[House Report 106-585]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-585
=======================================================================
ADDITION OF COMMEMORATIVE PLAQUE, VIETNAM VETERANS MEMORIAL
_______
April 13, 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
ADDITIONAL VIEWS
[To accompany H.R. 3293]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3293) to amend the law that authorized the Vietnam
Veterans Memorial to authorize the placement within the site of
the memorial of a plaque to honor those Vietnam veterans who
died after their service in the Vietnam war, but as a direct
result of that service, having considered the same, report
favorably thereon with an amendment and recommend that the bill
do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. ADDITION OF COMMEMORATIVE PLAQUE, VIETNAM VETERANS MEMORIAL.
Public Law 96-297 (94 Stat. 827; 16 U.S.C. 431 note), which
authorized the Vietnam Veterans Memorial in the District of Columbia,
is amended by adding at the end the following new section:
``SEC. 5. PLAQUE TO HONOR OTHER VIETNAM VETERANS WHO DIED AS A RESULT
OF SERVICE IN THE VIETNAM WAR.
``(a) Plaque Authorized.--Notwithstanding section 3(c) of the
Commemorative Works Act (40 U.S.C. 1003(c)), the American Battle
Monuments Commission is authorized to place within the Vietnam Veterans
Memorial a suitable plaque containing an inscription intended to honor
those Vietnam veterans who died after their service in the Vietnam war,
but as a direct result of that service, and whose names are not
otherwise eligible for placement on the memorial wall.
``(b) Specifications.--The plaque shall be at least 6 square feet in
size and not larger than 18 square feet in size, and of whatever shape
as the American Battle Monuments Commission determines to be
appropriate for the site. The plaque shall bear an inscription prepared
by the American Battle Monuments Commission.
``(c) Relation to Commemorative Works Act.--Except as provided in
subsection (a), the Commemorative Works Act (40 U.S.C. 1001 et seq.)
shall apply to the design and placement of the plaque within the site
of the Vietnam Veterans Memorial.
``(d) Consultation.--In designing the plaque, preparing the
inscription, and selecting the specific location for the plaque within
the Vietnam Veterans Memorial, the American Battle Monuments Commission
shall consult with the architects of the Vietnam Veterans Memorial
Fund, Inc.
``(e) Funds for Plaque.--Federal funds may not be used to design,
procure, or install the plaque. However, the preceding sentence does
not apply to the payment of the salaries, expenses, and other benefits
otherwise authorized by law for members of the American Battle
Monuments Commission or other personnel (including detailees) of the
American Battle Monuments Commission who carry out this section.
``(f) Vietnam Veterans Memorial Defined.--In this section, the term
`Vietnam Veterans Memorial' means the structures and adjacent areas
extending to and bounded by the south curb of Constitution Avenue on
the north, the east curb of Henry Bacon Drive on the west, the north
side of the north Reflecting Pool walkway on the south and a line drawn
perpendicular to Constitution Avenue 200 feet from the east tip of the
memorial wall on the east (this is also a line extended from the east
side of the western concrete border of the steps to the west of the
center steps to the Federal Reserve Building extending to the
Reflecting pool walkway). This is the same definition used by the
National Park Service as of the date of the enactment of this section,
as contained in section 7.96(g)(1)(x) of title 36, Code of Federal
Regulations.''.
Purpose of the Bill
The purpose of H.R. 3293 is to amend the law that
authorized the Vietnam Veterans Memorial to authorize the
placement within the site of the memorial of a plaque to honor
those Vietnam veterans who died after their service in the
Vietnam war, but as a direct result of that service.
Background and Need for Legislation
H.R. 3293 serves to honor those Vietnam veterans whose
names are not technically eligible for placement on the Vietnam
Veterans Memorial wall, but have died as a direct result of
serving in the Vietnam War. Currently, the names on the
Memorial wall honor those military personnel who died during
the conflict. This plaque would commemorate those military
personnel who died afterward and as a direct result of the war.
H.R. 3293 amends Public Law 96-297 which authorized the
Vietnam Veterans Memorial, to authorize the placement of a
plaque within the site of the memorial to honor those Vietnam
veterans who died after their service in the Vietnam War, but
as a direct result of that service. This bill would authorize
the American Battle Monuments Commission to design and place
the plaque and also to prepare an appropriate inscription in
consultation with the Vietnam Veterans Memorial Fund, Inc. This
bill specifies that the plaque contain an appropriate
inscription and be placed within the legal description of the
Vietnam Veterans Memorial in Washington, D.C. Federal funds may
not be used for the design, procurement, and installation of
the plaque.
Committee Action
H.R. 3293 was introduced on November 10, 1999, by
Congressman Elton Gallegly (R-CA). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On March 16,
2000, the Subcommittee held a hearing on the bill. On March 23,
2000, the Subcommittee met to consider the bill. An amendment
was offered by Congressman Gallegly which allowed greater
flexibility for the dimensions of the plaque (at least 6, but
no more than 18 total square feet), exempted the plaque from
Section 3(c) of the Commemorative Works Act, and also provided
that federal funds are still allowable for salaries, expenses,
and benefits for the American Battle Monuments Commission. The
amendment was adopted by voice vote and the bill, as amended,
was then ordered favorably reported to the Full Committee by
voice vote. On April 5, 2000, the Full Resources Committee met
to consider the bill. 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 revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could affect direct spending, but any
such effects would be less than $100,000 annually because
privately-raised funds may be spent by the Department of the
Interior without appropriation for maintenance of the plaque.
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, April 12, 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. 3293, a bill to
amend the law that authorized the Vietnam Veterans Memorial to
authorize the placement within the site of the memorial of a
plaque to honor those Vietnam veterans who died after their
service in the Vietnam war, but as a direct result of that
service.
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. 3293--A bill to amend the law that authorized the Vietnam Veterans
Memorial to authorize the placement within the site of the
memorial of a plaque to honor those Vietnam veterans who died
after their service in the Vietnam war, but as a direct result
of that service
CBO estimates that enacting H.R. 3293 would have no
significant impact on the federal budget. Because the bill
could affect direct spending, pay-as-you-go procedures would
apply. CBO estimates, however, that any such effects would be
less than $100,000 annually. 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.
H.R. 3293 would authorize the American Battle Monuments
Commission to place within the Vietnam Veterans Memorial a
plaque honoring certain veterans who died after their service
in the Vietnam war. A private organization would design and
construct the plaque in accordance with the Commemorative Works
Act and without cost to the federal government. Under the
Commemorative Works Act, any organization 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.
According to the National Park Service (NPS), the Vietnam
War in Memory Memorial, Inc. will finance the design and
construction of the plaque. Based on information provided by
the agency, CBO estimates that the federal government would
receive a deposit of less than $100,000 once the plaque has
been installed. The NPS would then spend a portion of this
amount each year to maintain the memorial. Based on the
experience with 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 collections and spending would offset each other over
time.
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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as 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):
SECTION 5 OF THE ACT OF JULY 1, 1980
AN ACT To authorize the Vietnam Veterans Memorial Fund, Inc., to
establish a memorial
SEC. 5. PLAQUE TO HONOR OTHER VIETNAM VETERANS WHO DIED AS A RESULT OF
SERVICE IN THE VIETNAM WAR.
(a) Plaque Authorized.--Notwithstanding section 3(c) of the
Commemorative Works Act (40 U.S.C. 1003(c)), the American
Battle Monuments Commission is authorized to place within the
Vietnam Veterans Memorial a suitable plaque containing an
inscription intended to honor those Vietnam veterans who died
after their service in the Vietnam war, but as a direct result
of that service, and whose names are not otherwise eligible for
placement on the memorial wall.
(b) Specifications.--The plaque shall be at least 6 square
feet in size and not larger than 18 square feet in size, and of
whatever shape as the American Battle Monuments Commission
determines to be appropriate for the site. The plaque shall
bear an inscription prepared by the American Battle Monuments
Commission.
(c) Relation to Commemorative Works Act.--Except as
provided in subsection (a), the Commemorative Works Act (40
U.S.C. 1001 et seq.) shall apply to the design and placement of
the plaque within the site of the Vietnam Veterans Memorial.
(d) Consultation.--In designing the plaque, preparing the
inscription, and selecting the specific location for the plaque
within the Vietnam Veterans Memorial, the American Battle
Monuments Commission shall consult with the architects of the
Vietnam Veterans Memorial Fund, Inc.
(e) Funds for Plaque.--Federal funds may not be used to
design, procure, or install the plaque. However, the preceding
sentence does not apply to the payment of the salaries,
expenses, and other benefits otherwise authorized by law for
members of the American Battle Monuments Commission or other
personnel (including detailees) of the American Battle
Monuments Commission who carry out this section.
(f) Vietnam Veterans Memorial Defined.--In this section,
the term ``Vietnam Veterans Memorial'' means the structures and
adjacent areas extending to and bounded by the south curb of
Constitution Avenue on the north, the east curb of Henry Bacon
Drive on the west, the north side of the north Reflecting Pool
walkway on the south and a line drawn perpendicular to
Constitution Avenue 200 feet from the east tip of the memorial
wall on the east (this is also a line extended from the east
side of the western concrete border of the steps to the west of
the center steps to the Federal Reserve Building extending to
the Reflecting pool walkway). This is the same definition used
by the National Park Service as of the date of the enactment of
this section, as contained in section 7.96(g)(1)(x) of title
36, Code of Federal Regulations.
ADDITIONAL VIEWS
H.R. 3293 is the most recent in a series of legislative
proposals to add memorials to the National Mall. This
particular measure would authorize a plaque to be placed within
the site of the Vietnam Veterans' Memorial intended to honor
soldiers who died as a result of their service in Vietnam but
who are ineligible for inclusion on the Wall because their
deaths occurred after the war ended. As with most such
proposals, this legislation would honor a worthy group and its
proponents feel that placement other than on the Mall would be
inappropriate.
In this case, we do not oppose the bill's provision
mandating placement of the plaque within the site of the
existing Memorial, given the nexus between the existing
Memorial and the proposed addition. However, the Commemorative
Works Act of 1986 (CWA) was enacted to resolve the growing
conflict between the proliferation of compelling memorial
proposals and ever-shrinking space on the Mall. H.R. 3293
specifically exempts this proposal from the CWA but we continue
to believe that, in most cases, Congress should provide general
authorizations for memorials and allow the process contained
within the CWA to resolve issues such as placement and design.
While we support the intent of H.R. 3293, there is one
significant improvement which must be made in the bill before
this measure is approved by the House. The legislation
identifies a government agency, the American Battle Monuments
Commission (ABMC) as the organization which will oversee
placement of the plaque. Selection of the ABMC for this task is
inappropriate for several important reasons.
First, placement of a plaque at the Vietnam Veterans'
Memorial is inconsistent with the ABMC's mission. The ABMC is
an independent, executive-branch agency which operates 24
cemeteries around the world, burial grounds for nearly 125,000
American war dead. The organization also oversees 27 memorials,
the vast majority of which are located on foreign soil. The
ABMC has had no involvement in the creation or administration
of the Vietnam Veterans' Memorial, as most of its
responsibilities lie overseas. The major exception to this
overseas focus, responsibility for the proposed World War II
Memorial, is likely to occupy most of the ABMC's domestic
efforts.
What's more, the ABMC doesn't want the job. In testimony
before the National Capitol Memorial Commission, the ABMC
stated that, ``responsibility for the design, procurement and
installation of the plaque should rest with either the
proponent or the Vietnam Veteran's Memorial Fund.''
In addition, the ABMC has no mechanism to pay for this
proposed plaque. The legislation specifies that no federal
funds are to be used to, ``design, procure, or install the
plaque.'' While the bill has been amended to exempt,
``salaries, expenses and other benefits'' for ABMC personnel,
it is still unclear where the funds for the plaque itself will
come from. Cost estimates have ranged from $3,000 to more than
$10,000 and the ABMC testified before the Memorial Commission
that they have no mechanism to accept donations for this
specific project. In order for the ABMC to carry out this
responsibility, either such a mechanism must be created, which
would persumably divert funds from the WWII Memorial, or the
funds must come out of the ABMC's ``expense'' budget, money now
being spent on American cemeteries in Europe. Neither of these
options seems attractive.
All of these problems could be avoided by replacing the
ABMC with the Vietnam Veteran's Memorial Fund (VVMF) as the
organization responsible for placing this plaque at the Vietnam
Veteran's Memorial. The VVMF, was founded in 1979 for the
express purpose of erecting a memorial to the Vietnam War on
the National Mall. This organization conceived the idea for the
Memorial, raised the more than $8 million needed for its
construction, conducted the design contest, oversaw
construction, organized the dedication ceremonies and continues
to raise funds for educational programs and maintenance. No
memorial in Washington is more closely associated with one
organization. The VVMF has the historical perspective,
technical expertise and fund-raising ability needed to
implement this legislation properly. Unlike the ABMC, the Fund
has also expressed a desire to oversee this addition to the
Memorial, if that is what Congress decides.
In fact, it is our understanding that the VVMF was the
first choice of the sponsor of this legislation as well,
However, because the Fund raised several concerns regarding
this proposal, they were passed over in favor of the ABMC. In
our view, it is short-sighted and inappropriate to remove the
Fund from decisions which will alter a memorial they built in
favor of an unrelated and unenthusiastic government agency,
simply as means of punishing them for reticence early in the
process. This is particularly true when such a move creates
funding complications which could prove fatal to the entire
project.
As it stands, H.R. 3293 has an obvious flaw. Fortunately an
obvious solution exists and we hope it will be adopted.
George Miller.
Frank Pallone, Jr.
Mark Udall.