[House Report 118-267]
[From the U.S. Government Publishing Office]


118th Congress    }                                       {     Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                       {    118-267

======================================================================



 
 HERSHEL ``WOODY'' WILLIAMS NATIONAL MEDAL OF HONOR MONUMENT LOCATION 
                                  ACT

                                _______
                                

November 3, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2717]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2717) to authorize the National Medal of Honor 
Museum Foundation to establish a commemorative work on the 
National Mall to honor the extraordinary acts of valor, 
selfless service, and sacrifice displayed by Medal of Honor 
recipients, having considered the same, reports favorably 
thereon with an amendment and recommends 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 ``Hershel `Woody' Williams National 
Medal of Honor Monument Location Act''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) Congress in 2021 unanimously passed, and the President 
        signed, Public Law 117-80 (40 U.S.C. 8903 note), which 
        authorized the National Medal of Honor Museum Foundation to 
        establish on Federal land in the District of Columbia a 
        commemorative work to honor the acts of valor, selfless 
        service, and sacrifice displayed by Medal of Honor recipients.
          (2) The Medal of Honor was established by President Abraham 
        Lincoln and first awarded 160 years ago on March 25, 1863, and 
        is part of Lincoln's lasting and living legacy.
          (3) In 1991, during the administration of President George 
        H.W. Bush, this legacy was extended further when National Medal 
        of Honor Day was established as March 25th of each year.
          (4) The Medal of Honor is awarded to all branches of the 
        United States Armed Forces as our nation's highest recognition 
        for valor in combat.
          (5) The number of living Medal of Honor recipients has been 
        steadily declining, making it even more crucial to honor and 
        recognize their heroic sacrifices and inspire future 
        generations.
          (6) Hershel ``Woody'' Williams, the last World War II Medal 
        of Honor recipient, passed away in 2022 and laid in honor at 
        the United States Capitol.
          (7) The Medal of Honor represents the very best of our 
        Nation--ordinary citizens, who took extraordinary action above 
        and beyond the call of duty and became heroes of our Republic.
          (8) These examples inspire all citizens and ignite within us 
        the very spirit of America.
          (9) The Medal of Honor rises to the level of supreme national 
        and historical importance necessary to warrant representation 
        on the National Mall.
          (10) Locating the National Medal of Honor Monument in close 
        proximity to the Lincoln Memorial within the Reserve would be a 
        respectful extension of his enduring legacy and recognition of 
        what ordinary people can accomplish when working for the 
        greater good.

SEC. 3. NATIONAL MEDAL OF HONOR MONUMENT LOCATION.

  (a) Site.--Notwithstanding section 8908(c) of title 40, United States 
Code, the commemorative work authorized by section 1(a) of Public Law 
117-80 (40 U.S.C. 8903 note) shall be located within the Reserve (as 
defined in section 8902(a) of title 40, United States Code).
  (b) Applicability of Commemorative Works Act.--Except as provided in 
subsection (a), chapter 89 of title 40, United States Code (commonly 
known as the ``Commemorative Works Act''), shall apply to the 
commemorative work.

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 2717 is to authorize the National Medal 
of Honor Museum Foundation to establish a commemorative work on 
the National Mall to honor the extraordinary acts of valor, 
selfless service, and sacrifice displayed by Medal of Honor 
recipients.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Medal of Honor is our nation's highest medal for valor 
in combat awarded to members of the U.S. Armed Forces. The 
medal was first authorized in 1861 for U.S. Navy Sailors and 
Marines, and the following year for U.S. Army Soldiers. 2023 
marked the 160th anniversary of the awarding of the first Medal 
of Honor by President Abraham Lincoln in the midst of the Civil 
War. Since its establishment, 3,516 Medals of Honor have been 
awarded to members of all Department of Defense services. 
Medals of Honor are awarded sparingly by Presidents, and only 
bestowed upon the bravest of the brave. Their courage and valor 
in combat must be well documented. There are only 65 living 
recipients of the Medal of Honor.
    Under the Commemorative Works Act (CWA), any new monument 
or memorial in the District of Columbia or the surrounding area 
must be approved by an Act of Congress. Typically, once 
approved, a private organization will have seven years to raise 
the required funding for the commemorative work's construction 
and design. The CWA also established the ``Reserve,'' which 
broadly encompasses what is known as the National Mall. The CWA 
found that the Reserve was ``a substantially completed work of 
civic art'' where the siting of new commemorative works should 
be prohibited. In order to place a new commemorative work in or 
near the Reserve, an additional Act of Congress is required. 
While this is somewhat rare, most recently Congress authorized 
a location within the Reserve for the Global War on Terrorism 
Memorial in 2021.
    During the 117th Congress, Congress passed H.R. 1664 to 
authorize the National Medal of Honor Museum Foundation 
(Foundation) to establish a commemorative work, such as a 
monument or memorial, on federal land in the District of 
Columbia or its environs to recognize Medal of Honor 
recipients. The bill required the Foundation to follow the 
standard legal framework established by the Commemorative Works 
Act (CWA), prohibited the use of federal funds for the 
commemorative work, and required that sufficient funds be 
provided to the National Park Service for maintenance of the 
commemorative work. Proponents of the Medal of Honor National 
Monument (Monument) are now looking to place the Monument in a 
prominent location in the Reserve, requiring a new Act of 
Congress.
    H.R. 2717 would authorize the location of the National 
Medal of Honor Monument within the Reserve. This bipartisan 
legislation is being co-led by Representative Veasey (D-TX). At 
markup, an amendment was offered to the legislation creating 
additional flexibility in the placement of the Monument on the 
National Mall. While the original legislation required the 
commemorative work to be within 1,000 feet of the Lincoln 
Memorial, the amendment removed this provision to ensure 
flexibility for the Foundation. However, the amendment 
maintained language recognizing that this Monument ``would be a 
respectful extension of [President Lincoln's] enduring legacy 
and recognition of what ordinary people can accomplish when 
working for the greater good.'' Debate during the markup also 
made it clear that the Committee intends for the National Park 
Service to work with the Foundation to place the Monument as 
close as possible to the Lincoln Memorial, to enhance the 
interpretation of both the Medal of Honor Monument and the 
Lincoln Memorial. The Committee also encourages the National 
Park Service to work closely with the Foundation to ensure this 
Monument can be constructed and completed in time for the 
United States Semiquincentennial in 2026.

                            COMMITTEE ACTION

    H.R. 2717 was introduced on April 19, 2023, by Rep. Blake 
D. Moore (R-UT). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Federal Lands. On July 13, 2023, the Subcommittee on Federal 
Lands held a hearing on the bill. On July 26, 2023, the 
Committee on Natural Resources met to consider the bill. The 
Subcommittee on Federal Lands was discharged from further 
consideration of H.R. 2717 by unanimous consent. Chairman Bruce 
Westerman (R-AR) offered an amendment designated Westerman_037. 
The amendment offered by Chairman Westerman was adopted by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by a roll call vote of 
29 yeas to 0 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Federal Lands held on July 13, 
2023.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Hershel `Woody' Williams National Medal of Honor Monument 
Location Act''.

Section 2. Findings

    Section 2 provides a history of the Medal of Honor and 
specifically notes that Congress intends to place this Monument 
within the vicinity of the Lincoln Memorial, as an extension of 
his legacy as the first President to award the Medal of Honor.

Section 3. National Medal of Honor Monument location

    Section 3 authorizes the location for the National Medal of 
Honor Monument on the Reserve in Washington, D.C. under the 
CWA.

            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 AND 
                        CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 2717 would authorize the National Medal of Honor 
Memorial to be located within the Reserve in Washington, D.C. 
The Reserve is the public land between the Lincoln Memorial and 
the Capitol that includes the White House and the Jefferson 
Memorial.
    Public Law 117-80, enacted in December 2021, authorized the 
National Medal of Honor Museum Foundation to establish a 
commemorative work on federal land in Washington, D.C., but not 
on the National Mall. Because H.R. 2717 would only change the 
location of the monument, CBO estimates that implementing the 
bill would not significantly affect federal spending over the 
2023-2028 period.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was reviewed by Chad Chirico, Director 
of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    Honor Museum Foundation to establish a commemorative work 
on the National Mall to honor the extraordinary acts of valor, 
selfless service, and sacrifice displayed by Medal of Honor 
recipients.

                           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.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to the Congressional Budget Office, H.R. 2717 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           EXISTING PROGRAMS

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    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.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    As ordered reported by the Committee on Natural Resources, 
H.R. 2717 makes no changes in existing law.

                                  [all]