[House Report 106-884]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-884

======================================================================



 
                   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.

                                  
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