[Senate Report 113-50]
[From the U.S. Government Publishing Office]
Calendar No. 104
113th Congress Report
SENATE
1st Session 113-50
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DISTINGUISHED FLYING CROSS NATIONAL MEMORIAL
_______
June 27, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 59]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 59) to designate a Distinguished Flying
Cross National Memorial at the March Field Air Museums in
Riverside, California, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
PURPOSE
The purpose of S. 59 is to designate a memorial at the
March Field Air Museum in Riverside, California as the
Distinguished Flying Cross National Memorial.
BACKGROUND AND NEED
Created by Congress in 1926, the Distinguished Flying Cross
is the oldest military award in the United States for
achievements in aviation. Records indicate that 126,318 members
of the Armed Forces received the medal during World War II,
approximately 21,000 members received the medal during the
Korean conflict, and 21,647 members received the medal during
the Vietnam war. More than 200 Armed Forces members have
received the medal since the end of the Vietnam war. Other
recipients of the Distinguished Flying Cross may be
undocumented, since the National Personnel Records Center in
St. Louis, Missouri burned down in 1973.
The Department of Defense continues to locate and identify
members of the Armed Forces whose award of the medal has not
been documented.
Currently, there is no national memorial dedicated to the
bravery and sacrifice of those members of the Armed Forces who
have distinguished themselves by heroic deeds performed in
aerial flight. A memorial to current and former members of the
Armed Forces has been constructed at March Field Air Museum in
Riverside, California. The museum, originally operated by the
Air Force, has been operated by a private nonprofit
organization, the March Field Museum Foundation, since 1996.
In October 2010, the museum dedicated a memorial in the
museum's courtyard to honor Distinguished Flying Cross medal
recipients. S. 59 would designate the memorial as the
Distinguished Flying Cross National Memorial to honor all those
members of the Armed Forces who have distinguished themselves
in aerial flight.
LEGISLATIVE HISTORY
S. 59 was introduced by Senators Boxer, Feinstein, and
Nelson on January 22, 2013. The Subcommittee on National Parks
held a hearing on S. 59 on April 23, 2013. At its business
meeting on May 16, 2013, the Committee ordered S. 59 favorably
reported.
In the 112th Congress an identical bill, S. 864, was
introduced by Senators Boxer, Feinstein, and Nelson on May 2,
2011. The Subcommittee on National Parks held a hearing on S.
864 on July 28, 2011 (S. Hrg. 112-214).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 59.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Distinguished
Flying Cross National Memorial Act.''
Section 2(a) outlines the findings regarding the history
and significance of the Distinguished Flying Cross, which is
awarded to members of the armed forces for achievements in
aviation.
Subsection (b) designates the memorial at March Field Air
Museum in Riverdale, California as the Distinguished Flying
Cross National Memorial.
Subsection (c) clarifies that the Distinguished Flying
Cross National Memorial is not a unit of the National Park
System and that the designation as a national memorial does not
require or permit Federal funds to be expended for any purpose
related to the memorial.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 59--Distinguished Flying Cross National Memorial Act
S. 59 would designate a memorial to members of the Armed
Forces who have distinguished themselves in flight. The
memorial, which would be located at the March Field Air Museum
in Riverside, California, would not be a unit of the National
Park System.
Based on information provided by the National Park Service,
CBO estimates that implementing S. 59 would have no effect on
discretionary spending because the proposed memorial would not
be constructed or operated with federal funds. Enacting the
legislation would not affect revenues or direct spending;
therefore, pay-as-you-go procedures do not apply.
S. 59 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.
On May 2, 2013, CBO transmitted a cost estimate for H.R.
330, the Distinguished Flying Cross National Memorial Act, as
ordered to be reported by the House Committee on Natural
Resources on April 24, 2013. The two bills are similar, and the
CBO cost estimates are the same.
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. 59.
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. 59, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 59, 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
April 23, 2013, Subcommittee on National Parks hearing on S. 59
follows:
Statement of Peggy O'Dell, Deputy Director for Operations, National
Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 59, a bill to designate a Distinguished
Flying Cross National Memorial at the March Field Air Museum in
Riverside, California.
The Department would defer to the Department of Defense for
a position on S. 59 since the purpose of the legislation is to
honor military personnel who have been awarded the
Distinguished Flying Cross at a site that is not under the
jurisdiction of the Department.
The Distinguished Flying Cross is awarded to a member of
the United States armed forces who distinguishes himself or
herself in support of operations by ``heroism or extraordinary
achievement while participating in an aerial flight.'' It is
the oldest military award in the United States for achievements
in aviation. We applaud the effort of the March Field Air
Museum to create a suitable memorial to the honor, bravery, and
sacrifice of members of our Armed Forces who have earned this
medal.
This legislation explicitly states that this memorial is
not a unit of the National Park System. As this language makes
clear, the use of the title ``national memorial'' creates a
reasonable expectation among the general public that it must
have an affiliation with the National Park Service, which
currently administers 29 national memorials across the country.
This is not the first time this issue has arisen, nor is it
likely to be the last, and the Department respectfully
encourages only the most thoughtful and judicious designation
of any future ``national'' memorials or other similar sites.
That concludes my testimony Mr. Chairman. I would be
pleased to respond to any questions from you and members of the
committee.
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. 59, as ordered reported.