[House Report 113-705]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-705
======================================================================
DWIGHT D. EISENHOWER MEMORIAL COMMISSION REFORM ACT
_______
December 22, 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
together with
DISSENTING VIEWS
[To accompany H.R. 5203]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 5203) to enhance the operation of the Dwight D.
Eisenhower Memorial Commission, 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 ``Dwight D. Eisenhower Memorial
Commission Reform Act''.
SEC. 2. DWIGHT D. EISENHOWER MEMORIAL.
(a) Amendments.--Section 8162 of Public Law 106-79 (40 U.S.C. 8903
note) is amended as follows:
(1) In subsection (c)--
(A) in paragraph (2) by striking ``Members of the
Senate'' and inserting ``persons''; and
(B) in paragraph (3), by striking ``Members of the
House of Representatives'' and inserting ``persons''.
(2) By redesignating subsections (f), (g), (h), (i), (j),
(k), (l), (m), (n), (o), (p), and (q) as subsections (g), (h),
(i), (j), (k), (l), (m), (n), (o), (p), (q), and (r),
respectively.
(3) By inserting after subsection (e) the following:
``(f) Appointments.--Each appointment of a Commission member shall be
made in consultation with the Eisenhower Foundation, a section
501(c)(3) public foundation located in Abilene, Kansas.''.
(b) Termination of Commission Membership and Staff; Records.--
(1) Termination of membership.--The term as a member of the
Dwight D. Eisenhower Memorial Commission of each individual
serving as such a member on the date of the enactment of this
Act is hereby terminated.
(2) Staff.--The employment as Executive Director and other
staff of the Commission of each individual so employed on the
date of the enactment of this Act is hereby terminated
effective on the date that is 30 days after the date of
enactment of this Act.
(3) Records.--Any records of the Commission in existence on
the date that the staff is no longer employed by the Commission
under paragraph (2) shall be retained by the General Services
Administration or the Secretary of the Interior until such time
as a new Dwight D. Eisenhower Memorial Commission is appointed
and staffed. The records of the former Commission shall be
transferred to the newly appointed Commission as soon as
possible.
Purpose of the Bill
The purpose of H.R. 5203 is to enhance the operation of the
Dwight D. Eisenhower Memorial Commission.
Background and Need for Legislation
In 1999, Public Law 106-79 established the Eisenhower
Memorial Commission to create and build ``an appropriate
permanent memorial to Dwight D. Eisenhower . . . to perpetuate
his memory and his contributions to the United States.'' The
Commission is composed of 12 members: four are selected from
the Senate, four from the House of Representatives, and the
President chooses four others.
The Commission has worked since then to select a site for
the memorial, choose an architect, approve a design, and see it
built. In 2006, Congress approved as the memorial site the
square located across Independence Avenue from the National Air
and Space Museum, north of the Department of Education.
The completion of the memorial has been put in jeopardy by
a controversial design and extraordinary cost. H.R. 5203 moves
the memorial forward by providing for a new commission to bring
leadership to the bumbled process.
President Eisenhower's place in history as an American icon
is well understood, and a memorial in his honor will help
ensure that future generations have the opportunity to
appreciate his legacy. However, the memorial as currently
conceived has been divisive and failed to meet the basic
requirements of the Commemorative Works Act (CWA).
Specifically, the CWA calls for memorials in Washington, D.C.
to be ``constructed of durable material suitable to the outdoor
environment'' in a ``permanent manner.'' The Committee on
Natural Resources remains concerned that the most ``permanent''
aspect of the current design would be the maintenance, repair,
and replacement cost of its experimental steel mesh screens,
which the designer calls ``tapestries.'' It remains to be
established how the mesh would endure the harsh District of
Columbia climate, debris, and other environmental factors.
Marble, granite, limestone, and bronze are materials that have
been time-tested over millennia. They are not just durable;
they have proven themselves to be permanent.
The current design also fails to comply with the purpose of
the CWA: to preserve the integrity of the L'Enfant and McMillan
Plans for the Nation's Capital. The Committee notes that this
is an unambiguous requirement of the CWA and that the current
design violates the L'Enfant Plan by inserting enormous 80-
foot-by-10-foot columns in the 160-foot Maryland Avenue right-
of-way.
In the course of Committee legislative and oversight
hearings, it has been established that the competition that
selected the current designer was not open to the general
public. The procedure employed by the Commission, which
contracted with the General Services Administration (GSA), was
narrow, restrictive, and undemocratic. The GSA ``Design
Excellence'' competition process that was used is designed to
choose architects for complex federal buildings, but it is not
at all suited for public memorials. While recent competitions
for memorials in the National Mall area considered thousands of
entries, the Eisenhower Commission relied on a shadowy
portfolio evaluation process, which included only 44 entrants,
and ultimately considered only four ``design visions.'' The
selection suggests that the designer choice was less about an
appropriate tribute to President Eisenhower and more about the
reputation and fame of the designer.
Furthermore, an investigation completed by the Natural
Resources Committee revealed that standard procedure for the
Design Excellence program was not followed. It was weighted in
such a way that the application of the chosen architect
received an advantage.
A work of this magnitude deserves the participation,
ingenuity, and creativity of the public. Such a narrow design
competition serves only to intimidate the innovative thinking
of designers and architects around the country and misses an
opportunity to engage and excite Americans about the memorial.
To invite the widest possible participation, the newly-
constituted Commission should conduct an open competition and
selection process. There should be no entry fee, and the only
requirements are that a designer is over 18 years of age and a
U.S. citizen. The designer for the competition may be, but is
not limited to, an architect, landscape architect, urban
designer, artist, teacher, student, veteran, or a collaboration
of any of these. To ensure that all entrants have an equal and
fair chance, in the initial stage of the competition, entries
should be submitted anonymously and evaluated blindly. Every
American should have the opportunity to submit a proposal for
the Eisenhower Memorial.
The Committee recognizes that consensus around a work of
this significance can be elusive, but the degree of discord in
this instance is extraordinary. President Eisenhower's own
descendants have astutely described problems of design and
process with respect to the current proposal. Through Committee
hearings, the united Eisenhower family encapsulated the views
of the general public. John Eisenhower, President Eisenhower's
son and former U.S. Ambassador to Belgium, counseled that
``taxpayers and donors alike will be better served with an
Eisenhower Square that is a green open space with a simple
statue in the middle.'' Although there is no legal requirement
that the Eisenhowers support the design, the Committee urges
the Commission to consider it a policy of common sense that the
descendants ought to be proud of the memorial.
The Committee directs the Commission to seek a design that
is modest but beautiful and dignified. It should be self-
explanatory so that ordinary Americans will understand the
ideas being conveyed without the need of a visitor center or
guide. The Committee agrees, as stated in a hearing on the
memorial, ``Monuments speak to us without signage. They are not
ink blots that leave things to the interpretation of the
visitor. Monuments are statements, not question marks.''
H.R. 5203 will turn over the Commission membership and
staff, allowing for the selection of a broad range of
individuals to serve. Currently, two-thirds of the seats are
held exclusively for Members of the House and Senate.
Commissioners will be selected in consultation with Eisenhower
Foundation, a nonprofit organization in Kansas dedicated to the
legacy of President Eisenhower. Henceforth, appointments will
be made with additional input from the experts on Eisenhower.
Current commissioners may be reappointed to the panel.
The Committee anticipates that the next Eisenhower
Commission will expand its focus on raising private dollars.
While federal appropriations have supplemented recent
memorials, funding has been largely private. Documents supplied
to the Committee demonstrate that private fundraising efforts
of the Commission have been unsuccessful to the tune of
negative $1 million. While the authorizing legislation did not
require private dollars, the ability or inability to raise
private funds has a natural effect of regulating the cost of a
project. The price tag of the current proposal is over $142
million. The Committee determined through its hearings that
appropriate memorials can be built for significantly less
money, and avoid the divisive criticism accompanying an
ostentatious design. In fact, the existing, unspent
appropriations should be adequate to correct course and launch
a private fundraising effort to complete the memorial.
Committee Action
H.R. 5203 was introduced on July 25, 2014, by Congressman
Rob Bishop (R-UT) and was referred to the Committee on Natural
Resources. On July 30, 2014, the Natural Resources Committee
met to consider the bill. Congressman Bishop offered an
amendment designated #1 to the bill; the amendment was adopted
by unanimous consent. No further amendments were offered, and
the bill, as amended, was 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. 5203--Dwight D. Eisenhower Memorial Commission Reform Act
H.R. 5203 would terminate the appointments of the current
members of the Dwight D. Eisenhower Memorial Commission and
terminate the employment of the Executive Director and staff of
the Commission. The President, the Speaker of the House, and
the President Pro Tempore of the Senate would appoint new
members of the Commission. CBO estimates that implementing the
bill would have no significant effect on the federal budget.
Enacting H.R. 5203 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 5203 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.
On July 11, 2013, CBO transmitted a cost estimate for H.R.
1126, the Dwight D. Eisenhower Memorial Completion Act, as
ordered reported by the House Committee on Natural Resources on
June 12, 2013. H.R. 5203 is similar to provisions in H.R. 1126
regarding the commission's membership and staff. However, H.R.
1126 also would direct the commission to select an alternative
design. The CBO cost estimates reflect that difference.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Peter H. Fontaine,
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. CBO estimates that implementing
the bill would have no significant effect on the federal
budget.
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 enhance the operation of the
Dwight D. Eisenhower Memorial Commission.
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 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 italics, existing law in which no change
is proposed is shown in roman):
SECTION 8162 OF PUBLIC LAW 106-79
Sec. 8162. Dwight D. Eisenhower Memorial. (a) Findings.--
Congress finds that--
(1) the people of the United States feel a deep debt
of gratitude to Dwight D. Eisenhower, who served as
Supreme Commander of the Allied Forces in Europe in
World War II and subsequently as 34th President of the
United States; and
(2) an appropriate permanent memorial to Dwight D.
Eisenhower should be created to perpetuate his memory
and his contributions to the United States.
(b) Commission.--There is established a commission to be
known as the ``Dwight D. Eisenhower Memorial Commission''
(referred to in this section as the ``Commission'').
(c) Membership.--The Commission shall be composed of--
(1) four persons appointed by the President, not more
than two of whom may be members of the same political
party;
(2) four [Members of the Senate] persons appointed by
the President Pro Tempore of the Senate in consultation
with the Majority Leader and Minority Leader of the
Senate, of which not more than two appointees may be
members of the same political party; and
(3) four [Members of the House of Representatives]
persons appointed by the Speaker of the House of
Representatives in consultation with the Majority
Leader and Minority Leader of the House of
Representatives, of which not more than two appointees
may be members of the same political party.
(d) Chair and Vice Chair.--The members of the Commission
shall select a Chair and Vice Chair of the Commission. The
Chair and Vice Chair shall not be members of the same political
party.
(e) Vacancies.--Any vacancy in the Commission shall not
affect its powers if a quorum is present, but shall be filled
in the same manner as the original appointment.
(f) Appointments.--Each appointment of a Commission member
shall be made in consultation with the Eisenhower Foundation, a
section 501(c)(3) public foundation located in Abilene, Kansas.
[(f)] (g) Meetings.--
(1) Initial meeting.--Not later than 45 days after
the date on which a majority of the members of the
Commission have been appointed, the Commission shall
hold its first meeting.
(2) Subsequent meetings.--The Commission shall meet
at the call of the Chair.
[(g)] (h) Quorum.--A majority of the members of the
Commission shall constitute a quorum but a lesser number of
members may hold hearings.
[(h)] (i) No Compensation.--A member of the Commission shall
serve without compensation, but may be reimbursed for expenses
incurred in carrying out the duties of the Commission.
[(i)] (j) Duties.--The Commission shall consider and
formulate plans for such a permanent memorial to Dwight D.
Eisenhower, including its nature, design, construction, and
location.
[(j)] (k) Powers of the Commission.--
(1) In general.--
(A) Powers.--The Commission may--
(i) make such expenditures for
services and materials for the purpose
of carrying out this section as the
Commission considers advisable from
funds appropriated or received as gifts
for that purpose;
(ii) solicit and accept contributions
to be used in carrying out this section
or to be used in connection with the
construction or other expenses of the
memorial;
(iii) hold hearings and enter into
contracts;
(iv) enter into contracts for
specialized or professional services as
necessary to carry out this section;
and
(v) take such actions as are
necessary to carry out this section.
(B) Specialized or professional services.--
Services under subparagraph (A)(iv) may be--
(i) obtained without regard to the
provisions of title 5, United States
Code, including section 3109 of that
title; and
(ii) may be paid without regard to
the provisions of title 5, United
States Code, including chapter 51 and
subchapter III of chapter 53 of that
title.
(2) Gifts of property.--The Commission may accept
gifts of real or personal property to be used in
carrying out this section, including to be used in
connection with the construction or other expenses of
the memorial.
(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide
any information or other assistance to the Commission
that the head of the Federal department or agency
determines to be appropriate.
(4) Powers of members and agents.--
(A) In general.--If authorized by the
Commission, any member or agent of the
Commission may take any action that the
Commission is authorized to take under this
section.
(B) Architect.--The Commission may appoint an
architect as an agent of the Commission to--
(i) represent the Commission on
various governmental source selection
and planning boards on the selection of
the firms that will design and
construct the memorial; and
(ii) perform other duties as
designated by the Chairperson of the
Commission.
(C) Treatment.--An authorized member or agent
of the Commission (including an individual
appointed under subparagraph (B)) providing
services to the Commission shall be considered
an employee of the Federal Government in the
performance of those services for the purposes
of chapter 171 of title 28, United States Code,
relating to tort claims.
(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
[(k)] (l) Reports.--The Commission shall--
(1) report the plans under subsection (i), together
with recommendations, to the President and the Congress
at the earliest practicable date; and
(2) in the interim, make annual reports on its
progress to the President and the Congress.
[(l)] (m) Applicability of Other Laws.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
[(m)] (n) Authority to Establish Memorial.--
(1) In general.--The Commission may establish a
permanent memorial to Dwight D. Eisenhower on land
under the jurisdiction of the Secretary of the Interior
in the District of Columbia or its environs.
(2) 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.).
(3) Expiration.--Any reference in section 8903(e) of
title 40, U.S.C. to the expiration at the end of, or
extension beyond, a 7-year period shall be considered
to be a reference to an expiration on, or extension
beyond, September 30, 2014.
[(n)] (o) Memorial Fund.--
(1) Establishment.--There is created in the Treasury
a fund for the memorial to Dwight D. Eisenhower that
includes amounts contributed under subsection (j)(2).
(2) Use of fund.--The fund shall be used for the
expenses of establishing the memorial.
(3) Interest.--The Secretary of the Treasury shall
credit to the fund the interest on obligations held in
the fund.
[(o)] (p) Staff and Support Services.--
(1) In general.--
(A) Powers.--The Commission may--
(i) make such expenditures for
services and materials for the purpose
of carrying out this section as the
Commission considers advisable from
funds appropriated or received as gifts
for that purpose;
(ii) solicit and accept contributions
to be used in carrying out this section
or to be used in connection with the
construction or other expenses of the
memorial;
(iii) hold hearings and enter into
contracts;
(iv) enter into contracts for
specialized or professional services as
necessary to carry out this section;
and
(v) take such actions as are
necessary to carry out this section.
(B) Specialized or professional services.--
Services under subparagraph (A)(iv) may be--
(i) obtained without regard to the
provisions of title 5, United States
Code, including section 3109 of that
title; and
(ii) may be paid without regard to
the provisions of title 5, United
States Code, including chapter 51 and
subchapter III of chapter 53 of that
title.
(2) Gifts of property.--The Commission may accept
gifts of real or personal property to be used in
carrying out this section, including to be used in
connection with the construction or other expenses of
the memorial.
(3) Federal cooperation.--At the request of the
Commission, a Federal department or agency may provide
any information or other assistance to the Commission
that the head of the Federal department or agency
determines to be appropriate.
(4) Powers of members and agents.--
(A) In general.--If authorized by the
Commission, any member or agent of the
Commission may take any action that the
Commission is authorized to take under this
section.
(B) Architect.--The Commission may appoint an
architect as an agent of the Commission to--
(i) represent the Commission on
various governmental source selection
and planning boards on the selection of
the firms that will design and
construct the memorial; and
(ii) perform other duties as
designated by the Chairperson of the
Commission.
(C) Treatment.--An authorized member or agent
of the Commission (including an individual
appointed under subparagraph (B)) providing
services to the Commission shall be considered
an employee of the Federal Government in the
performance of those services for the purposes
of chapter 171 of title 28, United States Code,
relating to tort claims.
(5) Travel.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
[(p)] (q) Authorization of Appropriations.--There are
authorized to be appropriated such sums as necessary to carry
out this section.
[(q)] (r) Appropriation of Funds.--In addition to amounts
provided elsewhere in this Act, there is appropriated to the
Commission $300,000, to remain available until expended.
DISSENTING VIEWS
H.R. 5203--DWIGHT D. EISENHOWER MEMORIAL COMMISSION
REFORM ACT
H.R. 5203 terminates the current membership of the Dwight
D. Eisenhower Memorial Commission. New members will be selected
under the terms of the Commemorative Works Act. In addition,
the bill terminates the tenure of the commission's staff and
Executive Director.
In 1999, Congress authorized the Dwight D. Eisenhower
Memorial and tasked the Eisenhower Memorial Commission with
selecting a design and site for the permanent memorial. Since
its selection in 2009, the design by architect Frank Gehry,
which was chosen using guidelines outlined by the General
Services Administration's Design Excellence Program, has been
contentious, primarily due to concerns about its viability and
vision expressed by certain members of the Eisenhower family.
The Committee held an oversight hearing on the status of
the design and its selection process in the 112th Congress.
This was followed up by a legislative hearing on H.R. 1126
(``Dwight D. Eisenhower Memorial Completion Act''), which, in
addition to removing the members of the commission and its
staff, requires the establishment of a new competition to
select a new design. The Congressional Budget Office determined
that H.R. 1126 would cost $17 million over a four year period,
primarily due to the costs of a new competition.
The sponsors of H.R. 1126 and this bill seem intent on
forcing the selection of a new design for the memorial.
However, since the Natural Resources Committee never held a
hearing on H.R. 5203, its intent is unclear. A new commission
with a new Executive Director and staff could further delay
completion of the project and will not necessarily result in
the selection of a new design. If it does turn out that a new
commission conducts a new design competition, the projected
cost of $17 million stays the same and enactment of this bill
costs money even though it doesn't show up in the CBO score.
Congress passed the Commemorative Works Act to ensure that
memorials are designed in an independent, professional process
that is outside the influence of politics. H.R. 5203 violates
that spirit.
Peter DeFazio,
Ranking Member, Committee on
Natural Resources.
Rauul Grijalva,
Ranking Member Subcommittee
on Public Lands and
Environmental
Regulation.