval,
fundraising, design approval, construction, and memorial
dedication.
LEGISLATIVE HISTORY
S. 172 was introduced by Senators Cornyn and Kaine on
February 2, 2021. The bill has 28 additional cosponsors. The
Subcommittee on National Parks held a hearing on the bill on
June 23, 2021.
Senators Cornyn and Kaine (with additional cosponsors)
introduced similar legislation in the 116th Congress, S. 4433,
but no action was taken on that bill.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 18, 2021, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
172.
SECTION-BY-SECTION ANALYSIS
Section 1. Authorization to establish commemorative work
Section 1(a) authorizes the National Medal of Honor Museum
Foundation to establish a commemorative work on Federal land in
the District of Columbia and its environs to honor Medal of
Honor recipients.
Subsection (b) requires the commemorative work to be in
accordance with the Commemorative Works Act (40 U.S.C. chapter
89).
Subsection (c) prohibits the use of Federal funds to pay
for the work and makes the National Medal of Honor Museum
Foundation solely responsible for contributions and expenses
for the establishment of the commemorative work.
Subsection (d) requires excess funds to be transmitted to
the Secretary of the Interior to be deposited in a special
account. If a balance remains after the authorization expires,
this section requires remaining funds to be deposited into a
separate account with the National Park Foundation established
for memorial maintenance under 40 U.S.C. 8906(b)(3).
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office has not estimated the costs
of S. 172 as passed by the Senate. The Committee has requested,
but has not yet received, the Congressional Budget Office's
estimate of the cost of S. 172 as ordered reported. When the
Congressional Budget Office completes its cost estimate, it
will be posted on the Internet at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 172. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 172, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 172, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of the Interior at
the June 23, 2021, hearing on S. 172 follows:
Statement of Michael A. Caldwell, Acting Associate Director, Park
Planning, Facilities and Lands, National Park Service, U.S.
Department of the Interior
Chairman King, Ranking Member Daines, and members of the
Subcommittee, thank you for the opportunity to present the
Department of the Interior's views on S. 172, a bill to
authorize the National Medal of Honor Museum Foundation to
establish a commemorative work in the District of Columbia or
its environs, and for other purposes.
The Department supports S. 172. The commemorative work
would be an appropriate way to honor the valor and values
displayed by Medal of Honor recipients, many of whom died in
the line of duty.
S. 172 authorizes the National Medal of Honor Museum
Foundation to establish a commemorative work in the nation's
capital to honor the extraordinary acts of valor, selfless
service, and sacrifice displayed by Medal of Honor recipients.
The work would be permitted in Area I or Area II under the
Commemorative Works Act (40 U.S.C. 89) (Act) but not in the
area designated as the ``Reserve'', which consists of the
National Mall and areas to the north and south of the White
House. The bill requires compliance with the Act and prohibits
Federal funds from being used to establish the work.
The Medal of Honor is the United States' highest military
decoration. It is awarded to U.S. service members who
distinguished themselves with extraordinary acts of heroism,
and whose service and sacrifice far exceeded the call of duty.
During the 116th Congress, a similar bill, H.R. 5173, was
introduced by Representative Marc Veasey. The National Capital
Memorial Advisory Commission (Commission) reviewed that
legislation and made recommendations to Congress on the bill
language that would bring the bill in alignment with the
requirements of the Act. The recommendations were made in
accordance with the Act, which states that Congress shall
solicit the views of the Commission in considering legislation
authorizing commemorative works within the District of Columbia
and its environs. S. 172 as introduced reflects the
Commission's recommendations. The Department concurs with the
Commission's views and supports the legislation as introduced.
Chairman King, this concludes my statement. I would be
pleased to answer any questions you or other members of the
Subcommittee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill as ordered
reported.
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