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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-28

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



 
           VIETNAM VETERANS DONOR ACKNOWLEDGMENT ACT OF 2013

                                _______
                                

 April 9, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 588]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 588) to provide for donor contribution 
acknowledgments to be displayed at the Vietnam Veterans 
Memorial Visitor Center, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 588 is to provide for donor 
contribution acknowledgments to be displayed at the Vietnam 
Veterans Memorial Visitor Center.

                  Background and Need for Legislation

    Public Law 108-126 authorized the Vietnam Veterans Memorial 
Fund to establish a visitor center underground, but near the 
Vietnam Veterans Memorial.
    The facility will be 35,000 square feet and cost an 
estimated $95 million, all of which is required to be non-
federal. However, the Commemorative Works Act (40 U.S.C. 
Chapter 89), which governs the placement of monuments and 
memorials on land administered by the National Park Service in 
Washington, D.C., prohibits donor recognition at monuments and 
memorials authorized under the Act. Consequently, proponents of 
the visitor center have explained that this has put an undue 
burden on the fund, making it extremely challenging to collect 
large donations that will provide the necessary funds to 
commence with construction.
    H.R. 588 would grant an exemption to the Commemorative 
Works Act to facilitate the completion of fundraising efforts 
by allowing donor recognition. Any recognition program would 
have to be approved by the Secretary of the Interior and the 
legislation allows only ``short, discrete, and unobtrusive 
acknowledgments or credits'' and will not ``permit any 
advertising slogans or company logos.''

                            Committee Action

    H.R. 588 was introduced on February 6, 2013, by Congressman 
Don Young (R-AK). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On March 14, 
2013, the Subcommittee held a hearing on the bill. On March 20, 
2013, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. No amendments 
were offered to the bill, and the bill was adopted and 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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 588--Vietnam Veterans Donor Acknowledgement Act of 2013

    H.R. 588 would authorize the Vietnam Veterans Memorial Fund 
to acknowledge donor contributions to the visitor center at the 
Vietnam Veterans Memorial through a display in the visitor 
center. Based on information provided by the National Park 
Service, CBO estimates that the legislation would have no 
significant impact on the federal budget. Enacting H.R. 588 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    H.R. 588 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 CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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. Based on 
information provided by the National Park Service, CBO 
estimates that the legislation would have no significant impact 
on the federal budget.
    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 provide for donor contribution 
acknowledgments to be displayed at the Vietnam Veterans 
Memorial Visitor Center.

                           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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    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.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                           PUBLIC LAW 96-297




           *       *       *       *       *       *       *
SEC. 6. VISITOR CENTER.

  (a) * * *
  (b) Compliance With Standards Applicable to Commemorative 
Works.--Chapter 89 of title 40, United States Code, shall 
apply, including provisions related to the siting, design, 
construction, and maintenance of the visitor center, and the 
visitor center shall be considered a commemorative work for the 
purposes of that Act, except that--
          (1) * * *

           *       *       *       *       *       *       *

          (4) the visitor center shall be constructed and 
        landscaped in a manner harmonious with the site of the 
        Vietnam Veterans Memorial, consistent with the special 
        nature and sanctity of the Mall; [and]
          (5) any reference in section 8903(e) of title 40, 
        United States Code, to the expiration at the end of or 
        extension beyond a seven-year period shall be 
        considered to be a reference to an expiration on or 
        extension beyond November 17, 2014[.]; and
          (6) notwithstanding section 8905(b)(7) of title 40, 
        United States Code--
                  (A) the Secretary of the Interior shall allow 
                the Vietnam Veterans Memorial Fund, Inc. to 
                acknowledge donor contributions to the visitor 
                center by displaying, inside the visitor 
                center, an appropriate statement or credit 
                acknowledging the contribution;
                  (B) donor contribution acknowledgments shall 
                be displayed in a form approved by the 
                Secretary of the Interior and for a period of 
                time commensurate with the level of the 
                contribution and the life of the facility;
                  (C) the Vietnam Veterans Memorial Fund shall 
                bear all expenses related to the display of 
                donor acknowledgments;
                  (D) prior to the display of donor 
                acknowledgments, the Vietnam Veterans Memorial 
                Fund, Inc. shall submit to the Secretary for 
                approval, its plan for displaying donor 
                acknowledgments;
                  (E) such plan shall include the sample text 
                and types of the acknowledgments or credits to 
                be displayed and the form and location of all 
                displays;
                  (F) the Secretary shall approve the plan, if 
                the Secretary determines that the plan--
                          (i) allows only short, discrete, and 
                        unobtrusive acknowledgments or credits;
                          (ii) does not permit any advertising 
                        slogans or company logos; and
                          (iii) conforms to applicable National 
                        Park Service guidelines for indoor 
                        donor recognition; and
                  (G) if the Secretary of the Interior 
                determines that the proposed plan submitted 
                under this paragraph, does not meet the 
                requirements of this paragraph, the Secretary 
                shall--
                          (i) advise the Vietnam Veterans 
                        Memorial Fund, Inc. not later than 30 
                        days after receipt of the proposed plan 
                        of the reasons that such plan does not 
                        meet the requirements; and
                          (ii) allow the Vietnam Veterans 
                        Memorial Fund, Inc. to submit a revised 
                        donor recognition plan.

           *       *       *       *       *       *       *