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[Senate Report 114-336]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 572
114th Congress    }                                      {      Report
                                 SENATE
 2d Session       }                                      {     114-336

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          KOREAN WAR VETERANS MEMORIAL WALL OF REMEMBRANCE ACT

                                _______
                                

               September 6, 2016.--Ordered to be printed

                                _______
                                

        Ms. Murkowski, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 1475]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (H.R. 1475) to authorize a Wall of 
Remembrance as part of the Korean War Veterans Memorial and to 
allow certain private contributions to fund that Wall of 
Remembrance, having considered the same, reports favorably 
thereon with an amendment in the nature of a substitute and 
recommends that the bill, as amended, do pass.
    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 ``Korean War Veterans Memorial Wall of 
Remembrance Act''.

SEC. 2. WALL OF REMEMBRANCE.

    (a) Authorization.----
          (1) In general.--Notwithstanding section 8908(c) of title 40, 
        United States Code, the Korean War Veterans Memorial 
        Foundation, Inc., may construct a Wall of Remembrance at the 
        site of the Korean War Veterans Memorial.
          (2) Requirement.----
                  (A) In general.--The Wall of Remembrance shall 
                include a list of names of members of the Armed Forces 
                of the United States who died in the Korean War, as 
                determined by the Secretary of Defense, in accordance 
                with subparagraph (B).
                  (B) Criteria; submission to the secretary of the 
                interior.--The Secretary of Defense shall----
                          (i) establish eligibility criteria for the 
                        inclusion of names on the Wall of Remembrance 
                        under subparagraph (A); and
                          (ii) provide to the Secretary of the Interior 
                        a final list of names for inclusion on the Wall 
                        of Remembrance under subparagraph (A) that meet 
                        the criteria established under clause (i).
          (3) Additional information.--The Wall of Remembrance may 
        include other information about the Korean War, including the 
        number of members of the Armed Forces of the United States, the 
        Korean Augmentation to the United States Army, the Republic of 
        Korea Armed Forces, and the other nations of the United Nations 
        Command who, in regards to the Korean War----
                  (A) were killed in action;
                  (B) were wounded in action;
                  (C) are listed as missing in action; or
                  (D) were prisoners of war.
    (b) Commemorative Works Act.--Except as provided in subsection 
(a)(1), chapter 89 of title 40, United States Code (commonly known as 
the ``Commemorative Works Act''), shall apply.
    (c) No Federal Funds.--No Federal funds may be used to construct 
the Wall of Remembrance.

                                PURPOSE

    The purpose of H.R. 1475 is to authorize a Wall of 
Remembrance as part of the Korean War Veterans Memorial and to 
allow certain private contributions to fund that Wall of 
Remembrance.

                          BACKGROUND AND NEED

    On October 28, 1986, Congress passed Public Law 99-572, 
authorizing the construction of the Korean War Veterans 
Memorial located near the Lincoln Memorial on the National Mall 
in Washington, D.C. The Memorial falls within an area known as 
the Reserve. Congress created the Reserve in November 2003 (by 
Public Law 108-126) to prohibit the addition of future 
memorials within the area.
    The Memorial commemorates the sacrifices of 5.8 million 
Americans worldwide who served in the U.S. armed services 
during the three-year period of the Korean War. The Memorial 
also recognizes the participation of the 22 nations who served 
as United Nations contributors. During the Korean War's 
duration (June 25, 1950-July 27, 1953) 54,246 Americans died 
worldwide. Of these, 8,200 are listed as missing in action, 
lost, or buried at sea. An additional 103,284 were wounded 
during the conflict.
    H.R. 1475 authorizes the Korean War Veterans Memorial 
Foundation to add a Wall of Remembrance with a list of names of 
members of the Armed Forces of the United States who died in 
the Korean War, as determined by the Secretary of Defense. The 
Wall of Remembrance authorized by H.R. 1475 may include 
additional information about the Korean War, including the 
number of service members who were wounded in action, are 
listed as missing in action, or who were prisoners of war 
during the Korean War, as well as the number of members of the 
Korean Augmentation to the U.S. Army, the Republic of Korean 
Armed Forces, and other nations of the United Nations Command 
who were killed in action, wounded in action, are listed as 
missing in action, or were prisoners of war.
    The Wall of Remembrance is to be constructed in accordance 
with the Commemorative Works Act. Additionally, the Wall of 
Remembrance will be financed solely through non-governmental 
funds.

                          LEGISLATIVE HISTORY

    Representative Sam Johnson introduced H.R. 1475 on March 
19, 2015. On February 3, 2016, the House Natural Resources 
Committee ordered H.R. 1475 reported. The House of 
Representatives passed H.R. 1475 under suspension of the rules 
by voice vote on February 24, 2016.
    Senators Cardin and Boozman introduced similar legislation, 
S. 1982, in the Senate on August 5, 2015. The Subcommittee on 
National Parks held a hearing on the measure on March 17, 2016.
    In the 113th Congress, Representative Ralph Hall introduced 
H.R. 318 on January 18, 2013. The Subcommittee on Public Lands 
and Environmental Regulation held a hearing on the bill on June 
10, 2014.
    The Committee on Energy and Natural Resources met in open 
business session on July 13, 2016, and ordered H.R. 1475 
favorably reported as amended. The bill was placed on the 
Senate Calendar on July 14, 2016 (Cal. No. 572).

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 1475, the Committee 
adopted an amendment in the nature of a substitute to authorize 
a Wall of Remembrance as part of the Korean War Veterans 
Memorial and to allow certain private contributions to fund 
that Wall of Remembrance. The amendment also made the Wall of 
Remembrance subject to the Commemorative Works Act.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 13, 2016, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
1475, if amended, as described herein.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 contains the short title.

Section 2. Wall of Remembrance

    Section 2(a) authorizes the Korean War Veterans Memorial 
Foundation, Inc. to construct a Wall of Remembrance at the site 
of the Korean War Veterans Memorial. The Wall of Remembrance 
shall include a list of names of members of the Armed Forces of 
the United States who died in the Korean War, as determined by 
the Secretary of Defense. The Secretary of Defense is directed 
to establish eligibility criteria for the inclusion of names on 
the Wall on Remembrance and provide the final list of names to 
the Secretary of the Interior for inclusion on the wall. The 
Wall of Remembrance may include other information about the 
Korean War; including the number of members of the Armed Forces 
of the United States, the Korean Augmentation to the United 
States Army, the Republic of Korea Armed Forces, and the other 
nations of the United Nations Command who were killed in 
action; were wounded in action; are listed as missing in 
action; or were prisoners of war.
    Subsection (b) clarifies that the Wall of Remembrance is to 
be constructed in accordance with the Commemorative Works Act.
    Subsection (c) clarifies that no federal funds may be used 
to construct the Wall of Remembrance.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 8, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1475, the Korean 
War Veterans Memorial Wall of Remembrance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jon Sperl.
            Sincerely,
                                            Mark P. Hadley,
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 1475--Korean War Veterans Memorial Wall of Remembrance Act

    H.R. 1475 would authorize the expansion of the Korean War 
Veterans Memorial in Washington, D.C. Under the bill, the 
memorial would be expanded to include a ``Wall of Remembrance'' 
that would commemorate U.S. and United Nations forces who were 
killed, wounded, found to be missing in action, or were taken 
as prisoners of war during the Korean War.
    Under the bill, construction of the project would be funded 
with private donations. However, the National Park Service 
(NPS) would be responsible for maintaining the addition once it 
is completed. Based on information from the NPS, CBO expects 
that the project would not be completed for a few years because 
funds are not currently sufficient to begin construction.
    CBO estimates that implementing the legislation would have 
an insignificant cost to the federal government over the 2017-
2021 period, mostly because maintenance costs would not be 
incurred until the memorial has been completed. Because 
enacting H.R. 1475 would not affect direct spending or 
revenues, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 1475 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 1475 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.
    On February 19, 2016, CBO transmitted a cost estimate for 
H.R. 1475 as ordered reported by the House Committee on Natural 
Resources on February3, 2016. The two versions of the 
legislation are similar and CBO's estimates of their budgetary 
effects are the same.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was approved by Theresa Gullo, 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. 1475. The bill 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. 1475, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 1475, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the National Park Service at the 
March 17, 2016, Subcommittee on National Parks hearing on H.R. 
1475 follows:

  Statement of Peggy O'Dell, Deputy Director for Operations, National 
             Park Service, U.S. Department of the Interior

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to present the views of the Department of the 
Interior on S. 1982, a bill to authorize a Wall of Remembrance 
as part of the Korean War Veterans Memorial and to allow 
certain private contributions to fund that Wall of Remembrance.
    The Department appreciates the effort to recognize the 
service men and women who gave their lives during the Korean 
War, but we oppose S. 1982 because it would significantly alter 
the character of the existing Korean War Veterans Memorial, and 
it is inconsistent with the Commemorative Works Act.
    S. 1982 would amend Public Law 99-572 to expand upon the 
original purpose and design of the Korean War Veterans 
Memorial. The bill adds new subjects for commemoration and 
would require the display of certain information at the 
memorial about members of the United States Armed Forces who 
served in the Korean Conflict Also, the bill would require the 
display of information at the memorial about members of the 
Korean armed forces and other Korean military personnel as well 
as the 20 other non-U.S. forces that were part of the United 
Nations Command who served in the Korean Conflict.
    The Korean War Veterans Memorial commemorates the 
sacrifices of over 5.7 million Americans who served in the U.S. 
armed services during the three-year period of the Korean War. 
The Memorial also recognizes the participation of the 22 
nations who served as United Nations contributors. During the 
Korean War's relatively short duration from June 25, 1950, to 
July 27, 1953, 54,246 Americans died. Of these, 8,200 are 
listed as missing in action, lost, or buried at sea. In 
addition, 103,284 were wounded during the conflict.
    The Memorial was designed, constructed and completed by its 
legislatively designated sponsor, the American Battle Monuments 
Commission (ABMC) and the Korean War Veterans Memorial Advisory 
Board, with public involvement throughout. It was dedicated on 
July 27, 1995.
    The Memorial's design, and each of its features down to its 
plantings, is symbolic. The Memorial is the culmination of 
years of work by the ABMC, and careful reviews, followed by 
revisions, and ultimately approvals reached by the National 
Park Service and other federal entities including the National 
Capital Planning Commission and the U.S. Commission of Fine 
Arts. This painstaking and public process began with the 
competition design, and resulted in the completed Memorial we 
know today. The Memorial should not now be changed to include 
the engraving of names of Americans who died in that conflict. 
The opportunity to mimic the design characteristics present at 
the Vietnam Veterans Memorial was purposefully avoided when the 
design was requested during an open, international design 
competition.
    The concept of engraving names at this Memorial was 
considered extensively when the Memorial was being designed. 
The ABMC and the Korean War Veterans Memorial Advisory Board 
with the Department's concurrence, advised against the 
incorporation of engraved names at the Memorial. Both agencies 
arrived at this decision upon reflection of years of experience 
with the Vietnam Veterans Memorial. Inscribing names is a 
lengthy and painstaking process even when it goes smoothly. But 
more important, as the Vietnam Veterans Memorial experience 
showed, there is not always agreement on those names to be 
included and those names that are not, and this has led to 
public contention and controversy. Choosing some names and 
omitting others causes a place of solace to become a source of 
hurt. The Vietnam Veterans Memorial honors all who served in 
that conflict, but only the names of those killed within the 
combat zone, and confirmed by the Department of Defense, meet 
the criteria to be engraved on the Wall. This means that those 
killed by a fire on a Navy ship just outside the zone are not 
eligible to have their names engraved on the wall--a difficult 
message for their survivors to accept.
    The ABMC and the Department felt the lessons learned at the 
Vietnam Veterans Memorial must not be ignored, that a different 
type of commemoration must occur at the Korean War Veterans 
Memorial, and that the Memorial should be representative in 
design and not include individual names. As a compromise to the 
Korean War veterans who wanted the names engraved, ABMC created 
the Korean War Honor Roll, which is an electronic registry of 
names. Visitors have access to this registry from the Internet 
or at the kiosks at the Memorial. A kiosk containing the Korean 
War Honor Roll stands at the west entrance of the Memorial. It 
is serviced by a National Park Service ranger, who provides 
assistance to visitors. The Honor Roll computer contains the 
names of all military personnel who lost their lives during the 
Korean War, including the individual's name, service, rank, 
service number, date of birth, hometown or county of entry into 
the service, cause of death, and date of death. If the 
information is furnished to ABMC, the Honor Roll includes the 
serviceman's unit, his awards, the circumstances surrounding 
his death or his going missing in action and a photograph. The 
ABMC also has the names of those missing engraved at the Courts 
of the Missing at the Honolulu Memorial.
    The Korean War Veterans Memorial is located near the 
Lincoln Memorial on the National Mall in Washington, D.C., in 
an area designated by Congress in the Commemorative Works Act 
as the Reserve an area in which no new commemorative works 
shall be located. As Congress noted in the law creating the 
Reserve, ``. . . the great cross-axis of the Mall in the 
District of Columbia . . . is a substantially completed work of 
civic art; and . . . to preserve the integrity of the Mall, a 
reserve area should be designated . . . where the siting of new 
commemorative works is prohibited.'' The Korean War Veterans 
Memorial is a completed work of civic art in this special 
landscape of the Reserve. Moreover, we cannot ignore the 
practical effect of this legislation. Essentially, the Memorial 
wall would be a second Korean War Veterans Memorial, 
effectively thwarting the intent of the Commemorative Works Act 
to prohibit new memorials within the Reserve and would be an 
addition that would significantly alter the character of the 
existing Memorial. And this second memorial would have the 
effect of violating the Commemorative Works Act prohibition on 
interfering or encroaching on an existing memorial.
    We feel very strongly that the Korean War Veterans 
Memorial, like the Vietnam Veterans Memorial, exists to recall 
the exemplary service and sacrifice of outstanding Americans, 
and this memorial has already been completed as it stands 
today. The Korean War Veterans Memorial is a place of honor and 
dignity and we should avoid any intrusions that will become a 
source of contention or controversy.
    Mr. Chairman, this concludes my statement. I would be happy 
to answer any questions that you or other members of the 
subcommittee may have regarding this bill.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]
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