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116th Congress   }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {     116-275

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



 
         FIRST INFANTRY RECOGNITION OF SACRIFICE IN THEATER ACT

                                _______
                                

November 8, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1088]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1088) to authorize the Society of the First 
Infantry Division to make modifications to the First Division 
Monument located on Federal land in Presidential Park in 
District of Columbia, and for other purposes, having considered 
the same, report favorably thereon with amendments and 
recommend that the bill as amended do pass.
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``First Infantry Recognition of 
Sacrifice in Theater Act'' or the ``FIRST Act''.

SEC. 2. MODIFICATION TO FIRST DIVISION MONUMENT.

  (a) Authorization.--The Society of the First Infantry Division (an 
organization described in section 501(c)(3) of the Internal Revenue 
Code of 1986 and exempt from taxation under section 501(a) of that 
code), may make modifications (including construction of additional 
plaques and stone plinths on which to put the plaques) to the First 
Division Monument located on Federal land in President's Park in the 
District of Columbia that was set aside for memorial purposes of the 
First Infantry Division, in order to honor the members of the First 
Infantry Division who paid the ultimate sacrifice during United States 
operations, including Operation Desert Storm, Operation Iraqi Freedom 
and New Dawn, and Operation Enduring Freedom. The First Infantry 
Division at the Department of the Army shall collaborate with the 
Department of Defense to provide to the Society of the First Infantry 
Division the list of names to be added.
  (b) Non-Application of Commemorative Works Act.--Subsection (b) of 
section 8903 of title 40, United States Code (commonly known as the 
``Commemorative Works Act''), shall not apply to actions taken under 
subsection (a) of this section.
  (c) Funding.--Federal funds may not be used to pay any expense of the 
activities of the Society of the First Infantry Division which are 
authorized by this section.
    Amend the title so as to read:
    A bill to authorize the Society of the First Infantry 
Division to make modifications to the First Division Monument 
located on Federal Land in President's Park in the District of 
Columbia, and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1088 is to authorize the Society of the 
First Infantry Division to make modifications to the First 
Division Monument located on federal land in President's Park 
in the District of Columbia, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Members of the First Division, also known as ``The Big Red 
One'' and ``The Fighting First,''\1\ were the first American 
troops to arrive in France, in June 1917,\2\ and the last 
American combat troops to leave Europe, in August 1919.\3\ 
General John Pershing lauded the First Division by writing, 
``The Commander-in-Chief has noted in this Division a special 
pride of service and a high state of morale, never broken by 
hardship nor battle.''\4\
---------------------------------------------------------------------------
    \1\At times, the Division has also been called ``Pershing's Own.'' 
Desirability of Incorporating One or More Indian Divisions in the New 
United States Army: Hearing Before the H. Comm. on Military Affairs, 
66th Cong. 2163, 2199 (1920) (testimony of Dr. Joseph Kossuth Dixon, 
Leader, The Rodman Wanamaker Historical Expeditions to the North 
American Indian), in 2 Army Reorganization: Hearings Before the H. 
Comm. on Military Affairs, 66th Cong. (1920); H.R. Knickerbocker et 
al., Danger Forward: The Story of the First Division in World War II, 
at 405 (The Battery Press, Inc. 1980) (1947) (associating the name with 
World War I in particular); Historical Notes & Comments, Congressional 
Medal of Honor Awarded Six Missourians, 14 Mo. Hist. Rev. 273, 274 
(1920); Father O'Reilly Tells of the Work of the Third in France, 62 
Literary Dig. No. 11, Sept. 13, 1919, at 93.
    \2\See, e.g., Edward M. Coffman, The War to End All Wars 131 (Univ. 
of Wis. Press 1986) (1968) (listing the first arrivals as the 16th, 
18th, 26th, and 28th Infantry Regiments); see also James Scott Wheeler, 
The Big Red One, at 3 (centennial ed., 1917-2017, 2017) (listing the 
16th, 18th, 26th, and 28th Infantry Regiments as regiments of the First 
Expeditionary Division); History, Soc'y of the 1st Infantry Div., 
https://www.1stid.org/history (last visited Oct. 25, 2019) (stating 
that the First Expeditionary Division was redesignated the First 
Division on July 6, 1917, and the 1st Infantry Division on August 1, 
1942).
    \3\Wheeler, supra note 2, at 102.
    \4\The United States in the First World War 619 (Anne Cipriano 
Venzon ed., 1999).
---------------------------------------------------------------------------
    The First Division Monument was dedicated on October 4, 
1924, in President's Park, southwest of the White House, to 
honor the 5,516 soldiers of the First Division who lost their 
lives during World War I.\5\ On August 24, 1957, an addition to 
the monument was dedicated in honor of the 4,325 soldiers of 
the First Infantry Division who died in World War II.\6\ The 
monument also received additions for the First Infantry 
Division soldiers who died in the Vietnam War and in Operation 
Desert Storm.\7\
---------------------------------------------------------------------------
    \5\First Division Monument, Nat'l Park Serv., https://www.nps.gov/
places/first-division- 
monument.htm (last updated Oct. 25, 2018).
    \6\First Division Monument History, Nat'l Park Serv., https://
www.nps.gov/whho/learn/historyculture/first-division-monument.htm (last 
updated Nov. 16, 2018).
    \7\Id.
---------------------------------------------------------------------------
    H.R. 1088 authorizes further additions to the monument to 
include the names of the more than 13,000 soldiers of the First 
Infantry Division who paid the ultimate sacrifice during U.S. 
military operations, including Operation Desert Storm, 
Operation Iraqi Freedom and New Dawn, and Operation Enduring 
Freedom. The legislation prohibits the use of federal funds to 
alter the monument and stipulates that the Commemorative Works 
Act, which prohibits monuments to military units, does not 
apply to this authorization.

                            COMMITTEE ACTION

    H.R. 1088, the ``First Infantry Recognition of Sacrifice in 
Theater Act'' or the ``FIRST Act,'' was introduced on February 
7, 2019, by Representative Roger W. Marshall (R-KS). The bill 
was referred solely to the Committee on Natural Resources, and 
within the Committee to the Subcommittee on National Parks, 
Forests, and Public Lands. On May 22, 2019, the Subcommittee 
held a hearing on the bill. On June 19, 2019, the Natural 
Resources Committee met to consider the bill. The Subcommittee 
was discharged by unanimous consent. Chair Raul Grijalva (D-AZ) 
offered an amendment designated Grijalva #1 that was agreed to 
by voice vote. No additional amendments were offered, and the 
bill, as amended, was ordered favorably reported to the House 
of Representatives by voice vote.

                                HEARINGS

    For the purposes of section 103(i) of H.Res. 6 of the 116th 
Congress--the following hearing was used to develop or consider 
H.R. 1088: legislative hearing by the Subcommittee on National 
Parks, Forests, and Public Lands held on May 22, 2019.

            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 received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 28, 2019.
Hon. Raul M. Grijalva, 
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1088, the First 
Infantry Recognition of Sacrifice in Theater Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
            Sincerely,
                                             Mark P. Hadley
                                 (For Phillip L. Swagel, Director).
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1088 would authorize the Society of the First Infantry 
Division, a nonprofit organization, to modify the First 
Division Monument located on federal land in President's Park 
in Washington, D.C. Under the bill the Department of the Army 
would provide a list of names of the soldiers killed in recent 
military operations that the Society of the First Infantry 
Division would add to commemorative plaques and stone plinths 
at the monument.
    CBO estimates that implementing H.R. 1088 would have an 
insignificant cost over the 2019-2024 period; any spending 
would be subject to the availability of appropriated funds. 
Costs would be incurred by the Department of the Army to gather 
and provide the list of soldiers' names to the Society of the 
First Infantry Division; under the bill, no federal funding 
would be provided to the society to carry out the modifications 
to the monument.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to authorize the Society of the 
First Infantry Division to make modifications to the First 
Division Monument located on federal land in President's Park 
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.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    This bill contains no unfunded mandates.

                           EXISTING PROGRAMS

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation 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.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

        SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS

    None.

                                  [all]