59–010 

Calendar No. 363 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–165 

EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL 

HONORING VETERANS 

SEPTEMBER 17, 2007.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 995] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (H.R. 995) to amend Public Law 106–348 to extend 

the authorization for establishing a memorial in the District of Columbia or its environs to honor veterans who became disabled 

while serving in the Armed Forces of the United States, having 

considered the same, reports favorably thereon without amendment 

and recommends that the Act do pass. 

PURPOSE

The purpose of H.R. 995 is to extend the legislative authority for 

completion of a memorial honoring disabled veterans of the United 

States Armed Forces. 

BACKGROUND AND NEED

In 2000, Congress enacted Public Law 106–348, which authorized 

the Disabled Veterans’ LIFE Memorial Foundation to establish a 

memorial on Federal land in the District of Columbia or its environs to honor veterans who became disabled while serving in the 

Armed Forces of the United States. The Foundation is a 501(c)(3) 

nonprofit organization whose sole purpose is to raise the funds necessary to build the Memorial. The authorizing legislation requires 

the memorial to be constructed in accordance with the Commemorative Works Act (40 U.S.C. 8901 et seq.). 

In December, 2006, Congress enacted Public Law 109–396, which 

specified a site south of the Mall and west of the Rayburn House 


ebenthall on PROD1PC69 with HEARING
2 

Office Building (near the C Street ramp to I–395) as the location 

for the memorial. 

The Commemorative Works Act requires that a memorial’s sponsor fund all costs associated with the planning, design, and construction of the memorial, plus an additional ten percent to be used 

as a maintenance fund. The sponsoring entity must raise all required funds and have the memorial design approved by the appropriate Federal reviews before the Secretary of the Interior is authorized to issue a construction permit. 

To date the Foundation has raised approximately $26 million of 

the estimated $65 million cost of construction. The Foundation 

hopes to have the remaining funds in hand by 2010. 

Under the Commemorative Works Act, legislative authority for a 

memorial expires seven years after the date of enactment of the authorizing legislation, so the Disabled Veterans’ Memorial authority 

expires on October 24, 2007. H.R. 995 extends the authority 

through October 24, 2015. 

LEGISLATIVE HISTORY

H.R. 998, sponsored by Representative Hare, passed the House 

of Representatives by a vote of 390–0 on March 5, 2007. A companion measure, S. 824, was introduced by Senator Thune and cosponsored by Senators Snowe, Dorgan, and Johnson. The Subcommittee on National Parks held a hearing on H.R. 998 and S. 

824 on July 12, 2007. 

Similar legislation, H.R. 4275, passed the House of Representatives in the 109th Congress by a voice vote on September 25, 2006, 

although no further action occurred in the Senate. 

At its business meeting on July 25, 2007, the Committee on Energy and Natural Resources ordered H.R. 995 favorably reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 25, 2007, by a voice vote of a quorum present, 

recommends that the Senate pass H.R. 995. 

SUMMARY OF THE MEASURE

H.R. 995 amends the authorizing legislation for the Disabled Veterans Memorial (Public Law 106–348) to make several conforming 

amendments to reflect the codification of the Commemorative 

Works Act as part of title 40, chapter 89, United States Code, and 

extends the legislative authority for the memorial until October 24, 

2015, notwithstanding the provisions of 40 U.S.C. 8903(e)). 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 


ebenthall on PROD1PC69 with HEARING
3 

JULY 30, 2007. 

Hon. JEFF BINGAMAN, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 995, an act to amend 

Public Law 106–348 to extend the authorization for establishing a 

memorial in the District of Columbia or its environs to honor veterans who became disabled while serving in the Armed Forces of 

the United States. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

H.R. 995—An act to amend Public Law 106–348 to extend the authorization for establishing a memorial in the District of Columbia or its environs to honor veterans who became disabled 

while serving in the Armed Forces of the United States 

H.R. 995 would extend until October 24, 2015, the authority to 

construct a memorial on federal land to honor veterans who became disabled while serving in the Armed Forces of the United 

States. The extension would give the Disabled Veterans’ LIFE Memorial Foundation (the site’s sponsor) an additional eight years to 

obtain the necessary funds and complete the project. 

Because the prospective memorial would be established with 

nonfederal funds, extending the authority to build it would not affect the federal budget. Enacting the legislation would not affect direct spending or revenues. 

H.R. 995 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 contacts for this estimate are Deborah Reis and 

David Reynolds. This estimate was approved by Peter H. Fontaine, 

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 

H.R. 995. The Act 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 H.R. 995, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

July 12, 2007, Subcommittee hearing on H.R. 995 follows: 


ebenthall on PROD1PC69 with HEARING
4 

STATEMENT OF KATHERINE H. STEVENSON, ACTING ASSISTANT DIRECTOR, BUSINESS SERVICES, NATIONAL PARK

SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to appear before you today to 

present the Department of the Interior’s views on S. 824 

and H.R. 995, bills to amend Public Law 106–348 to extend the authorization for establishing a memorial in the 

District of Columbia or its environs to honor veterans who 

became disabled while serving in the Armed Forces of the 

United States. The Department supports enactment of this 

legislation. 

S. 824 and H.R. 995 would authorize an additional eight 

years for the Disabled Veterans’ LIFE Memorial Foundation (Foundation) to establish the American Veterans Disabled for Life Memorial in the District of Columbia. This 

memorial was authorized on October 24, 2000 and the extension would extend the authority to October 24, 2015. 

The authority to establish the memorial will expire on October 24, 2007 if the Foundation has not secured a permit 

to begin construction from the National Park Service 

(NPS) before that date. 

The Foundation has proceeded in a professional and responsible manner in all aspects of the memorial process. 

The site was approved in 2001, the design concept was approved in 2004, and the Foundation continues to seek the 

direction and advice of the NPS, the National Capital 

Planning Commission and the Commission of Fine Arts in 

developing the design of the memorial. We look forward to 

productive meetings with both commissions as the design 

nears completion. 

The Foundation proposes to build the memorial on two 

acres across Washington Avenue from the U.S. Botanic 

Gardens and just east of the Department of Health and 

Human Services headquarters building. The triangularshaped site is bounded by Second Street to the west, 

Washington Avenue to the east, and the I–395 tunnel portals on the south. The property was managed by the District of Columbia until December 15, 2006. The site was 

then transferred to the National Park Service under the 

terms of the Federal and District of Columbia Government 

Real Property Act of 2006. 

In 2004, the Foundation proceeded to the point of developing its approved design concept but could move no further until the management of the property was determined. Valuable planning time for the memorial was lost 

while this legislation was under consideration in the 109th 

Congress. Given the legislative delay as well as the unique 

aspects of this site and the need to revise traffic patterns 

in order to achieve both a site worthy of this memorial and 

the proper urban design in the context of both the U.S. 

Capitol and the U.S. Botanic Gardens, we feel it is fair to 

allow the Foundation additional time beyond the four 

months that now remain available to the Foundation to 


ebenthall on PROD1PC69 with HEARING
5 

continue fundraising and complete the design development. We have every expectation that groundbreaking for 

the memorial will occur within the time period this proposed extension will allow. 

There are four instances where similar extensions of 

time have been granted for the completion of truly superior memorials that the Department manages. They are 

the memorials to Women in Military Service for America, 

George Mason, World War II, and Victims of Communism. 

Extensions also have been granted for the Martin Luther 

King, Jr. Memorial, and we are currently working with the 

Martin Luther King, Jr., Memorial Foundation in the development of the design in consultation with the National 

Capital Planning Commission and the Commission of Fine 

Arts. 

The Department has enjoyed an excellent working relationship with the Disabled Veterans LIFE Memorial Foundation and we are confident that this extension is an appropriate action and worthy of your consideration. 

Mr. Chairman, thank you for the opportunity to comment. This concludes my prepared remarks and I will be 

happy to answer any questions you or other committee 

members might have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by H.R. 995, as 

ordered 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 106–348 

106th Congress 

Approved October 24, 2000 

AN ACT To authorize the Disabled Veterans’ LIFE Memorial Foundation to establish a memorial in the District of Columbia or its environs to honor veterans who 

became disabled while serving in the Armed Forces of the United States 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

SECTION 1. MEMORIAL TO HONOR DISABLED VETERANS OF THE 

UNITED STATES ARMED FORCES. 

(a) MEMORIAL AUTHORIZED.—The Disabled Veterans’ LIFE Memorial Foundation is authorized to establish a memorial on Federal 

land in the District of Columbia or its environs to honor veterans 

who became disabled while serving in the Armed Forces of the 

United States. 

(b) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE

WORKS.—øThe establishment¿ Except as provided in subsection (e), 

the establishment of the memorial shall be in accordance with the 

øCommemorative Works Act (40 U.S.C. 1001 et seq.)¿ chapter 89 

of title 40, United States Code. 


ebenthall on PROD1PC69 with HEARING
6 

(c) PAYMENT OF EXPENSES.—The Disabled Veterans’ LIFE Memorial Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment 

of the memorial. No Federal funds may be used to pay any expense 

of the establishment of the memorial. 

(d) DEPOSIT OF EXCESS FUNDS.—If, upon payment of all expenses 

of the establishment of the memorial (including the maintenance 

and preservation amount required under øsection 8(b) of the Commemorative Works Act (40 U.S.C. 1008(b))¿ section 8906 of title 40, 

United States Code), øor upon expiration of the authority for the 

memorial under section 10(b) of such Act (40 U.S.C. 1010(b)),¿ 

there remains a balance of funds received for the establishment of 

the memorial, the Disabled Veterans’ LIFE Memorial Foundation 

shall transmit the amount of the balance to the Secretary of the 

Treasury for deposit in the account provided for in øsection 8(b)(1) 

of such Act (40 U.S.C. 1008(b)(1)¿ 8906(b)(2) or (3) of such title. 

(e) TERMINATION OF AUTHORITY.—Notwithstanding section 

8903(e) of title 40, United States Code, the authority to establish the 

memorial under this section shall expire on October 24, 2015. 

Æ 


ebenthall on PROD1PC69 with HEARING