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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-602

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


 
  AUTHORIZING THE PEACE CORPS COMMEMORATIVE FOUNDATION TO ESTABLISH A 
 COMMEMORATIVE WORK IN THE DISTRICT OF COLUMBIA AND ITS ENVIRONS, AND 
                           FOR OTHER PURPOSES

                                _______
                                

 September 16, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 4195]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 4195) to authorize the Peace Corps Commemorative 
Foundation to establish a commemorative work in the District of 
Columbia and its environs, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. MEMORIAL TO COMMEMORATE THE ESTABLISHMENT OF THE PEACE CORPS 
                    AND TO HONOR THE IDEALS UPON WHICH IT WAS FOUNDED.

  (a) Authorization To Establish Commemorative Work.--The Peace Corps 
Commemorative Foundation may establish a commemorative work on Federal 
land in the District of Columbia and its environs to commemorate the 
formation of the Peace Corps and to honor the ideals upon which the 
Peace Corps was founded.
  (b) Compliance With Standards for Commemorative Works Act.--The 
establishment of the commemorative work shall be in accordance with 
chapter 89 of title 40, United States Code (commonly known as the 
``Commemorative Works Act'').
  (c) Use of Federal Funds Prohibited.--Federal funds may not be used 
to pay any expense of the establishment of the commemorative work. The 
Peace Corps Commemorative Foundation shall be solely responsible for 
acceptance of contributions for, and payment of the expenses of, the 
establishment of the commemorative work.
  (d) Deposit of Excess Funds.--If, upon payment of all expenses for 
the establishment of the commemorative work (including the maintenance 
and preservation amount required by section 8906(b)(1) of title 40, 
United States Code), or upon expiration of the authority for the 
commemorative work under section 8903(e) of title 40, United States 
Code, there remains a balance of funds received for the establishment 
of the commemorative work, the Peace Corps Commemorative Foundation 
shall transmit the amount of the balance to the Secretary of the 
Interior for deposit in the account provided for in section 8906(b)(3) 
of title 40, United States Code.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4195 is to authorize the Peace Corps 
Commemorative Foundation to establish a commemorative work in 
the District of Columbia and its environs.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4195 would authorize the Peace Corps Commemorative 
Foundation to establish a memorial to ``honor the preeminent 
historical and lasting significance of the establishment of the 
Peace Corps . . . and the American ideals and values upon which 
it was founded.''
    The Peace Corps traces its roots and mission to 1960, when 
then-Senator John F. Kennedy, during an impromptu speech to 
students at the University of Michigan, challenged those young 
adults to give two years of their lives to help people in 
countries of the developing world. Five months later, President 
Kennedy signed an executive order, establishing the Peace Corps 
as a federal agency devoted to world peace and friendship.
    Since that time, nearly 200,000 Peace Corps Volunteers have 
served in 139 host countries to train local people in 
technologies and issues including agricultural production, 
water quality improvement, basic education, AIDS education, 
information technology and environmental preservation.
    The Foundation envisions that the memorial will be ``an 
experiential landscape in which to stroll, gather, rest and 
meditate,'' rather than a statue or building, and is seeking a 
``small, little-used, yet visible site near Washington's 
Monumental Core.'' H.R. 4195 requires that the monument comply 
with the Commemorative Works Act (P.L. 102-216) and would 
forbid the use of federal funds for establishment of the 
monument.

                            COMMITTEE ACTION

    H.R. 4195 was introduced by Representative Sam Farr (D-CA) 
on December 3, 2009. The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests and Public Lands. At a June 24, 
2010, hearing before the Subcommittee, a representative of the 
Department of the Interior testified that the Department 
supports the bill if amended to describe more clearly the 
ideals being commemorated and set an appropriate and high 
threshold for future commemorations of ``ideals.''
    On July 22, 2010, the Subcommittee was discharged from 
further consideration of H.R. 4195 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Raul Grijalva (D-AZ) offered a package of en bloc 
amendments making three technical corrections. The amendments 
were adopted by unanimous consent. The bill, as amended, was 
then ordered favorably reported to the House of Representatives 
by unanimous consent.

            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.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. 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 Peace Corps 
Commemorative Foundation to establish a commemorative work in 
the District of Columbia and its environs.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 4195--A bill to authorize the Peace Corps Commemorative Foundation 
        to establish a commemorative work in the District of Columbia 
        and its environs, and for other purposes

    H.R. 4195 would authorize a nonprofit organization to 
establish a commemorative work on federal lands in the District 
of Columbia. The bill would affect direct spending; therefore, 
pay-as-you-go procedures apply. However, CBO estimates that the 
net effect on the budget of enacting the legislation would be 
insignificant in any year.
    H.R. 4195 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 legislation would authorize the Peace Corps 
Commemorative Foundation to establish a memorial to honor the 
Peace Corps. The memorial project, which would be completed 
without the use of federal funds, would be subject to the 
requirements of the Commemorative Works Act. Under that act, 
any entity that receives a permit to construct a memorial in 
the District of Columbia or its environs must donate to the 
National Park Foundation (a nonprofit organization) an amount 
equal to 10 percent of the memorial's estimated construction 
cost. That amount, as well as any project funds remaining after 
construction of the memorial, would be available in future 
years for maintenance of the memorial.
    Based on the experience of similar commemorative projects, 
CBO expects that any amounts received by the federal government 
would not be received for several years and would be offset by 
a transfer to the National Park Foundation soon thereafter.
    The CBO staff contact for this estimate is Daniel Hoople. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 4195 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

                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.