[House Report 111-602]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-602
======================================================================
AUTHORIZING THE PEACE CORPS COMMEMORATIVE FOUNDATION TO ESTABLISH A
COMMEMORATIVE WORK IN THE DISTRICT OF COLUMBIA AND ITS ENVIRONS, AND
FOR OTHER PURPOSES
_______
September 16, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 4195]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 4195) to authorize the Peace Corps Commemorative
Foundation to establish a commemorative work in the District of
Columbia and its environs, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. MEMORIAL TO COMMEMORATE THE ESTABLISHMENT OF THE PEACE CORPS
AND TO HONOR THE IDEALS UPON WHICH IT WAS FOUNDED.
(a) Authorization To Establish Commemorative Work.--The Peace Corps
Commemorative Foundation may establish a commemorative work on Federal
land in the District of Columbia and its environs to commemorate the
formation of the Peace Corps and to honor the ideals upon which the
Peace Corps was founded.
(b) Compliance With Standards for Commemorative Works Act.--The
establishment of the commemorative work shall be in accordance with
chapter 89 of title 40, United States Code (commonly known as the
``Commemorative Works Act'').
(c) Use of Federal Funds Prohibited.--Federal funds may not be used
to pay any expense of the establishment of the commemorative work. The
Peace Corps Commemorative Foundation shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
establishment of the commemorative work.
(d) Deposit of Excess Funds.--If, upon payment of all expenses for
the establishment of the commemorative work (including the maintenance
and preservation amount required by section 8906(b)(1) of title 40,
United States Code), or upon expiration of the authority for the
commemorative work under section 8903(e) of title 40, United States
Code, there remains a balance of funds received for the establishment
of the commemorative work, the Peace Corps Commemorative Foundation
shall transmit the amount of the balance to the Secretary of the
Interior for deposit in the account provided for in section 8906(b)(3)
of title 40, United States Code.
PURPOSE OF THE BILL
The purpose of H.R. 4195 is to authorize the Peace Corps
Commemorative Foundation to establish a commemorative work in
the District of Columbia and its environs.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4195 would authorize the Peace Corps Commemorative
Foundation to establish a memorial to ``honor the preeminent
historical and lasting significance of the establishment of the
Peace Corps . . . and the American ideals and values upon which
it was founded.''
The Peace Corps traces its roots and mission to 1960, when
then-Senator John F. Kennedy, during an impromptu speech to
students at the University of Michigan, challenged those young
adults to give two years of their lives to help people in
countries of the developing world. Five months later, President
Kennedy signed an executive order, establishing the Peace Corps
as a federal agency devoted to world peace and friendship.
Since that time, nearly 200,000 Peace Corps Volunteers have
served in 139 host countries to train local people in
technologies and issues including agricultural production,
water quality improvement, basic education, AIDS education,
information technology and environmental preservation.
The Foundation envisions that the memorial will be ``an
experiential landscape in which to stroll, gather, rest and
meditate,'' rather than a statue or building, and is seeking a
``small, little-used, yet visible site near Washington's
Monumental Core.'' H.R. 4195 requires that the monument comply
with the Commemorative Works Act (P.L. 102-216) and would
forbid the use of federal funds for establishment of the
monument.
COMMITTEE ACTION
H.R. 4195 was introduced by Representative Sam Farr (D-CA)
on December 3, 2009. The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. At a June 24,
2010, hearing before the Subcommittee, a representative of the
Department of the Interior testified that the Department
supports the bill if amended to describe more clearly the
ideals being commemorated and set an appropriate and high
threshold for future commemorations of ``ideals.''
On July 22, 2010, the Subcommittee was discharged from
further consideration of H.R. 4195 and the full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Raul Grijalva (D-AZ) offered a package of en bloc
amendments making three technical corrections. The amendments
were adopted by unanimous consent. The bill, as amended, was
then ordered favorably reported to the House of Representatives
by unanimous consent.
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.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the Peace Corps
Commemorative Foundation to establish a commemorative work in
the District of Columbia and its environs.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 4195--A bill to authorize the Peace Corps Commemorative Foundation
to establish a commemorative work in the District of Columbia
and its environs, and for other purposes
H.R. 4195 would authorize a nonprofit organization to
establish a commemorative work on federal lands in the District
of Columbia. The bill would affect direct spending; therefore,
pay-as-you-go procedures apply. However, CBO estimates that the
net effect on the budget of enacting the legislation would be
insignificant in any year.
H.R. 4195 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 legislation would authorize the Peace Corps
Commemorative Foundation to establish a memorial to honor the
Peace Corps. 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 received by the federal government
would not be received for several years and would be offset by
a transfer to the National Park Foundation soon thereafter.
The CBO staff contact for this estimate is Daniel Hoople.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 4195 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.