[House Report 107-719]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-719
======================================================================
AUTHORIZING THE PYRAMID OF REMEMBRANCE FOUNDATION TO ESTABLISH A
MEMORIAL IN THE DISTRICT OF COLUMBIA OR ITS ENVIRONS TO SOLDIERS WHO
HAVE LOST THEIR LIVES DURING PEACEKEEPING OPERATIONS, HUMANITARIAN
EFFORTS, TRAINING, TERRORIST ATTACKS, OR COVERT OPERATIONS
_______
October 3, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 282]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 282) to authorize the Pyramid of Remembrance Foundation
to establish a memorial in the District of Columbia or its
environs to soldiers who have lost their lives during
peacekeeping operations, humanitarian efforts, training,
terrorist attacks, or covert operations, 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. AUTHORITY TO ESTABLISH MEMORIAL.
(a) In General.--The Pyramid of Remembrance Foundation is authorized
to establish a memorial on Federal land within the area designated as
``Area II'' on the map referred to in section 2(e) of the Commemorative
Works Act (40 U.S.C. 1002(e)), to honor members of the Armed Forces of
the United States who have lost their lives during peacekeeping
operations, humanitarian efforts, training, terrorist attacks, or
covert operations.
(b) Compliance With Standards for Commemorative Works.--The Pyramid
of Remembrance Foundation shall establish the memorial authorized by
this Act in accordance with the Commemorative Works Act (40 U.S.C.
1001, et seq.), except that subsection (b) and (c) of section 3 of that
Act shall not apply.
SEC. 2. FUNDS FOR MEMORIAL.
(a) Use of Federal Funds Prohibited.--Except as provided by the
Commemorative Works Act, no Federal funds may be used to pay any
expense of the establishment of the memorial.
(b) Deposit of Excess Funds.--If--
(1) upon payment of all expenses of the establishment of the
memorial, including payment to the Treasury of the maintenance
and preservation amount required by section 8(b) of the
Commemorative Works Act; or
(2) upon expiration of the authority for the memorial under
section 10(b) of the Commemorative Works Act,
there remains a balance of funds received for the establishment of the
memorial, the Pyramid of Remembrance Foundation shall transmit that
balance to the Secretary of the Treasury for deposit in the account
provided for in section 8(b)(1) of the Commemorative Works Act.
PURPOSE OF THE BILL
The purpose of H.R. 282 is to authorize the Pyramid of
Remembrance Foundation to establish a memorial in the District
of Columbia or its environs to soldiers who have lost their
lives during peacekeeping operations, humanitarian efforts,
training, terrorist attacks, or covert operations.
BACKGROUND AND NEED FOR LEGISLATION
Following the horrifying image of a U.S. soldier being
dragged through the streets of Mogadishu, Somalia, students
from Riverside High School in Painesville, Ohio, began a
campaign to have a monument--``a pyramid of remembrance''--
constructed in Washington, DC, to commemorate those whose
heroism has been overlooked--those who died in peacekeeping
operations, humanitarian missions, terrorists attacks, and
training exercises.
Since the time the monument idea was conceived, the Pyramid
of Remembrance Foundation, a 501 (c)(3) tax-exempt, non-profit
organization, has been established to manage the fund-raising,
design, and construction for the memorial. The Foundation is a
coalition of students, educators, business people and community
leaders.
Now that the Pyramid of Remembrance Foundation has been
established, H.R. 282 was introduced to authorize the
Foundation to work with the Department of Interior to establish
the memorial in the District of Columbia and its environs.
COMMITTEE ACTION
H.R. 282 was introduced on January 30, 2001, by Congressman
Steven LaTourette (R-OH). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks, Recreation, and Public Lands.
On September 5, 2002, the Subcommittee held a hearing on the
bill. September 12, 2002, the Full Resources Committee met to
consider the bill. The Subcommittee on National Parks,
Recreation, and Public Lands was discharged from further
consideration of H.R. 282 by unanimous consent. Congressman
George Radanovich (R-CA) offered an amendment that authorizes
the placement of the memorial in Area 2 in the District of
Columbia or its environs as described by the Commemorative
Works Act. It was agreed to by unanimous consent. The bill, as
amended, was then 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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, enactment of H.R.
282 would require the federal government to collect 10 percent
of the cost of the memorial under the Commemorative Works Act
to provide for maintenance and preservation. However, the net
budgetary impact of such collections and spending would be
negligible over several years.
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 Pyramid of
Remembrance Foundation to establish a memorial in the District
of Columbia or its environs to soldiers who have lost their
lives during peacekeeping operations, humanitarian efforts,
training, terrorist attacks, or covert operations.
4. Congressional Budget Office Cost Estimate. 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 1, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 282, a bill to
authorize the Pyramid of Remembrance Foundation to establish a
memorial in the District of Columbia or its environs to
soldiers who have lost their lives during peacekeeping
operations, humanitarian efforts, training, terrorist attacks,
or covert operations.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 282--A bill to authorize the Pyramid of Remembrance Foundation to
establish a memorial in the District of Columbia or its
environs to soldiers who have lost their lives during
peacekeeping operations, humanitarian efforts, training,
terrorist attacks, or covert operations
CBO estimates that enacting H.R. 282 would have no
significant impact on the federal budget. The bill 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. Enacting the bill would
effect direct spending and revenues, but we estimate that those
effects would not be significant.
H.R. 282 would authorize the Pyramid of Remembrance
Foundation to establish a memorial in accordance with the
Commemorative Works Act (CSA) without the use of federal funds.
Under the CWA, any association that receives a permit to
construct a memorial in the District of Columbia or its
environs must deposit an amount equal to 10 percent of the
memorial's estimated construction cost in the U.S. Treasury.
The funds deposited are then available without further
appropriation for maintenance and preservation of the memorial.
Based on information provided by the foundation and the
National Park Service, CBO estimates that the federal
government would collect a deposit from the foundation of less
than $500,000 once the memorial has been built. Based on the
history of similar commemorative projects, CBO expects that no
amounts would be received or spent by the federal government
for several years after the bill is enacted. In any case, the
net budgetary impact of such collections and spending would be
negligible over several years.
The CBO staff contact is Deborah Reis. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
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.