[House Report 109-548]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-548

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      TO AMEND PUBLIC LAW 106-348 TO EXTEND THE AUTHORIZATION FOR 
ESTABLISHING A MEMORIAL IN THE DISTRICT OF COLUMBIA OR ITS ENVIRONS TO 
HONOR VETERANS WHO BECAME DISABLED WHILE SERVING IN THE ARMED FORCES OF 
                           THE UNITED STATES

                                _______
                                

 July 10, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4275]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4275) to amend Public Law 106-348 to extend the 
authorization for establishing a memorial in the District of 
Columbia or its environs to honor veterans who became disabled 
while serving in the Armed Forces of the United States, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 4275 is to amend Public Law 106-348 to 
extend the authorization for establishing a memorial in the 
District of Columbia or its environs to honor veterans who 
became disabled while serving in the Armed Forces of the United 
States.

                  Background and Need for Legislation

    In 2000 under Public Law 106-348, Congress authorized the 
Disabled Veterans' LIFE Memorial Foundation (DVLMF) to 
establish a memorial in the District of Columbia or its 
environs to honor veterans who became disabled while serving in 
the Armed Forces of the United States. While the DVLMF has 
already secured a site from the National Park Service and a 
final design has been chosen, the Foundation needs more time to 
secure the funds necessary for the memorial's construction. 
Although the Foundation is making progress in obtaining private 
funds for the memorial, its charter under Public Law 106-348 
will expire at the end of 2007. Extending its charter until 
2015 would give the Foundation ample time to secure funding and 
complete construction.

                            Committee Action

    H.R. 4275 was introduced on November 9, 2005, by 
Congresswoman Sue W. Kelly (R-NY). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks. On May 25, 2006, the 
Subcommittee held a hearing on the bill. On June 21, 2006, the 
Full Resources Committee met to consider the bill at which time 
the Subcommittee on National Parks was discharged from further 
consideration of the bill by unanimous consent. No amendments 
were offered and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent.

                   Constitutional Authority Statement

    Article IV, section 3, clause 2 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, 
thisbill does not contain any new budget authority, spending authority, 
credit authority, or an increase or decrease in revenues or tax 
expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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:

H.R. 4275--A bill to amend Public Law 106-348 to extend the 
        authorization for establishing a memorial in the District of 
        Columbia or its environs to honor veterans who became disabled 
        while serving in the Armed Forces of the United States

    H.R. 4275 would extend until October 24, 2015, the 
authority to establish a memorial to honor veterans who became 
disabled while serving in the Armed Forces. The extension would 
give the Disabled Veterans' LIFE Memorial Foundation (the 
site's sponsor) an additional eight years to obtain the 
necessary funds and complete the project. Under current law, 
authority to construct the site will expire on October 24, 
2007.
    Because the prospective memorial would be established with 
nonfederal funds, extending the authority to build it would not 
affect the federal budget. H.R. 4275 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    The CBO staff contact for this estimate 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 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 1 OF PUBLIC LAW 106-348

SECTION 1. MEMORIAL TO HONOR DISABLED VETERANS OF THE UNITED STATES 
                    ARMED FORCES.

    (a) * * *
    (b) Compliance With Standards for Commemorative Works.--The 
establishment of the memorial shall be in accordance with the 
Commemorative Works Act (40 U.S.C. 1001 et seq.), except that 
section 8903(e) of title 40, United States Code, shall not 
apply and the authorization for this Act shall expire on 
October 24, 2015.

           *       *       *       *       *       *       *

    (d) Deposit of Excess Funds.--If, upon payment of all 
expenses of the establishment of the memorial (including the 
maintenance and preservation amount required under section 8(b) 
of the Commemorative Works Act (40 U.S.C. 1008(b))), or upon 
expiration of the authority for the memorial [under section 
10(b) of such Act (40 U.S.C. 1010(b))] under subsection (b), 
there remains a balance of funds received for the establishment 
of the memorial, the Disabled Veterans' LIFE Memorial 
Foundation shall transmit the amount of the balance to the 
Secretary of the Treasury for deposit in the account provided 
for in section 8(b)(1) of such Act (40 U.S.C. 1008(b)(1)).

                                  
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