[Senate Report 110-165]
[From the U.S. Government Publishing Office]
Calendar No. 363
110th Congress Report
SENATE
1st Session 110-165
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EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL HONORING VETERANS
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September 17, 2007.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 995]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 995) to amend Public Law 106-348 to
extend the authorization for establishing a memorial in the
District of Columbia or its environs to honor veterans who
became disabled while serving in the Armed Forces of the United
States, having considered the same, reports favorably thereon
without amendment and recommends that the Act do pass.
Purpose
The purpose of H.R. 995 is to extend the legislative
authority for completion of a memorial honoring disabled
veterans of the United States Armed Forces.
Background and Need
In 2000, Congress enacted Public Law 106-348, which
authorized the Disabled Veterans' LIFE Memorial Foundation to
establish a memorial on Federal land in the District of
Columbia or its environs to honor veterans who became disabled
while serving in the Armed Forces of the United States. The
Foundation is a 501(c)(3) nonprofit organization whose sole
purpose is to raise the funds necessary to build the Memorial.
The authorizing legislation requires the memorial to be
constructed in accordance with the Commemorative Works Act (40
U.S.C. 8901 et seq.).
In December, 2006, Congress enacted Public Law 109-396,
which specified a site south of the Mall and west of the
Rayburn House Office Building (near the C Street ramp to I-395)
as the location for the memorial.
The Commemorative Works Act requires that a memorial's
sponsor fund all costs associated with the planning, design,
and construction of the memorial, plus an additional ten
percent to be used as a maintenance fund. The sponsoring entity
must raise all required funds and have the memorial design
approved by the appropriate Federal reviews before the
Secretary of the Interior is authorized to issue a construction
permit.
To date the Foundation has raised approximately $26 million
of the estimated $65 million cost of construction. The
Foundation hopes to have the remaining funds in hand by 2010.
Under the Commemorative Works Act, legislative authority
for a memorial expires seven years after the date of enactment
of the authorizing legislation, so the Disabled Veterans'
Memorial authority expires on October 24, 2007. H.R. 995
extends the authority through October 24, 2015.
Legislative History
H.R. 998, sponsored by Representative Hare, passed the
House of Representatives by a vote of 390-0 on March 5, 2007. A
companion measure, S. 824, was introduced by Senator Thune and
cosponsored by Senators Snowe, Dorgan, and Johnson. The
Subcommittee on National Parks held a hearing on H.R. 998 and
S. 824 on July 12, 2007.
Similar legislation, H.R. 4275, passed the House of
Representatives in the 109th Congress by a voice vote on
September 25, 2006, although no further action occurred in the
Senate.
At its business meeting on July 25, 2007, the Committee on
Energy and Natural Resources ordered H.R. 995 favorably
reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on July 25, 2007, by a voice vote of a quorum
present, recommends that the Senate pass H.R. 995.
Summary of the Measure
H.R. 995 amends the authorizing legislation for the
Disabled Veterans Memorial (Public Law 106-348) to make several
conforming amendments to reflect the codification of the
Commemorative Works Act as part of title 40, chapter 89, United
States Code, and extends the legislative authority for the
memorial until October 24, 2015, notwithstanding the provisions
of 40 U.S.C. 8903(e)).
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
July 30, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 995, an act to
amend Public Law 106-348 to extend the authorization for
establishing a memorial in the District of Columbia or its
environs to honor veterans who became disabled while serving in
the Armed Forces of the United States.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Peter R. Orszag.
Enclosure.
H.R. 995--An act to amend Public Law 106-348 to extend the
authorization for establishing a memorial in the District of
Columbia or its environs to honor veterans who became disabled
while serving in the Armed Forces of the United States
H.R. 995 would extend until October 24, 2015, the authority
to construct a memorial on federal land to honor veterans who
became disabled while serving in the Armed Forces of the United
States. The extension would give the Disabled Veterans' LIFE
Memorial Foundation (the site's sponsor) an additional eight
years to obtain the necessary funds and complete the project.
Because the prospective memorial would be established with
nonfederal funds, extending the authority to build it would not
affect the federal budget. Enacting the legislation would not
affect direct spending or revenues.
H.R. 995 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 contacts for this estimate are Deborah Reis
and David Reynolds. This estimate was approved by Peter H.
Fontaine, Deputy Assistant Director for Budget Analysis.
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 H.R. 995. The Act 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 H.R. 995, as ordered reported.
Executive Communications
The testimony provided by the Department of the Interior at
the July 12, 2007, Subcommittee hearing on H.R. 995 follows:
Statement of Katherine H. Stevenson, Acting Assistant Director,
Business Services, National Park Service, Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 824 and H.R. 995,
bills to amend Public Law 106-348 to extend the authorization
for establishing a memorial in the District of Columbia or its
environs to honor veterans who became disabled while serving in
the Armed Forces of the United States. The Department supports
enactment of this legislation.
S. 824 and H.R. 995 would authorize an additional eight
years for the Disabled Veterans' LIFE Memorial Foundation
(Foundation) to establish the American Veterans Disabled for
Life Memorial in the District of Columbia. This memorial was
authorized on October 24, 2000 and the extension would extend
the authority to October 24, 2015. The authority to establish
the memorial will expire on October 24, 2007 if the Foundation
has not secured a permit to begin construction from the
National Park Service (NPS) before that date.
The Foundation has proceeded in a professional and
responsible manner in all aspects of the memorial process. The
site was approved in 2001, the design concept was approved in
2004, and the Foundation continues to seek the direction and
advice of the NPS, the National Capital Planning Commission and
the Commission of Fine Arts in developing the design of the
memorial. We look forward to productive meetings with both
commissions as the design nears completion.
The Foundation proposes to build the memorial on two acres
across Washington Avenue from the U.S. Botanic Gardens and just
east of the Department of Health and Human Services
headquarters building. The triangular-shaped site is bounded by
Second Street to the west, Washington Avenue to the east, and
the I-395 tunnel portals on the south. The property was managed
by the District of Columbia until December 15, 2006. The site
was then transferred to the National Park Service under the
terms of the Federal and District of Columbia Government Real
Property Act of 2006.
In 2004, the Foundation proceeded to the point of
developing its approved design concept but could move no
further until the management of the property was determined.
Valuable planning time for the memorial was lost while this
legislation was under consideration in the 109th Congress.
Given the legislative delay as well as the unique aspects of
this site and the need to revise traffic patterns in order to
achieve both a site worthy of this memorial and the proper
urban design in the context of both the U.S. Capitol and the
U.S. Botanic Gardens, we feel it is fair to allow the
Foundation additional time beyond the four months that now
remain available to the Foundation to continue fundraising and
complete the design development. We have every expectation that
groundbreaking for the memorial will occur within the time
period this proposed extension will allow.
There are four instances where similar extensions of time
have been granted for the completion of truly superior
memorials that the Department manages. They are the memorials
to Women in Military Service for America, George Mason, World
War II, and Victims of Communism. Extensions also have been
granted for the Martin Luther King, Jr. Memorial, and we are
currently working with the Martin Luther King, Jr., Memorial
Foundation in the development of the design in consultation
with the National Capital Planning Commission and the
Commission of Fine Arts.
The Department has enjoyed an excellent working
relationship with the Disabled Veterans LIFE Memorial
Foundation and we are confident that this extension is an
appropriate action and worthy of your consideration.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared remarks and I will be happy to
answer any questions you or other committee members might have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
H.R. 995, as ordered 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 106-348
106th Congress
Approved October 24, 2000
AN ACT To authorize the Disabled Veterans' LIFE Memorial Foundation to
establish a memorial in the District of Columbia or its environs to
honor veterans who became disabled while serving in the Armed Forces of
the United States
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MEMORIAL TO HONOR DISABLED VETERANS OF THE UNITED STATES
ARMED FORCES.
(a) Memorial Authorized.--The Disabled Veterans' LIFE
Memorial Foundation is authorized to establish a memorial on
Federal land in the District of Columbia or its environs to
honor veterans who became disabled while serving in the Armed
Forces of the United States.
(b) Compliance With Standards for Commemorative Works.--
[The establishment] Except as provided in subsection (e), the
establishment of the memorial shall be in accordance with the
[Commemorative Works Act (40 U.S.C. 1001 et seq.)] chapter 89
of title 40, United States Code.
(c) Payment of Expenses.--The Disabled Veterans' LIFE
Memorial Foundation shall be solely responsible for acceptance
of contributions for, and payment of the expenses of, the
establishment of the memorial. No Federal funds may be used to
pay any expense of the establishment of the memorial.
(d) Deposit of Excess Funds.--If, upon payment of all
expenses of the establishment of the memorial (including the
maintenance and preservation amount required under [section
8(b) of the Commemorative Works Act (40 U.S.C. 1008(b))]
section 8906 of title 40, United States Code), [or upon
expiration of the authority for the memorial under section
10(b) of such Act (40 U.S.C. 1010(b)),] there remains a balance
of funds received for the establishment of the memorial, the
Disabled Veterans' LIFE Memorial Foundation shall transmit the
amount of the balance to the Secretary of the Treasury for
deposit in the account provided for in [section 8(b)(1) of such
Act (40 U.S.C. 1008(b)(1)] 8906(b)(2) or (3) of such title.
(e) Termination of Authority.--Notwithstanding section
8903(e) of title 40, United States Code, the authority to
establish the memorial under this section shall expire on
October 24, 2015.