[House Report 113-437]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-437

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        NATIONAL DESERT STORM AND DESERT SHIELD WAR MEMORIAL ACT

                                _______
                                

  May 6, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 503]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 503) to authorize the National Desert Storm 
Memorial Association to establish the National Desert Storm and 
Desert Shield Memorial as a commemorative work in the District 
of Columbia, and for other purposes, 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. SHORT TITLE.

  This Act may be cited as the ``National Desert Storm and Desert 
Shield War Memorial Act''.

SEC. 2. DEFINITIONS.

  For the purposes of this Act:
          (1) Association.--The term ``Association'' means the National 
        Desert Storm Memorial Association, a corporation organized 
        under the laws of the State of Arkansas and described in 
        section 501(c)(3) and exempt from taxation under section 501(a) 
        of the Internal Revenue Code of 1986.
          (2) Memorial.--The term ``memorial'' means the National 
        Desert Storm and Desert Shield Memorial authorized to be 
        established under section 3.

SEC. 3. MEMORIAL TO COMMEMORATE.

  (a) Authorization To Establish Commemorative Work.--The Association 
may establish the National Desert Storm and Desert Shield Memorial as a 
commemorative work, on Federal land in the District of Columbia to 
commemorate and honor those who, as a member of the Armed Forces, 
served on active duty in support of Operation Desert Storm or Operation 
Desert Shield.
  (b) Compliance With Standards for Commemorative Works Act.--The 
establishment of the commemorative work shall be in accordance with 
chapter 89 of title 40, United States Code (commonly known as the 
``Commemorative Works Act'').
  (c) Use of Federal Funds Prohibited.--Federal funds may not be used 
to pay any expense of the establishment of the memorial. The 
Association shall be solely responsible for acceptance of contributions 
for, and payment of the expenses of, the establishment of the memorial.
  (d) Deposit of Excess Funds.--
          (1) If upon payment of all expenses for the establishment of 
        the memorial (including the maintenance and preservation amount 
        required by section 8906(b)(1) of title 40, United States 
        Code), there remains a balance of funds received for the 
        establishment of the commemorative work, the Association shall 
        transmit the amount of the balance to the Secretary of the 
        Interior for deposit in the account provided for in section 
        8906(b)(3) of title 40, United States Code.
          (2) If upon expiration of the authority for the commemorative 
        work under section 8903(e) of title 40, United States Code, 
        there remains a balance of funds received for the establishment 
        of the commemorative work, the Association shall transmit the 
        balance to a separate account with the National Park Foundation 
        for memorials, to be available to the Secretary of the Interior 
        or the Administrator (as appropriate) following the process 
        provided in section 8906(b)(4) of title 40, United States Code, 
        for accounts established under section 8906(b)(2) or (3) of 
        title 40, United States Code.

                          PURPOSE OF THE BILL

    The purpose of H.R. 503 is to authorize the National Desert 
Storm Memorial Association to establish the National Desert 
Storm and Desert Shield Memorial as a commemorative work in the 
District of Columbia.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 503 would authorize the National Desert Storm Memorial 
Association to establish a commemorative work on Federal land 
in the District of Columbia to commemorate and honor members of 
the Armed Forces who served on active duty in support of 
Operation Desert Storm or Operation Desert Shield.
    The precise location would be determined later, but could 
be in the exclusive Area I (as defined the Commemorative Works 
Act), which includes property near the National Mall and is 
reserved for memorials of ``pre-eminent historical and lasting 
significance to the Nation.'' However, as introduced, the 
memorial would not be eligible for placement in ``the 
Reserve,'' which is the cross-axis of park property between the 
White House and the Jefferson Memorial, the Capitol and the 
Lincoln Memorial.
    On November 7, 2012, the National Capital Memorial Advisory 
Commission reviewed the previous version of this bill 
introduced in the 112th Congress. On December 20, 2012, after 
confirming with the Department of Defense that Operations 
Desert Shield and Desert Storm were major military operations, 
the Commission informed the House Committee on Natural 
Resources of its unanimous support for the proposal.
    The work would be planned, constructed, and maintained 
using non-federal funds and unlike recent monuments proposals, 
does not exempt any section of the Commemorative Works Act, 
which was established to place standards and a process for the 
placement of memorials in the Washington, D.C. area.

                            COMMITTEE ACTION

    H.R. 503 was introduced on February 5, 2013, by Congressman 
David P. Roe (R-TN). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On February 26, 
2014, the Subcommittee held a hearing on the bill. On April 9, 
2014, the full Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered an amendment designated #1; the amendment 
was adopted 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. 503--National Desert Storm and Desert Shield War Memorial Act

    H.R. 503 would authorize a nonprofit organization to 
establish a commemorative work on federal lands in the District 
of Columbia. Enacting the legislation would affect direct 
spending; therefore, pay-as-you-go procedures apply. However, 
CBO estimates that the net effect on the budget would not be 
significant in any year. Enacting H.R. 503 would not affect 
revenues.
    The legislation would authorize the National Desert Storm 
Memorial Association to establish a memorial to honor members 
of the armed forces who participated in Operation Desert Storm 
or Operation Desert Shield. The memorial project, which would 
be completed without the use of federal funds, would be subject 
to the requirements of the Commemorative Works Act. Under that 
act, any entity that receives a permit to construct a memorial 
in the District of Columbia or its environs must donate to the 
National Park Foundation (a nonprofit organization) an amount 
equal to 10 percent of the memorial's estimated construction 
cost. That amount, as well as any project funds remaining after 
construction of the memorial, would be available in future 
years for maintenance of the memorial.
    Based on the experience of similar commemorative projects, 
CBO expects that any amounts collected by the federal 
government would not be received for several years and would be 
offset by a transfer to the National Park Foundation (a 
nonfederal entity) soon thereafter.
    H.R. 503 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not impose a cost on state, local, or tribal governments.
    On January 24, 2014, CBO transmitted a cost estimate for S. 
995, the National Desert Storm and Desert Shield War Memorial 
Act, as ordered reported by the Senate Committee on Energy and 
Natural Resources on November 21, 2013. The two bills are 
similar and the CBO cost estimates are the same.
    The CBO staff contact for this estimate is Martin von 
Gnechten. 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, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. CBO estimates that 
the net effect on the budget would not be significant in any 
year.
    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 National Desert 
Storm Memorial Association to establish the National Desert 
Storm and Desert Shield Memorial as a commemorative work in the 
District of Columbia.

                           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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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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