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115th Congress } { Rept. 115-399
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
NATIONAL VETERANS MEMORIAL AND MUSEUM ACT
_______
November 7, 2017.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1900]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1900) to designate the Veterans Memorial and
Museum in Columbus, Ohio, as the National Veterans Memorial and
Museum, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Correspondence......................................... 5
Committee Oversight Findings..................................... 7
Statement of General Performance Goals and Objectives............ 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Earmarks and Tax and Tariff Benefits............................. 7
Committee Cost Estimate.......................................... 7
Congressional Budget Office Estimate............................. 7
Federal Mandates Statement....................................... 8
Advisory Committee Statement..................................... 8
Constitutional Authority Statement............................... 8
Applicability to Legislative Branch.............................. 8
Statement on Duplication of Federal Programs..................... 8
Disclosure of Directed Rulemaking................................ 9
Section-by-Section Analysis of the Legislation................... 9
Changes in Existing Law Made by the Bill as Reported............. 9
Minority Views................................................... 10
AMENDMENT
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 ``National Veterans Memorial and Museum
Act''.
SEC. 2. DESIGNATION OF NATIONAL VETERANS MEMORIAL AND MUSEUM.
(a) Designation.--Subject to the condition described in subsection
(b), the memorial and museum that is, as of the date of the enactment
of this Act, being constructed on an approximately 7-acre area on West
Broad Street, Columbus, Ohio, bounded by the Scioto River and the
Scioto Greenway, shall be designated as the ``National Veterans
Memorial and Museum''.
(b) Report to Congress.--
(1) In general.--As a condition of the designation under
subsection (a), the director of the memorial and museum
described in that subsection shall submit to Congress a report
on the memorial and museum by not later than the date specified
in paragraph (2). Such report shall include each of the
following:
(A) The projected budget for the memorial and museum
for the five-year period beginning on the date the
memorial and museum is expected to open to the public.
(B) A description of the outreach conducted by the
memorial and museum to veterans across the United
States to receive input about the design and contents
of the memorial and museum.
(C) A description of the process by which decisions
are made about the contents of the exhibits displayed
at the memorial and museum.
(D) A description of the organizational structure of
the memorial and museum.
(E) A copy of the bylaws and rules of the memorial
and museum.
(F) A list of any organizations or entities that have
accredited the memorial and museum.
(2) Deadline for report.--The date specified in this
paragraph is the earlier of the following dates:
(A) The date that is 90 days after the date of the
enactment of this Act.
(B) The date that is 30 days before the date on which
the memorial and museum is first open to the public.
(c) Effect of Designation.--The national memorial and museum
designated by subsection (a) is not a unit of the National Park System,
and the designation of the national memorial and museum shall not be
construed to require Federal funds to be expended for any purpose
related to the national memorial and museum.
PURPOSE AND SUMMARY
H.R. 1900, as amended, the Veterans Memorial and Museum
Act, would designate the Veterans Memorial and Museum located
in Columbus, Ohio, as the ``National Veterans Memorial and
Museum.''
BACKGROUND AND NEED FOR LEGISLATION
The purpose of the Veterans Memorial and Museum, which is
currently under construction in Columbus, Ohio, is to honor,
connect, inspire, and educate United States citizens about the
service and sacrifice of our nation's veterans. The Veterans
Memorial and Museum will be dedicated to honor the service and
sacrifice of all veterans, past and present. Accordingly, H.R.
1900, as amended, provides that such memorial and museum should
be recognized as the National Veterans Memorial and Museum.
On September 13, 2017, the Subcommittee on Disability
Assistance and Memorial Affairs held a legislative hearing,
which included H.R. 1900 on the agenda. During the hearing,
representatives from The American Legion, the Paralyzed
Veterans of America, and the Veterans of Foreign Wars of the
United States, testified in support of the bill.
Because the museum is not yet open, the Committee amended
H.R. 1900 to establish that the ``national'' designation would
attach on the day the museum opens. Additionally, H.R. 1900, as
amended, would require the museum to submit a report to
Congress that would provide certain information, including a
description of how the museum will approve exhibits, as well as
facts regarding the memorial and museum's organizational
structures and financial projections. Moreover, H.R. 1900, as
amended, would clarify that the memorial and museum would not
become a unit of the National Park system. Furthermore, H.R.
1900, as amended, would not obligate or authorize federal funds
for the memorial and museum.
HEARINGS
On September 13, 2017, the Committee on Veterans' Affairs,
Subcommittee on Disability Assistance and Memorial Affairs held
a legislative hearing on H.R. 1900.
The following witnesses testified:
The Honorable David Rouzer, U.S. House of
Representatives; the Honorable Steve Stivers, U.S.
House of Representatives; the Honorable Joyce Beatty,
U.S. House of Representatives; the Honorable Matt
Cartwright, U.S. House of Representatives; the
Honorable Jim Banks, U.S. House of Representatives; the
Honorable Chellie Pingree, U.S. House of
Representatives; Mr. Matthew T. Sullivan, Deputy Under
Secretary for Finance and Planning and Chief Financial
Officer, National Cemetery Administration, U.S.
Department of Veterans Affairs; accompanied by Ms.
Roberta Lowe, Director, Office of Internal Controls,
Acting Director, Debt Management Center, Office of
Management, U.S. Department of Veterans Affairs; and
Ms. Cheryl Rawls, Director, Pension & Fiduciary
Service, Veterans Benefits Administration, U.S.
Department of Veterans Affairs; Ms. Elizabeth H. Curda,
Director, Education, Workforce, and Income Security
Team, U.S. Government Accountability Office; Mr. Alex
Zhang, Assistant Director, National Veterans Affairs
and Rehabilitation Division, The American Legion; Mr.
LeRoy Acosta, Assistant National Legislative Director,
Disabled American Veterans; Mr. Blake Ortner, Deputy
Government Relations Director, Paralyzed Veterans of
America; Ms. Kathleen Moakler, Director, Survivor
Advocacy, Tragedy Assistance Program for Survivors;
and, Mr. John Towles, Deputy Director, National
Legislative Service, Veterans of Foreign Wars of the
United States.
SUBCOMMITTEE CONSIDERATION
H.R. 1900 was not considered before the Subcommittee.
COMMITTEE CONSIDERATION
On November 2, 2017, the Full Committee met in an open
markup session, a quorum being present, and ordered H.R. 1900,
as amended, favorably reported to the House of Representatives
by voice vote. During consideration of the bill, the following
amendments to H.R. 1900 were considered:
An amendment in the nature of a substitute offered by
Mr. Roe of Tennessee that would, as a condition of the
``national'' designation, require the museum to provide
a report to Congress, which would explain how exhibits
would be approved and detailing the museum's
organizational and financial projections. The amendment
in the nature of a substitute would also remove the
findings and sense of Congress. Additionally, the
amendment in the nature of a substitute would clarify
that the Ohio museum would not become a unit of the
National Park system, and would not obligate or
authorize federal funds for the museum was agreed to by
voice vote.
A substitute to the amendment in the nature of a
substitute offered by Representative Tim Walz of
Minnesota to H.R. 1900 which would have required that
both Houses of Congress vote a second time once certain
criteria are met to affirmatively designate the
Veterans Memorial and Museum under construction in
Columbus, Ohio, as the National Veterans Memorial and
Museum. Congress would have been required to vote on
the designation after the memorial and museum received
accreditation from the American Alliance of Museums,
and not later than 180 days after the director of the
memorial and museum would have submitted a report to
Congress. Such report would have included extensive
detailed information regarding museum's operations,
financial matters, and governance and non-profit
status. Additionally, the Substitute would have
clarified that the memorial and museum is not a unit of
the National Park System, and the designation of the
national memorial and museum shall not be construed to
require or permit Federal funds to be expended for any
purpose related to the national memorial and museum.
The Substitute to the Amendment in the Nature of a
Substitute was not agreed to by a voice vote.
COMMITTEE VOTES
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, there were no recorded votes
taken on amendments or in connection with ordering H.R. 1900,
as amended reported to the House. A motion by Representative
Gus M. Bilirakis of Florida to favorably report H.R. 1900, as
amended, to the House of Representatives was agreed to by voice
vote.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal and objective is to designate the Veterans Memorial and
Museum as the National Veterans Memorial and Museum.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
EARMARKS AND TAX AND TARIFF BENEFITS
H.R. 1900, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate on H.R.
1900, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1900, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 6, 2017.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1900, the National
Veterans Memorial and Museum Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Logan Smith.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 1900--National Veterans Memorial and Museum Act
H.R. 1900 would designate a memorial and museum, currently
being constructed by a non-profit organization in Columbus,
Ohio, as the National Veterans Memorial and Museum. The bill
would require the director of the new museum to submit a report
to the Congress on the memorial and museum's progress and
operation. H.R. 1900 would clarify that neither part of the
facility would be a unit of the National Park System and that
the designation under the bill would not require federal funds
to be expended. Thus, CBO estimates that H.R. 1900 would have
no effect on the federal budget.
Enacting H.R. 1900 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 1900 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1900 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Logan Smith. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1900, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1900, as amended.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 1900, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that H.R. 1900, as amended, 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.
STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 1900, as amended, establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
DISCLOSURE OF DIRECTED RULEMAKING
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee estimates that H.R. 1900, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Sec. 1. Short title
Section 1 would establish the short title of the Act.
Sec. 2. Designation of National Veterans Memorial and Museum
Section 2(a) would designate the Veterans Memorial and
Museum as the National Veterans Memorial and Museum subject to
certain conditions describe in subsection 3(b).
Section 2(b) would require the director of the Veterans
Memorial and Museum to submit a report to Congress. Such report
would include the projected budget for such memorial and museum
for the five-year period beginning on the date the memorial and
museum is expected to open to the public; a description of the
outreach conducted by the Veterans Memorial and Museum to
veterans across the United States to receive input about the
design and contents of such memorial and museum; a description
of the process by which decisions are made about the contents
of the exhibits displayed at the memorial and museum; a
description of the organizational structure of the memorial and
museum; a copy of the bylaws and rules of the memorial and
museum; and, a list of any organizations or entities that have
accredited the memorial and museums. Such report must be
submitted to Congress on the earlier of the following dates:
the date that is 90 days after the date of the enactment of
this Act or the date that is 30 days before the date on which
the memorial and museum is first open to the public.
Section 2(c) would clarify that the National Veterans
Memorial and Museum is not a unit of the National Park System,
and the designation of such memorial and museum shall not be
construed to require or permit Federal funds to be expended for
any purpose related to the memorial and museum.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
If enacted, this bill would make no changes in existing
law.
MINORITY VIEWS
The Minority commends the efforts of the Columbus Downtown
Development Corporation (CDDC) to establish a museum and
memorial to U.S. veterans of all eras in Columbus, Ohio. The
materials provided Members of the Veterans Affairs Committee
clearly demonstrate the intent to create an architecturally
stunning, state-of-the-art institution in the heart of the
country that honors veterans and educates the public about
their sacrifices.
Because the planners in Columbus wish to have this museum
and memorial designated by Congress as ``The National Veterans
Museum and Memorial,'' the Minority has taken extremely
seriously the Committee's responsibility to ensure that it be
established and operated to the highest possible standards, in
perpetuity, as are the cemeteries and memorials under its
jurisdiction run by the National Cemetery Administration and
the American Battle Monuments Commission.
In the view of the Minority, the information the Committee
received in testimony at the Disability Assistance and Memorial
Affairs Subcommittee hearing on September 13, 2017 did not
provide the detail necessary to be assured that this museum
will meet that high standard. Many questions were left
unanswered about how the museum's governance structure will
work and how the museum will be funded. Therefore, the Minority
greatly appreciates the efforts of the Chairman and the
museum's proponents to include a new provision in the Act to
require a report to Congress 90 days after the date of
enactment. This report must address the issues of budget,
governance, operations, vision and veteran outreach.
Another matter of concern to the Minority is the precedent
being set in H.R. 1900 to confer a ``national'' designation on
an effort to honor and memorialize veterans. The Minority feels
it is important to emphasize that clear guardrails should be in
place to guide future efforts to receive this designation.
Therefore, at the Full Committee mark up on November 2, 2017,
the Ranking Member offered an alternative which required much
greater specificity in the required report. This alternative
failed. Therefore, the Minority further appreciates that the
Chairman has agreed to add additional language in a manager's
amendment as the legislation moves to the House Floor which
allows Congress to remove the designation should it find the
information in the report to be insufficient.
The Minority believes that with the addition of this
provision, the Committee will have done its due diligence
before recommending to the House that it confer this national
designation, and that it has put in place the necessary
guardrails to ensure that the museum and memorial being built
in Columbus, Ohio will truly be The National Veterans Museum
and Memorial.
Timothy J. Walz.
[all]
