[House Report 111-329]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-329
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
WORLD WAR I MEMORIAL AND CENTENNIAL ACT OF 2009
_______
November 5, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Towns, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 1849]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 1849) to designate the Liberty
Memorial at the National World War I Museum in Kansas City,
Missouri, as the National World War I Memorial, to establish
the World War I centennial commission to ensure a suitable
observance of the centennial of World War I, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Legislative History.............................................. 10
Section-by-Section............................................... 10
Explanation of Amendments........................................ 11
Committee Consideration.......................................... 12
Roll Call Votes.................................................. 12
Application of Law to the Legislative Branch..................... 12
Statement of General Performance Goals and Objectives............ 12
Constitutional Authority Statement............................... 12
Federal Advisory Committee Act................................... 12
Unfunded Mandate Statement....................................... 12
Earmark Identification........................................... 12
Committee Estimate............................................... 12
Budget Authority and Congressional Budget Office Cost Estimate... 13
Changes in Existing Law Made by the Bill, as Reported............ 14
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War I Memorial and Centennial
Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 4,000,000 men and women from the United States
served in uniform in the defense of liberty during World War I,
among them two future presidents, Harry S. Truman and Dwight D.
Eisenhower.
(2) 2,000,000 individuals from the United States served
overseas during World War I, including 200,000 naval personnel
who served on the seas.
(3) The United States suffered 375,000 casualties during
World War I.
(4) The events of 1914 through 1918 shaped the world, our
country, and the lives of millions of people in countless ways.
(5) The centennial of World War I offers an opportunity for
people in the United States to learn about the sacrifices of
their predecessors.
(6) Commemorative efforts allow people in the United States
to gain a historical understanding of the type of conflicts
that cause countries to go to war and how those conflicts are
resolved.
(7) Kansas City is home to the Liberty Memorial and America's
National World War I Museum (as so recognized in the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375)).
(8) America's National World War I Museum seeks--
(A) to preserve the history of World War I; and
(B) to educate and enlighten people about this
significant event, the consequences of which are still
with us.
(9) Kansas City is home to the national headquarters for the
Veterans of Foreign Wars.
(10) Missouri is the home State of General John Joseph
Pershing, who commanded the American Expeditionary Forces in
Europe during World War I.
(11) The Kansas City area is the home of the Harry S. Truman
Presidential Library and Museum.
(12) The Dwight David Eisenhower Presidential Library and
Museum is located close to Kansas City in the neighboring State
of Kansas.
(13) There is no nationally recognized memorial honoring the
service of Americans who served in World War I.
(14) In 1919, the people of Kansas City, Missouri, expressed
an outpouring of support and raised more than $2,000,000 in two
weeks for a memorial to the service of Americans in World War
I. That fundraising was an accomplishment unparalleled by any
other city in the United States irrespective of population and
reflected the passion of public opinion about World War I,
which had so recently ended.
(15) Following the drive, a national architectural
competition was held by the American Institute of Architects
for designs for a memorial to the service of Americans in World
War I, and the competition yielded a design by architect H. Van
Buren Magonigle.
(16) On November 1, 1921, more than 100,000 people witnessed
the dedication of the site for the Liberty Memorial in Kansas
City, Missouri. That dedication marked the only time in history
that the five allied military leaders; Lieutenant General Baron
Jacques of Belgium, General Armando Diaz of Italy, Marshal
Ferdinand Foch of France, General John J. Pershing of the
United States, and Admiral Lord Earl Beatty of Great Britain,
were together at one place.
(17) General Pershing noted at the November 1, 1921,
dedication that ``[t]he people of Kansas City, Missouri, are
deeply proud of the beautiful memorial, erected in tribute to
the patriotism, the gallant achievements, and the heroic
sacrifices of their sons and daughters who served in our
country's armed forces during the World War. It symbolized
their grateful appreciation of duty well done, an appreciation
which I share, because I know so well how richly it is
merited''.
(18) During an Armistice Day ceremony in 1924, President
Calvin Coolidge marked the beginning of a three-year
construction project for the Liberty Memorial by the laying of
the cornerstone of the memorial.
(19) The 217-foot Liberty Memorial Tower has an inscription
that reads ``In Honor of Those Who Served in the World War in
Defense of Liberty and Our Country'' as well as four stone
``Guardian Spirits'' representing courage, honor, patriotism,
and sacrifice, which rise above the observation deck, making
the Liberty Memorial a noble tribute to all who served in World
War I.
(20) During a rededication for the Liberty Memorial in 1961,
World War I veterans and former Presidents Harry S. Truman and
Dwight D. Eisenhower recognized the memorial as a constant
reminder of the sacrifices during World War I and the progress
that followed.
(21) The 106th Congress recognized the Liberty Memorial as a
national symbol of World War I.
(22) The National World War I Museum is the only public
museum in the United States specifically dedicated to the
history of World War I.
(23) The National World War I Museum is known throughout the
world as a major center of World War I remembrance.
SEC. 3. DESIGNATION OF THE LIBERTY MEMORIAL AT THE NATIONAL WORLD WAR I
MUSEUM IN KANSAS CITY, MISSOURI, AS THE NATIONAL
WORLD WAR I MEMORIAL.
The Liberty Memorial at the National World War I Museum in Kansas
City, Missouri, is hereby designated as the ``National World War I
Memorial''.
SEC. 4. COMMISSION ON THE COMMEMORATION OF THE CENTENNIAL OF WORLD WAR
I.
(a) Establishment.--There is established a commission to be known as
the World War I Centennial Commission (in this Act referred to as the
``Commission'').
(b) Purpose.--The purpose of the Commission is to ensure a suitable
observance of the centennial of World War I that promotes the values of
honor, courage, patriotism, and sacrifice, in keeping with the
representation of these values through the four Guardian Spirits
sculpted on the Liberty Memorial Monument at America's National World
War I Museum.
(c) Duties.--The Commission shall have the following duties:
(1) To plan, develop, and execute programs, projects, and
activities to commemorate the centennial of World War I.
(2) To encourage private organizations and State and local
governments to organize and participate in activities
commemorating the centennial of World War I.
(3) To facilitate and coordinate activities throughout the
United States related to the centennial of World War I.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of World War I.
(d) Membership.--
(1) Number and appointment.--The Commission shall be composed
of 24 members as follows:
(A) Four members appointed by the Speaker of the
House of Representatives.
(B) Three members appointed by the minority leader of
the House of Representatives.
(C) Four members appointed by the Senate majority
leader.
(D) Three members appointed by the Senate minority
leader.
(E) Seven members who are broadly representative of
the people of the United States (including members of
the armed services and veterans), appointed by the
President.
(F) The executive director of the Veterans of Foreign
Wars of the United States (or the director's delegate).
(G) The executive director of the American Legion (or
the director's delegate).
(H) The president of the Liberty Memorial
Association, the nonprofit entity responsible for the
management of America's National World War I Museum (or
the president's delegate).
(2) Ex officio members.--The Archivist of the United States
and the Secretary of the Smithsonian Institution shall serve in
an ex officio capacity on the Commission to provide advice and
information to the Commission.
(3) Continuation of membership.--If a member of the
Commission under subparagraph (F), (G), or (H) of paragraph (1)
ceases to hold a position named in such subparagraph, that
member must resign from the Commission as of the date that the
member ceases to hold that position.
(4) Terms.--Each member shall be appointed for the life of
the Commission.
(5) Deadline for appointment.--All members of the Commission
shall be appointed not later than 90 days after the date of the
enactment of this Act.
(6) Vacancies.--A vacancy on the Commission shall--
(A) not affect the powers of the Commission; and
(B) be filled in the manner in which the original
appointment was made.
(7) Pay.--Members shall not receive compensation for the
performance of their duties on behalf of the Commission.
(8) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with the applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(9) Quorum.--A majority of members of the Commission plus one
shall constitute a quorum, but a lesser number may hold
hearings.
(10) Chairperson; vice chairperson.--The Commission shall
elect the Chairperson and Vice Chairperson of the Commission by
a majority vote of the members of the Commission.
(11) Meetings.--
(A) In general.--The Commission shall meet at the
call of the Chairperson, except that the first meeting
shall be held before the end of the 120-day period
beginning on the effective date of this Act.
(B) Location.--The Commission shall hold the first
meeting at America's National World War I Museum in
Kansas City, Missouri, and thereafter shall hold at
least one meeting per year at such location.
(e) Director and Additional Personnel of the Commission; Experts and
Consultants.--
(1) Director and staff.--
(A) Appointment.--The Chairperson of the Commission
shall, in consultation with the members of the
Commission, appoint an executive director and such
other additional personnel as may be necessary to
enable the Commission to perform its duties.
(B) Pay.--The executive director and staff of the
Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that the rate of pay for the executive director and
other staff may not exceed the rate payable for level V
of the Executive Schedule under section 5316 of such
title.
(C) Work location.--If the city government for Kansas
City, Missouri, and the nonprofit organization which
administers America's National World War I Museum make
space available, the executive director and any
additional personnel appointed under subparagraph (A)
shall work in the building that houses that museum.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(3) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any personnel of that
department or agency to the Commission to assist it in carrying
out its duties under this Act.
(f) Powers of the Commission.--
(1) Hearings and sessions.--For the purpose of carrying out
this Act, the Commission may hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate.
(2) Powers of members and agents.--If authorized by the
Commission, any member or agent of the Commission may take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission shall secure
directly from any department or agency of the United States
information necessary to enable it to carry out this Act. Upon
the request of the Chairperson of the Commission, the head of
that department or agency shall furnish that information to the
Commission.
(4) Gifts, bequests, and devises.--
(A) Acceptance by commission.--The Commission may
accept, use, and dispose of gifts, bequests, or devises
of services or property, both real and personal, for
the purpose of aiding or facilitating the work of the
Commission.
(B) Deposit and availability.--Gifts, bequests, or
devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall
be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(5) Mails.--The Commission may use the United States mails in
the same manner and under the same conditions as other
departments and agencies of the United States.
(6) Administrative support services.--Upon the request of the
Commission, the Administrator of General Services shall provide
to the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out its
responsibilities under this Act.
(7) Contract authority.--The Commission is authorized to
procure supplies, services, and property and to make or enter
in contracts, leases, or other legal agreements; except that
any contract, lease, or other legal agreement made or entered
into by the Commission may not extend beyond the date of
termination of the Commission.
(g) Reports.--
(1) Periodic report.--Beginning not later than the last day
of the 3-month period beginning on the effective date of this
Act, and the last day of each 3-month period thereafter, the
Commission shall submit to Congress and the President a report
on the activities and plans of the Commission.
(2) Annual reports.--The Commission shall submit to the
President and Congress annual reports on the revenue and
expenditures of the Commission, including a list of each gift,
bequest, or devise to the Commission with a value of more than
$250, together with the identity of the donor of each gift,
bequest, or devise.
(3) Recommendations.--Not later than 2 years after the
effective date of this Act, the Commission shall submit to
Congress and the President a report containing specific
recommendations for commemorating the centennial of World War I
and coordinating related activities.
(h) Federal Advisory Committee Act Waiver.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), relating to the termination of
advisory committees, shall not apply to the Commission.
(i) Authorization of Funds.--
(1) In general.--There is authorized to be appropriated to
the Commission to carry out this Act $500,000 for each of
fiscal years 2010 through 2019.
(2) Availability.--Amounts made available under this
subsection shall remain available until the termination of the
Commission as described in subsection (k).
(j) Annual Audit.--For any fiscal year for which the Commission
receives an appropriation of funds, the Inspector General of the
Department of the Interior shall perform an audit of the Commission,
shall make the results of any audit performed available to the public,
and shall transmit such results to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(k) Termination.--The Commission shall terminate on the earlier of
the date that is 30 days after the activities honoring the centennial
observation of World War I are carried out, or July 28, 2019.
(l) Effective Date.--This section shall take effect on January 1,
2010.
PURPOSE AND SUMMARY
H.R. 1849, the World War I Memorial and Centennial Act of
2009, was introduced by Reps. Emanuel Cleaver, Todd Akin, Roy
Blunt, Russ Carnahan, Wm. Lacy Clay, Jo Ann Emerson, Sam
Graves, Blaine Luetkemeyer, and Ike Skelton on April 1, 2009.
The bill designates the Liberty Memorial at the National World
War I Museum in Kansas City, Missouri, as the National World
War I Memorial. It also establishes a commission, the World War
I Centennial Commission, to ensure a suitable observance of the
centennial of World War I.
BACKGROUND AND NEED FOR LEGISLATION
This bill would designate a nationally-recognized memorial
honoring the service of Americans who served in World War I. No
such memorial currently exists. The bill also establishes a
commission to plan, develop, and coordinate the commemoration
of the centennial of the conflict.
The following letters from the American Legion, Veterans of
Foreign Wars, and the National World War I Museum at Liberty
Memorial express the groups' support for the measure.
LEGISLATIVE HISTORY
H.R. 1849, the World War I Memorial and Centennial Act of
2009, was introduced by Reps. Emanuel Cleaver, Todd Akin, Roy
Blunt, Russ Carnahan, Wm. Lacy Clay, Jo Ann Emerson, Sam
Graves, Blaine Luetkemeyer, and Ike Skelton on April 1, 2009,
and was referred to the Committee on Oversight and Government
Reform and the Committee on Natural Resources. The Committee on
Oversight and Government Reform ordered the bill, as amended,
to be favorably reported by unanimous consent.
SECTION-BY-SECTION
Section 1. Short title
The short title of this bill is the World War I Memorial
and Centennial Act of 2009.
Section 2. Findings
This section outlines the findings of Congress on the
history of World War I and the lack of a nationally recognized
memorial to the service of Americans in that conflict.
Section 3. Designation of the Liberty Memorial at the National World
War I Museum in Kansas City, Missouri, as the National World
War I Memorial
This section designates the Liberty Memorial at the
National World War I Museum in Kansas City, Missouri, as the
``National World War I Memorial''.
Section 4. Commission on the Commemoration of the Centennial of World
War I
Subsection (a) establishes a commission to be known as the
World War I Centennial Commission. Subsection (b) states the
Commission's purpose, ``to ensure a suitable observance of the
centennial of World War I that promotes the values of honor,
courage, patriotism, and sacrifice, in keeping with the
representation of these values through the four Guardian
Spirits sculpted on the Liberty Memorial Monument at America's
National World War I Museum.''
Subsection (c) lists the duties of the Commission: to plan
and execute programming and activities for the commemoration of
the centennial, to encourage private organizations to take part
in activities to commemorate the centennial, to facilitate and
coordinate activities throughout the country, and to collect
and disseminate information about events and plans for the
centennial.
Subsection (d) outlines the membership of the Commission,
setting it at 24 members and detailing their appointment. It
also details the terms and conditions of membership, the
filling of vacancies, and Commission meetings.
Subsection (e) directs the Chairperson of the Commission to
appoint an executive director and other necessary personnel. It
also outlines the terms and conditions of their employment.
Subsection (f) outlines the powers of the Commission,
including the power to hold hearings, take testimony, and to
obtain any official data necessary to carry out the Act. The
Commission may also accept, use, and dispose of gifts,
bequests, or devises of services or property, both real and
personal, for the purpose of aiding or facilitating the work of
the Commission. Gifts, bequests, or devises of money and
proceeds from the sale of property shall be deposited in the
Treasury and shall be available for disbursement upon the order
of the Commission. This subsection also gives the Commission
the same authority to use the United States mails as other
departments and agencies of the United States. It directs GSA
to provide to the Commission, on a reimbursable basis,
administrative support services necessary to carry out its
responsibilities under this Act, and authorizes the procurement
of supplies, services, and property through contracts that may
not extend beyond the date of termination of the Commission.
Subsection (g) directs the Commission to submit to the
President and the Congress reports on the activities and plans
of the Commission, reports on the revenue and expenditures of
the Commission, and reports with recommendations to the
President and the Congress for commemorating the centennial of
World War I and coordinating related activities.
Subsection (h) waives the application of Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) to the
Commission.
Subsection (i) authorizes the appropriation to the
Commission of $500,000 for each of fiscal years 2010 through
2019, until the termination of the Commission as described in
subsection (k).
Subsection (j) directs the Inspector General of the
Department of the Interior to perform an audit of the
Commission for any fiscal year in which the Commission receives
an appropriation of funds.
Subsection (k) states that the Commission shall terminate
on the earlier of the date that is 30 days after the activities
honoring the centennial observation of World War I are carried
out, or July 28, 2019.
Subsection (l) states that this section shall take effect
on January 1, 2010.
EXPLANATION OF AMENDMENTS
An amendment in the nature of a substitute was adopted by
unanimous consent. The amendment made several technical changes
to the measure. It adds the Archivist of the United States and
the Secretary of the Smithsonian as ex officio members of the
Commission. It extends the deadline for the appointment of
members of the Commission to 90 days. It clarifies that
vacancies on the Commission shall not affect the Commission's
powers. It states that members of the Commission shall not
receive compensation for the performance of their duties. It
clarifies that a majority of members of the Commission plus one
shall constitute a quorum. It states that the Chairperson and
Vice Chairperson of the Commission shall be elected by majority
vote of the members of the Commission. It waives the provisions
of title 5, U.S.C., governing appointments in the competitive
service, for the appointment of the executive director and
staff of the Commission. It directs the Commission to submit
annual reports on the revenue and expenditures of the
Commission to the President and the Congress. It directs the
Inspector General of the Department of the Interior to perform
audits of the Commission for any fiscal year in which the
Commission receives an appropriation of funds.
COMMITTEE CONSIDERATION
On Thursday, October 29, 2009, the Committee met in open
session and favorably ordered H.R. 1849 to be reported to the
House by unanimous consent.
ROLL CALL VOTES
No roll call votes were held.
APPLICATION OF LAW TO THE LEGISLATIVE BRANCH
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to terms and conditions of
employment or access to public services and accommodations. The
bill does not relate to employment or access to public services
and accommodations.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, including the finding that there is no
nationally recognized memorial to the service of Americans in
World War I.
CONSTITUTIONAL AUTHORITY STATEMENT
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 1849. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
FEDERAL ADVISORY COMMITTEE ACT
The Committee finds that the legislation establishes an
advisory committee within the definition of 5 U.S.C. App.,
Section 5(b).
UNFUNDED MANDATE STATEMENT
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
EARMARK IDENTIFICATION
H.R. 1849 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI.
COMMITTEE ESTIMATE
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 that would be incurred in carrying out
H.R. 1849. 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.
BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirements of 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 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 1849 from the Director of
the Congressional Budget Office:
November 2, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform,
U.S. House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1849, the World
War I Memorial and Centennial Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1849--World War I Memorial and Centennial Act of 2009
H.R. 1849 would designate the Liberty Memorial at the
National World War I Museum in Kansas City, Missouri, as the
National World War I Memorial. In addition, the legislation
would establish a commission to plan, develop, and execute
programs, projects, and activities to commemorate the 100th
anniversary of the First World War. The 24-member commission
would have to submit various reports to the Congress on its
activities and recommendations for commemorating the event. The
commission would terminate by July 28, 2019. All commission
members would serve without pay but would be reimbursed for
travel expenses. In addition, the commission could hire staff
and use personnel detailed from other federal agencies.
Finally, the bill would authorize the appropriation of $500,000
annually over the 2010-2019 period for the commission's
expenses.
Assuming appropriation of the specified amount, CBO
estimates that the commission would spend about $2 million over
the 2010-2014 period to plan, develop, and carry out
commemorative activities and to prepare reports. Because H.R.
1849 would authorize the commission to accept and use gifts,
enacting the legislation could have a negligible impact on
offsetting receipts and associated direct spending.
H.R. 1849 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 for this estimate is Matthew
Pickford. This estimated was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
The bill as reported makes no changes to existing law.