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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-504

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

 
TO EXTEND THE LEGISLATIVE AUTHORITY OF THE ADAMS MEMORIAL FOUNDATION TO 
ESTABLISH A COMMEMORATIVE WORK IN HONOR OF FORMER PRESIDENT JOHN ADAMS 
                 AND HIS LEGACY, AND FOR OTHER PURPOSES

                                _______
                                

 June 30, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3802]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3802) to extend the legislative authority of the 
Adams Memorial Foundation to establish a commemorative work in 
honor of former President John Adams and his legacy, 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. EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL 
                    ESTABLISHMENT.

  Section 1 of Public Law 107-62 (40 U.S.C. 1003 note), as amended by 
Public Law 111-169, is amended--
          (1) by striking ``2013'' and inserting ``2020'' in subsection 
        (c); and
          (2) by amending subsection (e) to read as follows:
  ``(e) Deposit of Excess Funds for Established Memorial.--
          ``(1) If upon payment of all expenses for the establishment 
        of the memorial (including the maintenance and preservation 
        amount required by section 8906(b)(1) of title 40, United 
        States Code), there remains a balance of funds received for the 
        establishment of the commemorative work, the Adams Memorial 
        Foundation shall transmit the amount of the balance to the 
        account provided for in section 8906(b)(3) of title 40, United 
        States Code.
          ``(2) If 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 Adams Memorial 
        Foundation shall transmit the amount of the balance to a 
        separate account with the National Park Foundation for 
        memorials, to be available to the Secretary of the Interior or 
        the Administrator (as appropriate) following the process 
        provided for in section 8906(b)(4) of title 40, United States 
        Code, for accounts established under section 8906(b)(2) or (3) 
        of title 40, United States Code.''.

                          Purpose of the Bill

    The purpose of H.R. 3802 is to extend the legislative 
authority of the Adams Memorial Foundation to establish a 
commemorative work in honor of former President John Adams and 
his legacy.

                  Background and Need for Legislation

    On November 5, 2001, President George Bush signed Public 
Law 107-62 which authorized the Adams Memorial Foundation to 
establish a commemorative work on Federal land in the District 
of Columbia. The memorial will honor former President John 
Adams, along with his wife Abigail Adams and former President 
John Quincy Adams, and the family's legacy of public service.
    The Foundation has been working toward securing a location 
for the memorial, but a previous extension of their authority 
expired in 2013. H.R. 3802 authorizes an extension to this 
authority so that the Foundation may continue development and 
planning until December 2, 2020.

                            Committee Action

    H.R. 3802 was introduced on December 19, 2013, by 
Congressman Stephen F. Lynch (D-MA). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Public Lands and Environmental Regulation. 
On February 26, 2014, the Subcommittee held a hearing on the 
bill. On April 9, 2014, the Natural Resources Committee met to 
consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an amendment designated 
#1; the amendment was adopted by unanimous consent. The bill, 
as amended, was then adopted and 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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 3802--A bill to extend the Legislative authority of the Adams 
        Memorial Foundation to establish a commemorative work in honor 
        of former President John Adams and his legacy, and for other 
        purposes

    H.R. 3802 would extend, through December 2, 2020, the 
authority of the Adams Memorial Foundation (a private nonprofit 
organization) to construct a commemorative work on federal 
lands within the District of Columbia honoring former President 
John Adams and his family. The authorization for the 
commemorative work related to the Adams family expired on 
December 2, 2013.
    CBO estimates that enacting H.R. 3802 would have no 
significant effect on the federal budget. The commemorative 
work, which would be carried out 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 federal government 
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 
subsequently transferred, without further appropriation, to the 
National Park Foundation (a nonfederal entity) to support 
ongoing maintenance of the memorial.
    Based on the experience of similar commemorative projects, 
CBO expects that any amounts collected by the federal 
government would not be received for several years and would be 
offset by transfers to the National Park Foundation soon 
thereafter. Because enacting H.R. 3802 would affect direct 
spending, pay-as-you-go procedures apply. However, CBO 
estimates that such effects would be insignificant. Enacting 
the bill would not affect revenues.
    H.R. 3802 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 contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.
    2. Section 308(a) of 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. CBO estimates that 
enacting H.R. 3802 would have no significant effect on the 
federal budget.
    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 extend the legislative authority 
of the Adams Memorial Foundation to establish a commemorative 
work in honor of former President John Adams and his legacy.

                           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.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

                     SECTION 1 OF PUBLIC LAW 107-62


   AN ACT To authorize the Adams Memorial Foundation to establish a 
commemorative work on Federal land in the District of Columbia and its 
     environs to honor former President John Adams and his legacy.

SECTION 1. COMMEMORATIVE WORK TO HONOR JOHN ADAMS AND HIS LEGACY.

  (a) Findings.--The Congress finds the following:
          (1) Few families have contributed as profoundly to 
        the United States as the family that gave the Nation 
        its second president, John Adams; its sixth president, 
        John Quincy Adams; first ladies Abigail Smith Adams and 
        Louisa Catherine Johnson Adams; and succeeding 
        generations of statesmen, diplomats, advocates, and 
        authors.
          (2) John Adams (1735-1826), a lawyer, a statesman, 
        and a patriot, was the author of the Constitution of 
        the Commonwealth of Massachusetts (the oldest written 
        constitution still in force), the leader of the Second 
        Continental Congress, a driving force for independence, 
        a negotiator of the Treaty of Paris (which brought the 
        Revolutionary War to an end), the first Vice President, 
        the second President, and an unwavering exponent of 
        freedom of conscience and the rule of law.
          (3) Abigail Smith Adams (1744-1818) was one of the 
        most remarkable women of her time. Wife of former 
        President John Adams and mother of former President 
        John Quincy Adams, she was an early advocate for the 
        rights of women and served the cause of liberty as a 
        prolific writer, fierce patriot, and staunch 
        abolitionist.
          (4) John Quincy Adams (1767-1848), the son of John 
        and Abigail Adams, was a distinguished lawyer, 
        legislator, and diplomat and a master of 7 languages, 
        who served as Senator, Minister to the Netherlands 
        under President George Washington, Minister to Prussia 
        under the first President Adams, Minister to Great 
        Britain under President James Madison, chief negotiator 
        of the Treaty of Ghent (which ended the War of 1812), 
        Secretary of State under President James Monroe, author 
        of the Monroe Doctrine (which declared the Western 
        Hemisphere off limits to European imperial expansion), 
        sixth President, and the only former President to be 
        elected to the House of Representatives, where he was 
        known as ``Old Man Eloquent'' and served with great 
        distinction as a leader in the fight against slavery 
        and a champion of unpopular causes.
          (5) Louisa Catherine Johnson Adams (1775-1852), the 
        wife of former President John Quincy Adams, was an 
        educated, accomplished woman and the only first lady 
        born outside the United States. Like Abigail Adams, she 
        wrote eloquently on behalf of the rights of women and 
        in opposition to slavery.
          (6) Charles Francis Adams (1807-1886), the son of 
        John Quincy and Louisa Adams, served 6 years in the 
        Massachusetts legislature, was a steadfast abolitionist 
        who received the Free Soil Party's vice-presidential 
        nomination in 1848, was elected to his father's seat in 
        the House of Representatives in 1856, and served as 
        ambassador to Great Britain during the Civil War, where 
        his efforts were decisive in preventing the British 
        Government from recognizing the independence of the 
        Confederacy.
          (7) Henry Adams (1838-1918), the son of Charles 
        Francis Adams, was an eminent writer, scholar, 
        historian, and public intellectual, and was the author 
        of many celebrated works, including ``Democracy'', 
        ``The Education of Henry Adams'', and his 9-volume 
        ``History of the United States during the 
        Administrations of Jefferson and Madison''.
          (8) Both individually and collectively, the members 
        of this illustrious family have enriched the Nation 
        through their profound civic consciousness, abiding 
        belief in the perfectibility of the Nation's democracy, 
        and commitment to service and sacrifice for the common 
        good.
          (9) Although the Congress has authorized the 
        establishment of commemorative works on Federal lands 
        in the District of Columbia honoring such celebrated 
        former Presidents as George Washington, Thomas 
        Jefferson, and Abraham Lincoln, the National Capital 
        has no comparable memorial to former President John 
        Adams.
          (10) In recognition of the 200th anniversary of the 
        end of the presidency of John Adams, the time has come 
        to correct this oversight so that future generations of 
        Americans will know and understand the preeminent 
        historical and lasting significance to the Nation of 
        his contributions and those of his family.
  (b) Authority to Establish Commemorative Work.--The Adams 
Memorial Foundation may establish a commemorative work on 
Federal land in the District of Columbia and its environs to 
honor former President John Adams, along with his wife Abigail 
Adams and former President John Quincy Adams, and the family's 
legacy of public service.
  (c) Compliance with Standards for Commemorative Works.--The 
establishment of the commemorative work shall be accordance 
with chapter 89 of title 40, United States Code, except that 
any reference in section 8903(e) of that chapter to the 
expiration at the end of or extension beyond a seven-year 
period shall be considered to be a reference to an expiration 
on or extension beyond December 2, [2013] 2020.
  (d) Use of Federal Funds Prohibited.--Federal funds may not 
be used to pay any expense of the establishment of the 
commemorative work. The Adams Memorial Foundation shall be 
solely responsible for acceptance of contributions for, and 
payment of the expenses of, the establishment of the 
commemorative work.
  [(e) Deposit of Excess Funds.--If, upon payment of all 
expenses of the establishment of the commemorative work 
(including the maintenance and preservation amount provided for 
in section 8(b) of the Commemorative Works Act (40 U.S.C. 8901 
et seq.)), or upon expiration of the authority for the 
commemorative work under section 10(b) of such Act, there 
remains a balance of funds received for the establishment of 
the commemorative work, the Adams Memorial Foundation shall 
transmit the amount of the balance to the Secretary of the 
Treasury for deposit in the account provided for in section 
8(b)(1) of such Act.]
  (e) Deposit of Excess Funds for Established Memorial.--
          (1) If upon payment of all expenses for the 
        establishment of the memorial (including the 
        maintenance and preservation amount required by section 
        8906(b)(1) of title 40, United States Code), there 
        remains a balance of funds received for the 
        establishment of the commemorative work, the Adams 
        Memorial Foundation shall transmit the amount of the 
        balance to the account provided for in section 
        8906(b)(3) of title 40, United States Code.
          (2) If 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 Adams Memorial Foundation shall transmit the 
        amount of the balance to a separate account with the 
        National Park Foundation for memorials, to be available 
        to the Secretary of the Interior or the Administrator 
        (as appropriate) following the process provided for in 
        section 8906(b)(4) of title 40, United States Code, for 
        accounts established under section 8906(b)(2) or (3) of 
        title 40, United States Code.

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