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115th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {     115-264

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



 
                GLOBAL WAR ON TERRORISM WAR MEMORIAL ACT

                                _______
                                

 July 28, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Bishop of Utah, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 873]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 873) to authorize the Global War on Terror 
Memorial Foundation to establish the National Global War on 
Terrorism Memorial as a commemorative work in the District of 
Columbia, 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. 873 is to authorize the Global War on 
Terror Memorial Foundation to establish the National Global War 
on Terrorism Memorial as a commemorative work in the District 
of Columbia.

                  BACKGROUND AND NEED FOR LEGISLATION

    In response to the terrorist attacks of September 11, 2001, 
President George W. Bush launched the Overseas Contingency 
Operations, formally known as the Global War on Terrorism 
(GWOT).\1\ Since 2001, more than five million men and women 
have served in the U.S. armed forces. All named campaigns 
(e.g., Operation Enduring Freedom, Operation Iraqi Freedom, 
Operation New Dawn, etc.) fall under the umbrella of the GWOT.
---------------------------------------------------------------------------
    \1\Defense Causality Analysis System, U.S. Department of Defense. 
Accessed July 5, 2017. https://www.dmdc.osd.mil/dcas/pages/
casualties_gwt_combined.xhtml.
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    H.R. 873, would authorize the Global War on Terrorism 
Memorial Foundation--a 501(c)(3) non-profit organization--to 
begin the Commemorative Works Act (CWA, 40 U.S.C. 8901 et seq.) 
process to establish a memorial on federal land in the District 
of Columbia or its environs to commemorate and honor the 
members of the United States Armed Forces who served on active 
duty in support of the GWOT. In 1986, the CWA was enacted to 
create a statutory process for the creation, design, and 
construction of commemorative works in the District of 
Columbia. The CWA codified procedures for authorizing and 
siting commemorative works when the potential location of a 
memorial will be on federal land administered by the National 
Park Service or the General Services Administration. The CWA 
delegated responsibility for overseeing design, construction, 
and maintenance to the Secretary of the Interior or the 
Administrator of the General Services Administration, and 
several other federal entities, including the National Capital 
Planning Commission, the Commission of Fine Arts, and the 
National Capital Memorial Advisory Commission.
    The CWA contains a specific requirement for military 
commemoratives. For military works, the CWA requires Congress 
to consider legislation only for the commemoration of ``a war 
or similar major military conflict or a branch of the armed 
forces'' that has been designated as officially ended for at 
least 10 years (40 U.S.C. 8903(b)). The Global War on Terrorism 
Memorial Act waives this requirement of the CWA, thus 
authorizing the Global War on Terror Memorial now, rather than 
ten years following the end of the GWOT. Proponents of the 
proposed memorial argue that as the longest conflict ever 
fought by the United States, the GWOT should be memorialized 
while veterans have an opportunity to take part in determining 
the memorial's scope and design. Proponents note that many 
World War II veterans never had the chance to see the World War 
II Memorial completed, because it was not finished until 59 
years after the end of the war. Similarly, the World War I 
Memorial was not authorized until 2014, nearly 96 years after 
the Treaty of Versailles was signed.\2\ Additionally, 
supporters advocate that because the nature of war has changed, 
the CWA should be amended to allow for more timely military 
commemorations. Opponents of the proposed memorial argue that 
while the GWOT Memorial was a subject deserving of a memorial, 
the intent of the CWA was to allow for a war or military 
conflict to be declared over for at least 10 years prior to 
commemoration efforts. Additionally, opponents cite the 
precedent of providing an exemption to CWA provisions and 
whether granting an exemption to one group might set a 
precedent for future groups to seek a similar exemption.
---------------------------------------------------------------------------
    \2\Public Law 113-291, Section 3091 (Dec. 19, 2014).
---------------------------------------------------------------------------
    On October 4, 2016, the National Capital Memorial Advisory 
Commission met to discuss H.R. 5999 (114th Congress), a bill 
similar to H.R. 873, introduced by former Congressman Ryan 
Zinke (R-MT). The Commission heard testimony in support of the 
legislation from Representative Zinke, as well as from Mr. 
Andrew Brennen, Executive Director of the Global War on Terror 
Memorial Foundation, and Mr. Todd Bowers, a Board Member of the 
Foundation. At the meeting, the Commission did not reach a 
consensus view on the legislation. Some Commissioners noted 
that it was the obligation of the Commission to recommend 
opposition to the bill because the conflict is ongoing and thus 
inconsistent with the CWA. Other Commissioners noted that the 
nature of warfare has changed over the years that the CWA has 
been in place, and that modern conflicts may not have distinct 
end dates, making it difficult for memorials to these conflicts 
to comply with the CWA.

                            COMMITTEE ACTION

    H.R. 873 was introduced on February 6, 2017, by Congressman 
Mike Gallagher (R-WI). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On July 14, 2017, the 
Subcommittee held a hearing on the bill. On July 25, 2017, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. No amendments 
were offered, and the bill was ordered favorably reported to 
the House of Representatives by unanimous consent on July 26, 
2017.

            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 requested but not yet received a cost 
estimate for the bill from the Director of the Congressional 
Budget Office. However, the bill specifically bans the use of 
federal funds for the memorial. In addition, the Congressional 
Budget Office has concluded that similar bills authorizing 
private groups to raise money to construct memorials in DC 
would have an insignificant effect on the federal budget. See 
H.R. 503 (113th Congress); S. 230 (113th Congress); and H.R. 
497 (110th Congress).
    2. 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 Global War on Terror 
Memorial Foundation to establish the National Global War on 
Terrorism Memorial as a commemorative work in the District of 
Columbia.

                           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. 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.

                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.

                                  [all]