[House Report 106-884]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-884
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RONALD REAGAN MEMORIAL ACT OF 2000
_______
September 22, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4800]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4800) to require the Secretary of the Interior to
identify appropriate lands within the area designated as
section 1 of the Mall in Washington, DC, as the location of a
future memorial to former President Ronald Reagan, to identify
a suitable location, to select a suitable design, to raise
private-sector donations for such a memorial, to create a
Commission to assist in these activities, and for other
purposes, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ronald Reagan Memorial Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Ronald Reagan is an American hero deserving of
recognition by this and future generations of Americans and
visitors from around the world.
(2) As President, Ronald Reagan initiated policies that won
the Cold War, protected and restored freedom and democracy
around the globe, lowered taxes on American citizens, tamed the
economic threats of inflation and economic stagnation, and
ushered in an unprecedented era of peace and prosperity across
the nation, and his contributions merit permanent
memorialization.
(3) The legacies of Ronald Reagan include restoring faith in
our system of democracy and capitalism, returning pride in
being an American, and renewing the honor and decency of the
American Presidency, and are deserving of national recognition.
(4) The contributions of former President Ronald Reagan, and
his status as a preeminent twentieth-century American statesman
and one of the greatest American Presidents, merit and require
a permanent memorialization alongside the other great American
leaders memorialized on the Mall in the District of Columbia.
SEC. 3. AUTHORIZATION OF RONALD REAGAN MEMORIAL; LOCATION AND DESIGN.
(a) Authorization of Ronald Reagan Memorial.--
(1) In general.--The Ronald Reagan Memorial Commission is
authorized to establish the Ronald Reagan Memorial in
accordance with this Act, on Federal lands administered by the
National Park Service in the District of Columbia.
(2) Location.--The memorial shall be situated in a location
that is--
(A) recommended by the Ronald Reagan Memorial
Commission; and
(B) in the area on the Mall west of the Capitol and
east of the Lincoln Memorial, and within the area
referred to in the Commemorative Works Act (40 U.S.C.
1001 et seq.) as Area I.
(b) Duties of the National Capital Memorial Commission and the
Secretary of the Interior.--The National Capital Memorial Commission
and the Secretary of the Interior shall assist the members of the
Ronald Reagan Memorial Commission--
(1) in the preparation of a recommendation to the Congress of
a permanent location for the memorial; and
(2) the selection of a design for the memorial and the
grounds of the memorial.
(c) Detail of Department of the Interior Employees.--The Secretary of
the Interior shall detail to the Ronald Reagan Memorial Commission such
support staff as are necessary to assist the members of the commission
in carrying out its responsibilities.
(d) Beginning of Process.--The Ronald Reagan Memorial Commission
shall begin the process of recommending a location and selecting a
design for the memorial no later than six months after the date of
enactment of this Act.
(e) Marker.--
(1) In general.--The Secretary shall erect, at the site
approved by the Congress for the memorial, a suitable marker
designating the site as the ``Future Site of the Ronald Reagan
Memorial''.
(2) Requirements.--The marker shall be--
(A) installed by the Secretary no later than 3 months
after the date of the enactment of a law approving the
location for the memorial;
(B) no smaller than 3 feet square and constructed of
durable material suitable to the outdoor environment;
and
(C) maintained at the location by the Secretary until
the memorial is completed, dedicated, and open to the
public.
(f) Relationship to the Commemorative Works Act.--Sections 3(c),
7(a)(2), and 8(a)(1) of the Commemorative Works Act (40 U.S.C. 1003(c),
1007(a)(2), 1008(a)(1)) shall not apply to the memorial.
SEC. 4. RONALD REAGAN MEMORIAL COMMISSION.
(a) Establishment.--There is established a commission, to be known as
the Ronald Reagan Memorial Commission. The commission shall--
(1) be comprised of--
(A) the Chairman of the National Capital Memorial
Commission;
(B) one member appointed by the Speaker of the House
of Representatives by no later than 6 months after the
date of the enactment of this Act; and
(C) one member appointed by the majority leader of
the Senate by no later than 6 months after the date of
the enactment of this Act;
(2) be chaired by one of its members, to be designated
jointly by the Speaker of the House of Representatives and the
majority leader of the Senate;
(3) meet no later than one month after its members are
appointed, and at such other times as may be necessary; and
(4) be exempt from the Federal Advisory Committee Act (5
U.S.C. App).
(b) Duties.--The Ronald Reagan Memorial Commission shall--
(1) raise necessary funds from private sector sources to
design, construct, and maintain the memorial;
(2) in cooperation with the National Capital Memorial
Commission and the Secretary of the Interior, determine and
recommend to the Congress a permanent location for the
memorial;
(3) select a design for the memorial from proposals solicited
and accepted from qualified American architects; and
(4) issue a report to the Congress and the President on its
activities every six months after its first meeting, and issue
a final report to the Congress and the President, including a
recommended location and final design for the memorial, no
later than February 6, 2002.
SEC. 5. DEFINITIONS.
In this Act:
(1) Memorial.--The term ``memorial'' means the Ronald Reagan
Memorial authorized by this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
Amend the title so as to read:
A bill to authorize the establishment of a memorial to former
President Ronald Reagan within the area in the District of Columbia
referred to in the Commemorative Works Act as ``Area I'', to provide
for the design and construction of such memorial, and for other
purposes.
PURPOSE OF THE BILL
As reported from the Committee on Resources, the purpose of
H.R. 4800 is to authorize the establishment of a memorial to
former President Ronald Reagan within the area in the District
of Columbia referred to in the Commemorative Works Act as
``Area I'', to provide for the design and construction of such
memorial, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4800 would begin the process of establishing a
Presidential memorial for Ronald Wilson Reagan, the 40th
President of the United States. As President, Ronald Reagan
initiated policies that helped win the Cold War, tamed the
economic stagnation of the early 1980s by cutting taxes and
increasing funding for the national defense, and helped to
return the United States as leader on the world front. In doing
so, President Reagan helped restore the American people's faith
in our system of government and capitalism and returned pride
in being an American.
As reported, the bill creates the Ronald Reagan Memorial
Commission, which is to establish a memorial to President
Reagan on lands administered by the National Park Services on
the National Mall in Washington, D.C. The Commission is to
recommend to Congress a location and select a design for the
memorial. The process of selection of a suitable location and
design for the future memorial would begin no later than six
months after enactment and a final design shall be selected and
reported to Congress and the President no later than February
6, 2002.
The Commission is to consist of three members: (1) the
Chairman of the National Capitol Memorial Commission; (2) one
member appointed by the Speaker of the House; and (3) one
member appointed by the Majority Leader of the Senate. The
Commission would be responsible for raising appropriate funds
from private sector resources for the design, construction and
maintenance of the memorial, and is to issue a report to
Congress and President on its activities every six months from
its first meeting, along with a final report of its findings.
COMMITTEE ACTION
H.R. 4800 was introduced by Congressman Don Young (R-AK) on
June 29, 2000. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On September 13, 2000, the
Resources Committee met to consider the bill. The Subcommittee
on National Parks and Public Lands was discharged from further
consideration of the bill by unanimous consent. Congressman
James V. Hansen offered an amendment in the nature of a
substitute which simplified and clarified language in the
introduced bill, including the responsibilities and duties for
the Ronald Reagan Memorial Commission, the Secretary of the
Interior, and the National Memorial Commission. The amendment
was adopted by voice vote. No further amendments were offered
and the bill, as amended, was ordered favorably reported to the
House of Representatives by voice vote.
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 this
bill could increase revenues and increase direct spending.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
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, September 20, 2000.
Hon. Don Young,
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. 4800, the Ronald
Reagan Memorial Act of 2000.
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. 4800--Ronald Reagan Memorial Act of 2000
H.R. 4800 would establish the Ronald Reagan Memorial
Commission and would authorize the commission to plan for the
establishment of a memorial to the former President on federal
lands in the District of Columbia. The three-member commission
would raise funds from the private sector to design, construct,
and maintain the memorial. It would choose a design for the
memorial from proposals submitted by American architects and
recommend to the Congress a location for the final structure.
(The Congress would have to approve the site in subsequent
legislation.) The bill would direct the National Capital
Memorial Commission and the Secretary of the Interior to assist
the commission in preparing a recommendation for the memorial's
location and carrying out other responsibilities under the
bill. Such assistance would include providing the commission
with support staff.
Assuming appropriation of the necessary amounts, CBO
estimates that the commission and the National Park Service
(NPS) would spend less than $500,000 over the next two years to
solicit and choose a design for the memorial and prepare a
recommendation for its location. The commission would probably
begin collecting and spending private donations during this
period, but the total amount of revenues that the federal
government would receive would depend on the design chosen for
the memorial as well as the success of fundraising efforts.
Based on the cost of similar federal projects, CBO estimates
that revenues from contributions could exceed $50 million. We
expect that contributions would be received over several years
and would probably not exceed $500,000 annually until a design
is chosen. Spending of most of the revenues would require
additional legislation to approve or select a site for the
memorial. This estimate is based on information provided by NPS
and the Office of Management and Budget.
Because the bill could affect revenues and direct spending,
pay-as-you-go procedures would apply. This 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.
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 State, local, or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
H.R. 4800 is the most recent in a series of numerous
legislative proposals to add new memorials to the National
Mall. In this instance, the memorial would honor former
President Ronald Reagan. We oppose this legislation because it
is an unwise deviation from current law which establishes a
formal process for the selection and placement of such
memorials.
In an attempt to resolve the growing conflict between the
proliferation of memorial proposals and ever-shrinking space on
the Mall, Congress passed the Commemorative Works Act of 1986,
or CWA (40 U.S.C. 1001 et seq.), signed into law by President
Reagan. The purpose of the CWA was to create both a standard
approval process and clear criteria governing future monuments.
The process involves approval by three bodies, the National
Capitol Memorial Commission (NCMC), the National Capitol
Planning Commission (NCPC) and the Commission on Fine Arts
(CFA) to insure that all aspects of a proposed memorial are
considered carefully. Each of these bodies offers a unique and
important perspective.
In addition to this approval process, the CWA includes,
among others, a prohibition on any memorial to an individual
being placed on the Mall until after the 25th anniversary of
the individual's death. This insures that no memorial will join
those honoring Washington, Jefferson and Lincoln until the
clear judgment of history supports such placement.
In an attempt to honor former President Reagan, H.R. 4800
destroys these critical elements of the CWA he signed into law.
The bill supplants both the National Capitol Planning
Commission and the Commission on Fine Arts with yet another
body, the Ronald Reagan Memorial Commission, invested with
virtually unchecked authority. Such a deviation from current
law not only deprives this process of critical input from the
NCPC and the CFA but also destroys any possibility that the
merits of this proposal might be judged objectively.
H.R. 4800 also specifically exempts this proposal from the
25-year waiting period. In so doing, the legislation highlights
the reason such a waiting period is important. Former President
Reagan inspires passionate yet divergent feelings in millions
of Americans and such a divergence is precisely why the
Commemorative Works Act requires a waiting period. No part of
the Mall should be set aside until the passage of time has
removed all influence of shifting political opinion from the
approval process and H.R. 4800 needlessly abandons this
reasoned approach. This requirement has been applied to
numerous memorials, including one honoring the Reverend Martin
Luther King, Jr. and that recently completed honoring former
President Franklin D. Roosevelt. The proposal to memorialize a
living former President on the Mall is unprecedented.
Furthermore, it has been recent practice to locate
memorials, when possible, near areas with some nexus to the
person being honored. There are several such sites in the
Washington area which would require no waiting period. The
Ronald Reagan Trade Center Building in downtown Washington is a
beautiful and massive building that would serve as a perfect
setting for a memorial just as the Kennedy Center houses the
memorial to former President Kennedy. Placement at the Ronald
Reagan Washington National Airport might also be appropriate.
Memorials could be placed at these sites now and, if in 25
years it is felt that a third memorial is required, the CWA
process exists to guide placement of a memorial on the Mall.
This legislation has been rushed through the Resources
Committee without subcommittee hearings or markup. Both the
National Capitol Planning Commission and the National Capitol
Memorial Commission oppose H.R. 4800. Insisting on a memorial
that destroys the existing process and faces such strong
opposition threatens to cast a shadow of divisiveness over an
area that is today a symbol of unity and a testament to people
and events revered around the world. We urge our colleagues to
amend this proposal to either select another site or comply
with existing law.
George Miller.
Grace Napolitano.
Robert A. Underwood.
Dale Kildee.
Donna Christensen.
Peter DeFazio.
Tom Udall.