[House Report 107-719]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-719

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   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.

                                
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