[Senate Report 113-169]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 395
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-169

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        NATIONAL DESERT STORM AND DESERT SHIELD WAR MEMORIAL ACT

                                _______
                                

                  May 22, 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. 995]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 995) 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, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 995 is to authorize the National Desert 
Storm Memorial Association to establish the National Desert 
Storm and Desert Shield Memorial in the District of Columbia.

                          BACKGROUND AND NEED

    On the morning of August 2, 1990, the Iraqi Republican 
Guard invaded and occupied the neighboring country of Kuwait. 
In response to the Iraqi invasion forces, the United States 
launched Operation Desert Shield on August 7, 1990, in order to 
protect Saudi Arabia from invasion. The United States deployed 
two aircraft carriers, USS Dwight D. Eisenhower and USS 
Independence, two battleships, USS Missouri and USS Wisconsin, 
and hundreds of land-based aircraft to Saudi Arabia to commence 
continuous air patrols protecting the Saudi border.
    On November 29, 1990, the U.N. Security Council passed 
Resolution 678, which ordered Iraq to withdraw all troops from 
Kuwait by January 15, 1991. In defiance of the U.N. Resolution, 
Iraqi forces remained in Kuwait and on January 17, 1991, U.S.-
led coalition forces began Operation Desert Storm, an aerial 
bombardment consisting of over 100,000 sorties dropping over 
88,000 tons of bombs. Operation Desert Storm eliminated the 
Iraqi occupying forces in Kuwait and much of the critical 
military and civilian infrastructure in Iraq. Coalition ground 
forces were deployed on February 24, 1991, led by the 1st and 
2nd Marine Divisions and the 1st Light Armored Infantry 
Battalion. Facing 150,000 ground troops and 1,500 tanks, Saddam 
Hussein ordered a full retreat of Kuwait. Military hostilities 
between Coalition and Iraqi forces concluded on February 28, 
1991.
    During Operation Desert Storm and Operation Desert Shield, 
383 American soldiers lost their lives including 148 from 
battle-related action. There is currently no national memorial 
commemorating either operation.

                          LEGISLATIVE HISTORY

    Senators Boozman and Donnelly introduced S. 995 on May 21, 
2013. The Subcommittee on National Parks held a hearing on S. 
995 on July 31, 2013 (S. Hrg. 113-93). At its business meeting 
on November 21, 2013, the Committee ordered S. 995 favorably 
reported.

                        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. 995.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``National Desert 
Storm and Desert Shield Memorial Act.''
    Section 2 defines key terms used in the bill.
    Section 3(a) authorizes the National Desert Storm Memorial 
Association to establish the National Desert Storm and Desert 
Shield Memorial 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.
    Subsection (b) requires that the memorial be established in 
accordance with the Commemorative Works Act (40 U.S.C. Chapter 
89).
    Subsection (c) prohibits the use of Federal funds to 
establish the memorial and directs the National Desert Storm 
Memorial Association to be solely responsible for accepting 
contributions for, and paying the expense of, the establishment 
of the memorial.
    Subsection (d) requires that the Association, upon the 
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) or upon the 
expiration of the authority for the memorial under section 
8903(c), transfer the remaining balance of funds received for 
the establishment of the memorial to the Secretary of the 
Interior for deposit in the account provided for in section 
8906(b)(3).

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 995--National Desert Storm and Desert Shield War Memorial Act

    S. 995 would authorize a non-profit 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. 995 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.
    S. 995 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. 995.
    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. 995, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 995, 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. 995 
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 present the 
Department of the Interior's testimony regarding S. 995, a bill 
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.
    The Department supports S. 995 with an amendment.
    S. 995 would authorize the National Desert Storm Memorial 
Association to establish the National Desert Storm and Desert 
Shield Memorial as a commemorative work, on Federal land in the 
District of Columbia. This memorial would commemorate and honor 
the members of the Armed Forces who served on active duty in 
support of Operation Desert Storm or Operation Desert Shield. 
This bill also prohibits the use of federal funds to establish 
this memorial, and directs the Association to be solely 
responsible for accepting contributions for, and paying the 
expenses of, the establishment of the memorial.
    On August 2, 1990, Iraqi forces invaded and occupied 
Kuwait. Fearing an Iraqi invasion of Saudi Arabia and a loss of 
control of Saudi oil fields, the United States launched 
Operation Desert Shield on August 7, 1990. This defensive 
buildup was intended to deter further Iraqi aggression and to 
persuade Iraqi forces to leave Kuwait. After diplomatic efforts 
failed, U.S. and other coalition forces began military actions 
against Iraq on January 17, 1991, in what is known as Operation 
Desert Storm. The aerial bombardment and the ensuing ground 
invasion of Iraq resulted in the destruction of Iraqi forces 
and their retreat from Kuwait, and hostilities concluded on 
February 28, 1991. A total of 294 Americans lost their lives 
over the course of the conflict, including 114 from enemy 
action. There is currently no national memorial to Operations 
Desert Shield or Desert Storm.
    The National Desert Storm Memorial Association is a 
501(c)(3) corporation organized under the laws of the State of 
Arkansas whose mission is to establish a national memorial to 
these conflicts.
    The Department notes that Section 3(b) of this bill 
requires the establishment of the memorial to comply with 
Chapter 89 of Title 40, United States Code, commonly known as 
the ``Commemorative Works Act''. The Commemorative Works Act 
establishes a process for the establishment of new memorials on 
certain Federal lands within the District of Columbia.
    On November 7, 2012, the National Capital Memorial Advisory 
Commission (NCMAC) reviewed the previous version of this bill, 
H.R. 5914, which was 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 
Natural Resources Committee of its unanimous support for the 
proposal.
    Although S. 995 provides for the deposit of excess funds, 
the Department recommends that Section 3(d) of the bill be 
amended to clarify the disposition of excess funds should the 
authority to establish the memorial lapse. We would be glad to 
work with the Subcommittee to amend the existing language.
    Mr. Chairman, this concludes my statement. I would be 
pleased to answer questions that you or other members of the 
committee might 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. 995, as ordered 
reported.

                                  
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