[House Report 112-701]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-701
HOUSE OF REPRESENTATIVES
2d Session Part 1
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FRANK BUCKLES WORLD WAR I MEMORIAL ACT
_______
December 12, 2012.--Ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 6364]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 6364) to establish a commission to ensure a
suitable observance of the centennial of World War I, to
designate memorials to the service of members of the United
States Armed Forces in World War I, including a National World
War I Memorial on the National Mall in the District of
Columbia, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Frank Buckles World
War I Memorial Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Establishment of World War I Centennial Commission.
Sec. 5. Duties of Centennial Commission.
Sec. 6. Powers of Centennial Commission.
Sec. 7. Centennial Commission personnel matters.
Sec. 8. Termination of Centennial Commission.
Sec. 9. Designation of National World War I Museum and Memorial in
Kansas City, Missouri.
Sec. 10. Establishment of National World War I Memorial in the District
of Columbia.
Sec. 11. Prohibition on obligation of Federal funds.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) From 2014 through 2018, the United States and nations
around the world will mark the centennial of World War I,
including the entry of the United States into the war in April
1917.
(2) America's support of Great Britain, France, Belgium, and
its other allies in World War I marked the first time in United
States history that American soldiers went abroad in defense of
liberty against foreign aggression, and it marked the true
beginning of the ``American century''.
(3) Although World War I was at the time called ``the war to
end all wars'', in fact the United States would commit its
troops to the defense of foreign lands 3 more times in the 20th
century.
(4) More than 4,000,000 men and women from the United States
served in uniform during World War I, among them 2 future
presidents, Harry S. Truman and Dwight D. Eisenhower. Two
million individuals from the United States served overseas
during World War I, including 200,000 naval personnel who
served on the seas. The United States suffered 375,000
casualties during World War I, including 116,516 deaths.
(5) The events of 1914 through 1918 shaped the world, the
United States, and the lives of millions of people.
(6) The centennial of World War I offers an opportunity for
people in the United States to learn about and commemorate the
sacrifices of their predecessors.
(7) Commemorative programs, activities, and sites allow
people in the United States to learn about the history of World
War I, the United States involvement in that war, and the war's
effects on the remainder of the 20th century, and to
commemorate and honor the participation of the United States
and its citizens in the war effort.
(8) While the other great conflicts of the 20th century,
World War II, the Korean War, and the Vietnam War, have
national memorials on the Mall in Washington, DC, there
currently exists no national memorial honoring the service of
the United States and its citizens in World War I.
(9) In 1921, the people of Kansas City, Missouri, dedicated a
site in that city for a memorial to the service of Americans in
World War I, a ceremony attended by General John J. Pershing
and military leaders of Great Britain, France, Belgium, and
Italy. In 1924, the cornerstone of the 217-foot Liberty
Memorial Tower was laid. On Armistice Day 1926, President
Calvin Coolidge delivered the key note address at the
Memorial's dedication ceremony. The Memorial and surrounding
grounds were completed in 1938, with an inscription that reads
``In Honor of Those Who Served in the World War in Defense of
Liberty and Our Country.''.
(10) The 106th Congress recognized the Liberty Memorial as a
national symbol of World War I.
(11) The 108th Congress designated the museum at the base of
the Liberty Memorial as ``America's National World War I
Museum''. The museum preserves the story of World War I, and
educates and enlightens people about this significant event.
SEC. 3. DEFINITIONS.
In this Act--
(1) America's national world war i museum.--The term
``America's National World War I Museum'' means the Liberty
Memorial Museum in Kansas City, Missouri, as recognized by
Congress in section 1031(b) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2045).
(2) Centennial commission.--The term ``Centennial
Commission'' means the World War I Centennial Commission
established by section 4(a).
(3) Memorial foundation.--The term ``Memorial Foundation''
means the World War I Memorial Foundation authorized to
establish the National World War I Memorial in the District of
Columbia under section 10.
(4) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
SEC. 4. ESTABLISHMENT OF WORLD WAR I CENTENNIAL COMMISSION.
(a) Establishment.--There is established a commission to be known as
the ``World War I Centennial Commission''.
(b) Membership.--
(1) Composition.--The Centennial Commission shall be composed
of 12 members as follows:
(A) Two members who shall be appointed by the Speaker
of the House of Representatives.
(B) One member who shall be appointed by the minority
leader of the House of Representatives.
(C) Two members who shall be appointed by the
majority leader of the Senate.
(D) One member who shall be appointed by the minority
leader of the Senate.
(E) Three members who shall be appointed by the
President from among persons who are broadly
representative of the people of the United States
(including members of the Armed Forces, veterans, and
representatives of veterans service organizations).
(F) One member who shall be appointed by the
executive director of the Veterans of Foreign Wars of
the United States.
(G) One member who shall be appointed by the
executive director of the American Legion.
(H) One member who shall be appointed by the
president of the Liberty Memorial Association.
(2) Time for appointment.--The members of the Centennial
Commission shall be appointed not later than 60 days after the
date of the enactment of this Act.
(3) Period of appointment.--Each member shall be appointed
for the life of the Centennial Commission.
(4) Vacancies.--A vacancy in the Centennial Commission shall
be filled in the manner in which the original appointment was
made.
(c) Meetings.--
(1) Initial meeting.--
(A) In general.--Not later than 30 days after the
date on which all members of the Centennial Commission
have been appointed, the Centennial Commission shall
hold its first meeting.
(B) Location.--The location for the meeting held
under subparagraph (A) shall be the America's National
World War I Museum.
(2) Subsequent meetings.--
(A) In general.--The Centennial Commission shall meet
at the call of the Chair.
(B) Frequency.--The Chair shall call a meeting of the
members of the Centennial Commission not less
frequently than once each year.
(C) Location.--Not less frequently than once each
year, the Centennial Commission shall meet at the
America's National World War I Museum.
(3) Quorum.--Seven members of the Centennial Commission shall
constitute a quorum, but a lesser number may hold hearings.
(d) Chair and Vice Chair.--The Centennial Commission shall select a
Chair and Vice Chair from among its members.
SEC. 5. DUTIES OF CENTENNIAL COMMISSION.
(a) In General.--The duties of the Centennial Commission are as
follows:
(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 relating 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.
(5) To develop recommendations for Congress and the President
for commemorating the centennial of World War I.
(b) Reports.--
(1) Periodic report.--Not later than the last day of the 6-
month period beginning on the date of the enactment of this
Act, and not later than the last day of each 3-month period
thereafter, the Centennial Commission shall submit to Congress
and the President a report on the activities and plans of the
Centennial Commission.
(2) Recommendations.--Not later than 2 years after the date
of the enactment of this Act, the Centennial 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.
SEC. 6. POWERS OF CENTENNIAL COMMISSION.
(a) Hearings.--The Centennial Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence as the Centennial Commission considers appropriate to carry
out its duties under this Act.
(b) Powers of Member and Agents.--If authorized by the Centennial
Commission, any member or agent of the Centennial Commission may take
any action which the Centennial Commission is authorized to take under
this Act.
(c) Information From Federal Agencies.--The Centennial Commission
shall secure directly from any Federal department or agency such
information as the Centennial Commission considers necessary to carry
out the provisions of this Act. Upon the request of the Chair of the
Centennial Commission, the head of such department or agency shall
furnish such information to the Centennial Commission.
(d) Administrative Support Services.--Upon the request of the
Centennial Commission, the Administrator of the General Services
Administration shall provide to the Centennial Commission, on a
reimbursable basis, the administrative support services necessary for
the Centennial Commission to carry out its responsibilities under this
Act.
(e) Contract Authority.--
(1) In general.--Except as provided in paragraph (2), the
Centennial Commission is authorized--
(A) to procure supplies, services, and property; and
(B) to make or enter into contracts, leases, or other
legal agreements.
(2) Limitation.--The Centennial Commission may not enter into
any contract, lease, or other legal agreement that extends
beyond the date of the termination of the Centennial Commission
under section 8(a).
(f) Postal Services.--The Centennial Commission may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(g) Gifts, Bequests, and Devises.--The Centennial Commission shall
accept, use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purpose of covering the costs
incurred by the Centennial Commission to carry out its duties under
this Act.
SEC. 7. CENTENNIAL COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Centennial Commission
shall serve without compensation for such service.
(b) Travel Expenses.--Each member of the Centennial Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
in accordance with the applicable provisions of title 5, United States
Code.
(c) Staff.--
(1) In general.--The Chair of the Centennial Commission
shall, in consultation with the members of the Centennial
Commission, appoint an executive director and such other
additional personnel as may be necessary to enable the
Centennial Commission to perform its duties.
(2) Compensation.--
(A) In general.--Subject to subparagraph (B), the
Chair of the Centennial Commission may fix the
compensation of the executive director and any other
personnel appointed under paragraph (1).
(B) Limitation.--The Chair of the Centennial
Commission may not fix the compensation of the
executive director or other personnel appointed under
paragraph (1) at a rate that exceeds the rate of
payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(C) Work location.--If the city government for Kansas
City, Missouri, and the Liberty Memorial Association
make space available in the building in which the
America's National World War I Museum is located, the
executive director of the Centennial Commission and
other personnel appointed under paragraph (1) shall
work in such building to the extent practical.
(d) Detail of Government Employees.--Upon request of the Centennial
Commission, the head of any Federal department or agency may detail, on
a reimbursable basis, any employee of that department or agency to the
Centennial Commission to assist it in carrying out its duties under
this Act.
(e) Procurement of Temporary and Intermittent Services.--The Chair of
the Centennial Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(f) Source of Funds.--Gifts, bequests, and devises of services or
property, both real and personal, received by the Centennial Commission
under section 6(g) shall be the only source of funds to cover the costs
incurred by the Centennial Commission under this section.
SEC. 8. TERMINATION OF CENTENNIAL COMMISSION.
(a) In General.--The Centennial Commission shall terminate on the
earlier of--
(1) the date that is 30 days after the date the completion of
the activities under this Act honoring the centennial
observation of World War I; or
(2) July 28, 2019.
(b) Application of Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the activities of the Centennial
Commission under this Act.
(2) Exception.--Section 14(a)(2) of such Act shall not apply
to the Centennial Commission.
SEC. 9. DESIGNATION OF NATIONAL WORLD WAR I MUSEUM AND MEMORIAL IN
KANSAS CITY, MISSOURI.
(a) In General.--The Liberty Memorial of Kansas City at America's
National World War I Museum in Kansas City, Missouri, is hereby
designated as the ``National World War I Museum and Memorial''.
(b) Ceremonies.--The Centennial Commission may plan, develop, and
execute ceremonies to recognize the designation of the Liberty Memorial
of Kansas City as the National World War I Museum and Memorial.
SEC. 10. ESTABLISHMENT OF NATIONAL WORLD WAR I MEMORIAL IN THE DISTRICT
OF COLUMBIA.
(a) Authority to Establish Commemorative Work.--The World War I
Memorial Foundation may establish a commemorative work on Federal land
in the District of Columbia and its environs to consist of an
appropriate sculptural or other commemorative elements to serve as the
National World War I Memorial.
(b) Limitation on Size of Memorial.--The National World War I
Memorial may not exceed 0.5 acres in size.
(c) Compliance With Standards for Commemorative Works.--
(1) In general.--Chapter 89 of title 40, United States Code,
shall apply to the establishment of the National World War I
Memorial in the District of Columbia and its environs.
(2) Exception from prohibition on additional commemorative
works in reserve.--Section 8908(c) of title 40, United States
Code, does not apply with respect to the selection of the site
for the National World War I Memorial.
(3) No infringement upon existing memorial.--The site
selected for the National World War I Memorial may not infringe
upon or adversely impact the District of Columbia War Memorial.
(d) Limitation on Total Cost.--The total cost to design and construct
the National World War I Memorial may not exceed $10,000,000.
(e) Deposit of Excess Funds.--The Memorial Foundation shall transmit
to the Secretary of the Treasury for deposit in the account provided
for in section 8906(b)(3) of title 40, United States Code--
(1) any funds that remain after payment of all expenses
incurred in the establishment of the National World War I
Memorial (including payment of the amount for maintenance and
preservation required under section 8906(b) of that title); or
(2) any funds that remain for the establishment of the
commemorative work on expiration of the authority for the
commemorative work under section 8903(e) of that title.
(f) Ceremonies.--The Centennial Commission may plan, develop, and
execute ceremonies to recognize the establishment of the National World
War I Memorial.
(g) Memorial Area Defined.--In this section, the term ``District of
Columbia and its environs'' has the meaning given that term in section
8902(a)(2) of title 40, United States Code.
SEC. 11. PROHIBITION ON OBLIGATION OF FEDERAL FUNDS.
No Federal funds may be obligated to carry out this Act.
Amend the title so as to read:
A bill to establish a commission to ensure a suitable
observance of the centennial of World War I, to provide for the
designation of memorials to the service of members of the
United States Armed Forces in World War I, and for other
purposes.
PURPOSE OF THE BILL
The purpose of H.R. 6364, as ordered reported, is to
establish a commission to ensure a suitable observance of the
centennial of World War I, and to provide for the designation
of memorials to the service of members of the United States
Armed Forces in World War I.
BACKGROUND AND NEED FOR LEGISLATION
From 1914 to 1918, World War I (WWI) took 116,516 American
lives. To commemorate those lives, the people of Kansas City,
Missouri, created a memorial with a 217 foot tower in 1938. The
106th Congress recognized the memorial as a national symbol of
WWI.
The District of Columbia War Memorial was dedicated in 1931
in memory of the 499 D.C. residents who died in WWI. Although
situated among the World War II Memorial, Korean War, and
Vietnam Memorials, the D.C. War Memorial is not a national
memorial.
The legislation designates the Kansas City work as the
``National World War I Museum and Memorial'' in an effort to
raise its visibility as the centennial approaches.
Rather than redesignating the D.C. WWI Memorial as a
national memorial, H.R. 6364 authorizes the World War I
Memorial Foundation to create a commemorative work, such as a
sculpture, to be placed on federal lands in the District of
Columbia. The legislation further authorizes that the new
memorial may be placed on the ``reserve'' of the National Mall,
an area that was placed off-limits to new construction by the
108th Congress. However, the inclusion of the WWI work will
complete the memorials to those who served in the great wars of
the 20th century and will set a high standard beyond what the
Committee foresees as attainable for other additions to the
reserve. This narrow exemption does not reflect the Committee's
intent to authorize commemorative works on the National Mall in
the future.
The legislation also creates a 12 member commission that
would be charged with organizing activities to commemorate the
100th anniversary of the war. The commissioners would serve
without pay and federal funds are prohibited for any project
authorized by the legislation.
During Full Committee markup, an amendment offered by
Congressman Rob Bishop (R-UT) was adopted to reduce the
authorized footprint of the WWI Memorial from 1.5 acres to .5.
While H.R. 6364 directed that the WWI Memorial be placed in the
vicinity of Constitution Gardens on the National Mall, the
amendment authorizes the Foundation to consider additional
federal lands in the District of Columbia, and on the National
Mall, including the reserve.
COMMITTEE ACTION
H.R. 6364 was introduced on September 10, 2012, by
Congressman Ted Poe (R-TX). The bill was referred to the
Committee on Oversight and Government Reform, and in addition
to the Committee on Natural Resources. Within the Resources
Committee, the bill was referred to the Subcommittee on
National Parks, Forests and Public Lands. On September 11,
2012, the Subcommittee held a hearing on the bill. On December
5, 2012, the Full Natural Resources Committee met to consider
the bill. The Subcommittee on National Parks, Forests and
Public Lands was discharged by unanimous consent. Congressman
Rob Bishop (R-UT) offered amendment designated .084 to the
bill; the amendment was approved by unanimous consent. The
bill, as amended, was then adopted and 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 6364--Frank Buckles World War I Memorial Act
H.R. 6364 would establish a commission to plan, develop,
and execute programs, projects, and activities to commemorate
the 100th anniversary of the First World War. The 12-member
commission would be required to submit various reports to the
Congress on its activities and recommendations for
commemorating the event. The commission would terminate 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 to complete its work.
In addition, the legislation would authorize the World War
I Memorial Foundation to establish a National World War I
Memorial in Washington, D.C., without federal funds, and it
would designate the Liberty Memorial in Kansas City, Kansas, as
the ``National World War I Museum and Memorial.''
Based on the costs of similar commissions and commemorative
projects, CBO estimates that H.R. 6364 would cost about $4
million over the 2013-2017 period, subject to appropriation of
the necessary amounts. Those funds would be used to plan,
develop, and carry out activities and to prepare reports.
Enacting H.R. 6364 would affect direct spending because it
would authorize the commission to accept and spend monetary
gifts, and the World War I Foundation would be required to
provide funds to maintain the memorial authorized for
Washington, D.C. Therefore, pay-as-you-go procedures apply.
However, CBO estimates that the net effect on direct spending
would be insignificant. Enacting H.R. 6364 would not affect
revenues.
H.R. 6364 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. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. Based on the costs of similar
commissions and commemorative projects, CBO estimates that H.R.
6364 would cost about $4 million over the 2013-2017 period,
subject to appropriation of the necessary amounts. Those funds
would be used to plan, develop, and carry out activities and to
prepare reports. Enacting H.R. 6364 would affect direct
spending because it would authorize the commission to accept
and spend monetary gifts, and the World War I Foundation would
be required to provide funds to maintain the memorial
authorized for Washington, D.C. Therefore, pay-as-you-go
procedures apply. However, CBO estimates that the net effect on
direct spending would be insignificant.
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, as ordered reported, is to establish a
commission to ensure a suitable observance of the centennial of
World War I, and to provide for the designation of memorials to
the service of members of the United States Armed Forces in
World War I.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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.
DISSENTING VIEWS
The Majority has taken an honorable idea, commemorating
those who fought in America's First Great War, and needlessly
complicated the memorialization process by overriding important
protections for the National Mall embodied in the Commemorative
Works Act.
Section 8908 of the Commemorative Works Act prohibits
development of new memorials within a reserved area generally
represented by the cross-axis extending from the U.S. Capitol
to the Lincoln Memorial and the White House to the Jefferson
Memorial. Since 2003, it has been the view of both Republican
and Democratic Congresses that the Reserve is a completed work
of civic art within which no more development is to take place,
including new memorials.
H.R. 6364, as amended, requires the World War I Memorial
Foundation to work with the National Park Service, Fine Arts
Commission, and the National Capitol Planning Commission to
find an acceptable site and design for a memorial honoring
World War I veterans. However, H.R. 6364 allows, for the first
time in a decade, the potential for the development of a new
memorial within the Reserve. While we are confident that the
artistic and architectural experts involved in the process will
find a suitable location elsewhere, this is a troubling
precedent that we oppose.
We are not alone in our objections. The National Park
Service expressed ``serious concerns about the placement of any
new commemorative work in the Reserve.'' They further noted
that an existing national memorial to World War I veterans
already exists in Washington, D.C. in Pershing Park. This
location, on Pennsylvania Avenue between 14th and 15th Streets,
could be enhanced to recognize an important era in American
history.
Those who served and lost their lives in World War I should
be honored. However, even the contemplation of additional
development within the Reserve sends the wrong signals to
proponents of this and other future memorials.
Edward J. Markey.
Raul M. Grijalva.