[Senate Report 113-141]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 339
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-141

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                    WORLD WAR II MEMORIAL PRAYER ACT

                                _______
                                

                 March 31, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1044]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1044) to direct the secretary of the 
Interior to install the area of the World War II Memorial in 
the District of Columbia a suitable plaque or an inscription 
with the words that President Franklin D. Roosevelt prayed with 
the United States on D-Day, June 6, 1944, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 1044 is to direct the Secretary of the 
Interior to install a suitable plaque or inscription in the 
area of the World War II Memorial in Washington D.C., with the 
words that President Franklin D. Roosevelt said in a prayer 
with the United States on June 6, 1944, the morning of D-Day.

                          BACKGROUND AND NEED

    Public Law 103-32 authorized the World War II Memorial on 
May 23, 1993, and Public Law 103-422 approved the Memorial's 
placement in Washington, D.C. on October 24, 1994. The World 
War II Memorial is located at the Rainbow Pool site on the 
National Mall. World War II is recognized as the single most 
defining event of the 20th Century for both Americans and the 
world. This Memorial honors the members of the Armed Forces who 
served in World War II and it commemorates the participation of 
the United States during the conflict.
    On the morning of the D-Day landings, June 6, 1944, 
President Franklin D. Roosevelt addressed all Americans with a 
prayer for the success of the Armed Forces of the United States 
and its World War II allies. President Roosevelt prayed for all 
the brave men fighting overseas that they would prevail over 
the enemy, protect America, and return safely to their 
families. The prayer asked for the people of the nation to 
devote themselves in a continuance of a prayer for help with 
the war efforts both at home and overseas.
    Under the Commemorative Works Act, memorials and designs 
are approved by the National Capital Memorial Advisory 
Commission, the Commission of Fine Arts, and the Secretary of 
the Interior. S. 1044 would require the addition of President 
Roosevelt's D-Day prayer to the completed World War II 
Memorial. These changes cannot be made without enactment of a 
new law authorizing the Secretary of the Interior to prepare 
and install a suitable plaque or inscription in an area near 
the World War II Memorial.

                          legislative history

    S. 1044 was introduced by Senator Portman on May 23, 2013. 
The bill is cosponsored by Senator Landrieu. The Subcommittee 
on National Parks held a hearing on S. 1044 on July 31, 2013 
(S. Hrg. 113-93). At its business meeting on November 21, 2013 
the Committee ordered S. 1044 favorably reported.
    In the 112th Congress, Senator Portman introduced similar 
legislation, S. 3078, on May 10, 2012. The House of 
Representatives passed a related measure, H.R. 2070, sponsored 
by Representative Johnson of Ohio by a roll call vote of 386-26 
on January 24, 2012. The Senate Subcommittee on National Parks 
held a hearing on S. 3078 on June 27, 2012 (S. Hrg. 112-578).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 21, 2013, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1044.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``World War II 
Memorial Prayer Act of 2013.''
    Section 2 directs the Secretary of the Interior to design, 
procure, prepare and install a plaque or inscription with the 
words of the prayer that President Franklin D. Roosevelt spoke 
on the morning of June 6, 1944, D-Day, in the area of the World 
War II Memorial in the District of Columbia, and prohibits the 
use of Federal funds to prepare or install the plaque or 
inscription.
    Section 3 requires that the design and placement of the 
plaque be done in accordance with the Commemorative Works Act 
(40 U.S.C. Chapter 89).

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1044--World War II Memorial Prayer Act of 2013

    S. 1044 would direct the Secretary of the Interior to 
install within the World War II Memorial in Washington, D.C., 
an inscription of the words President Roosevelt prayed with the 
nation on June 6, 1944. The legislation would direct the 
Secretary to design, procure, and install the inscription; 
however, federal funds could not be used to prepare or install 
the inscription. The Secretary would be authorized to accept 
and spend private donations for the inscription. Under the 
bill, the proposed addition to the memorial would be subject to 
the requirements of the Commemorative Works Act.
    CBO estimates that implementing the legislation would have 
no significant impact on the federal budget. Based on 
information from the National Park Service, CBO estimates that 
the cost to maintain the inscription would be insignificant. 
Enacting S. 1044 would affect direct spending; therefore, pay-
as-you-go procedures apply. However, CBO estimates that the net 
effects of receiving and spending donated funds would be 
insignificant in each year. Enacting S. 1044 would not affect 
revenues.
    S. 1044 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 Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1044.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1044, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1044, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
July 31, 2013, Subcommittee on National Parks hearing on S. 
1044 follows:

     Statement of Stephanie Toothman, Associate Director, Cultural 
Resources, Partnerships, and Science, National Park Service, Department 
                            of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee to present the views of the Department of 
the Interior on S. 1044, a bill which directs the Secretary of 
the Interior to install in the area of the World War II 
Memorial in the District of Columbia a suitable plaque or an 
inscription with the words that President Franklin Delano 
Roosevelt prayed with the United States on D-Day, June 6, 1944.
    The Department appreciates the importance of faith in the 
lives of Americans across this country, the leadership of 
President Roosevelt, and the courage and sacrifices of 
Americans during World War II and today. The World War II 
Memorial recognizes a period of unprecedented national unity 
during the defining moment of the twentieth century, and is 
devoted to the service, commitment, and shared sacrifice of 
Americans.
    The Department appreciates the efforts by the sponsor, 
Senator Rob Portman, to work with the National Park Service 
(NPS) on this legislation. S. 1044 proposes adding a 
commemorative work in the area of the existing World War II 
Memorial. We support the continued application of the 
Commemorative Works Act (CWA). Section 2 of this bill states 
that the Secretary of the Interior shall design, procure, 
prepare, and install the plaque or inscription, thus allowing 
the NPS to determine the placement and design of the plaque. 
However, section 3 of the bill requires a different method of 
designing and locating the plaque or inscription than is 
provided in the CWA. The CWA process incorporates important 
design reviews and public consultation. We support retaining 
the CWA as the vehicle for siting and designing this plaque or 
inscription.
    The World War II Memorial was authorized on May 23, 1993, 
by Public Law 103-32. In 1994, Congress approved its placement 
in the area containing the National Mall in Public Law 103-422. 
Its location at the site of the Rainbow Pool was approved in 
1995 by the NPS on behalf of the Secretary of the Interior, the 
Commission of Fine Arts (CFA), and the National Capital 
Planning Commission (NCPC). In July 1997, the CFA and the NCPC 
reaffirmed prior approvals of the Rainbow Pool site in 
recognition of the significance of World War II as the single-
most defining event of the 20th Century for Americans and the 
world. Even so, there were challenges to the establishment of 
this memorial. The design we see today was painstakingly 
arrived upon after years of public deliberations and spirited 
public debate.
    The National Capital Memorial Advisory Commission (NCMAC) 
reviewed a proposal similar to the one before the committee 
today at its meeting on September 14, 2011, and determined that 
no additional elements should be inserted into this carefully 
designed Memorial. The American Battle Monuments Commission 
(ABMC), charged by the Congress in Public Law 103-32 to design 
and build the World War II Memorial, is represented on the 
NCMAC, and thus concurred with that determination.
    If directed by Congress pursuant to this legislation, the 
NPS will work to find an appropriate location for the plaque in 
accordance with the CWA process, as directed in section 3 of 
this legislation.
    That concludes our prepared testimony on S. 1044, and we 
would be happy to answer any questions you may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1044, as ordered 
reported.

                                  
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