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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]