[Senate Report 117-49]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 199

117th Congress }                                          { Report 
                            SENATE
 1st Session   }                                          { 117-49

======================================================================
 
               NATIONAL MEDAL OF HONOR COMMEMORATIVE WORK
                                _______
                                

               December 16, 2021.--Ordered to be printed

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 172]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 172) to authorize the National Medal of 
Honor Museum Foundation to establish a commemorative work in 
the District of Columbia and its environs, 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. 172 is to authorize the National Medal of 
Honor Museum Foundation to establish a commemorative work in 
the District of Columbia.

                          BACKGROUND AND NEED

    The Medal of Honor is the highest military decoration 
awarded by the United States. By law, it is awarded by the 
President, in the name of Congress, to members of the United 
States Armed Forces who distinguish themselves ``conspicuously 
by gallantry and intrepidity at the risk of [their] life above 
and beyond the call of duty'' in combat. 10 U.S.C. 
Sec. Sec. 7271, 8291, 9271. President Lincoln signed the first 
law creating the Medal of Honor in 1861, and the first Medal of 
Honor was awarded in 1863. Since that time just over 3,500 
individuals have been awarded this honor.
    The National Medal of Honor Museum Foundation, a 501(c)(3) 
educational organization, is proposing to construct a memorial 
to honor Medal of Honor recipients. The memorial would be built 
in Washington, D.C., in accordance with chapter 89 of title 40, 
United States Code (commonly known as the Commemorative Works 
Act). The Commemorative Works Act sets the guidelines for 
creating commemorative works, including the initiation of a 
memorial, authorizing legislation, site selection and approval, 
fundraising, design approval, construction, and memorial 
dedication.

                          LEGISLATIVE HISTORY

    S. 172 was introduced by Senators Cornyn and Kaine on 
February 2, 2021. The bill has 28 additional cosponsors. The 
Subcommittee on National Parks held a hearing on the bill on 
June 23, 2021.
    Senators Cornyn and Kaine (with additional cosponsors) 
introduced similar legislation in the 116th Congress, S. 4433, 
but no action was taken on that bill.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 18, 2021, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
172.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Authorization to establish commemorative work

    Section 1(a) authorizes the National Medal of Honor Museum 
Foundation to establish a commemorative work on Federal land in 
the District of Columbia and its environs to honor Medal of 
Honor recipients.
    Subsection (b) requires the commemorative work to be in 
accordance with the Commemorative Works Act (40 U.S.C. chapter 
89).
    Subsection (c) prohibits the use of Federal funds to pay 
for the work and makes the National Medal of Honor Museum 
Foundation solely responsible for contributions and expenses 
for the establishment of the commemorative work.
    Subsection (d) requires excess funds to be transmitted to 
the Secretary of the Interior to be deposited in a special 
account. If a balance remains after the authorization expires, 
this section requires remaining funds to be deposited into a 
separate account with the National Park Foundation established 
for memorial maintenance under 40 U.S.C. 8906(b)(3).

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office has not estimated the costs 
of S. 172 as passed by the Senate. The Committee has requested, 
but has not yet received, the Congressional Budget Office's 
estimate of the cost of S. 172 as ordered reported. When the 
Congressional Budget Office completes its cost estimate, it 
will be posted on the Internet at www.cbo.gov.

                      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. 172. 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. 172, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 172, as ordered 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 Department of the Interior at 
the June 23, 2021, hearing on S. 172 follows:
Statement of Michael A. Caldwell, Acting Associate Director, Park 
        Planning, Facilities and Lands, National Park Service, U.S. 
        Department of the Interior
    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 172, a bill to 
authorize the National Medal of Honor Museum Foundation to 
establish a commemorative work in the District of Columbia or 
its environs, and for other purposes.
    The Department supports S. 172. The commemorative work 
would be an appropriate way to honor the valor and values 
displayed by Medal of Honor recipients, many of whom died in 
the line of duty.
    S. 172 authorizes the National Medal of Honor Museum 
Foundation to establish a commemorative work in the nation's 
capital to honor the extraordinary acts of valor, selfless 
service, and sacrifice displayed by Medal of Honor recipients. 
The work would be permitted in Area I or Area II under the 
Commemorative Works Act (40 U.S.C. 89) (Act) but not in the 
area designated as the ``Reserve'', which consists of the 
National Mall and areas to the north and south of the White 
House. The bill requires compliance with the Act and prohibits 
Federal funds from being used to establish the work.
    The Medal of Honor is the United States' highest military 
decoration. It is awarded to U.S. service members who 
distinguished themselves with extraordinary acts of heroism, 
and whose service and sacrifice far exceeded the call of duty.
    During the 116th Congress, a similar bill, H.R. 5173, was 
introduced by Representative Marc Veasey. The National Capital 
Memorial Advisory Commission (Commission) reviewed that 
legislation and made recommendations to Congress on the bill 
language that would bring the bill in alignment with the 
requirements of the Act. The recommendations were made in 
accordance with the Act, which states that Congress shall 
solicit the views of the Commission in considering legislation 
authorizing commemorative works within the District of Columbia 
and its environs. S. 172 as introduced reflects the 
Commission's recommendations. The Department concurs with the 
Commission's views and supports the legislation as introduced.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee 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 the bill as ordered 
reported.

                            [all]