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116th Congress }                                            {  Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                            { 116-466

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

 
                    FALLEN JOURNALISTS MEMORIAL ACT

                                _______
                                

 August 4, 2020.--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. 3465]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3465) to authorize the Fallen Journalists 
Memorial Foundation to establish a commemorative work in the 
District of Columbia and its environs, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment 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 ``Fallen Journalists Memorial Act''.

SEC. 2. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK.

  (a) In General.--The Fallen Journalists Memorial Foundation may 
establish a commemorative work on Federal land in the District of 
Columbia and its environs to commemorate America's commitment to a free 
press as represented by journalists who sacrificed their lives in their 
line of work.
  (b) Compliance With Standards for Commemorative Works.--The 
establishment of the commemorative work under this section shall be in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the ``Commemorative Works Act'').
  (c) Prohibition on Use of Federal Funds.--
          (1) In general.--Federal funds may not be used to pay any 
        expense of the establishment of the commemorative work under 
        this section.
          (2) Responsibility of the fallen journalists memorial 
        foundation.--The Fallen Journalists Memorial Foundation shall 
        be solely responsible for acceptance of contributions for, and 
        payment of the expenses of, the establishment of the 
        commemorative work under this section.
  (d) Deposit of Excess Funds.--
          (1) In general.--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), there remains a 
        balance of funds received for the establishment of the 
        commemorative work, the Fallen Journalists Memorial 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.
          (2) On expiration of authority.--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 
        Fallen Journalists 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 Administrator (as appropriate) following the 
        process provided 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. 3465 is to authorize the Fallen 
Journalists Memorial Foundation to establish a commemorative 
work in the District of Columbia and its environs, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    According to the Newseum, at least 2,355 reporters, 
photographers, and broadcasters have died while covering events 
around the world, including 159 from the United States.\1\ On 
June 28, 2018, the U.S. saw the deadliest attack on journalists 
in our country's modern history when five Capital Gazette 
employees were killed in their Annapolis, Maryland newsroom.
---------------------------------------------------------------------------
    \1\Journalists Memorial, Newseum, https://www.newseum.org/exhibits/
online/journalists-memorial/ (last visited July 31, 2020).
---------------------------------------------------------------------------
    To commemorate America's commitment to a free press as 
represented by journalists who sacrificed their lives in their 
line of work, H.R. 3465 would authorize the Fallen Journalists 
Memorial Foundation to establish a commemorative work on 
federal land in the District of Columbia and its environs. The 
memorial would ``pay tribute to the reporters, 
photojournalists, producers, editors and others who have died 
while performing their jobs as journalists.''\2\ The 
legislation stipulates that the monument would be established 
in accordance with the Commemorative Works Act and without the 
use of federal funds.
---------------------------------------------------------------------------
    \2\About, Fallen Journalists Memorial Foundation, https://
www.fallenjournalists.org/about/ (last visited July 31, 2020).
---------------------------------------------------------------------------

                            COMMITTEE ACTION

    H.R. 3465 was introduced on June 25, 2019, by 
Representative Grace Napolitano (D-CA). 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 December 4, 2019, the Subcommittee held a 
hearing on the bill. On January 15, 2020, the Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged by unanimous consent. Chair Raul M. Grijalva (D-AZ) 
offered an amendment in the nature of a substitute. Chair 
Grijalva offered an amendment designated Grijalva #1 to the 
amendment in the nature of a substitute. The amendment was 
agreed to by unanimous consent. The amendment in the nature of 
a substitute offered by Chair Grijalva, as amended, was agreed 
to by unanimous consent. The bill, as amended, was adopted and 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                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. 3465: legislative hearing by the Subcommittee on 
National Parks, Forests, and Public Lands held on December 4, 
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, February 12, 2020.
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. 3465, the Fallen 
Journalists Memorial Act of 2019.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.

    Enclosure.
    
    
    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 3465 would authorize the nonprofit Fallen Journalists 
Memorial Foundation to establish a commemorative work in or 
near Washington, D.C. The bill would prohibit the use of 
federal funds to establish the memorial.
    The project would be subject to the provisions of the 
Commemorative Works Act. Under that act, any entity that 
receives a construction permit for a commemorative work must 
also donate an amount equal to 10 percent of the memorial's 
estimated cost of construction to the National Park Foundation, 
a nonprofit organization whose subsequent donations to the 
National Park Service are recorded on the budget. That donation 
and any project funds remaining after construction would be 
available for maintenance of the memorial without further 
appropriation.
    Based on the experiences of similar projects, CBO expects 
that any amounts collected by the federal government for 
maintenance of the monument would not be received for several 
years and would be offset by expenditure soon thereafter. Thus, 
CBO estimates that the legislation's net effect on direct 
spending would be negligible.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of 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 Fallen Journalists 
Memorial Foundation to establish a commemorative work in the 
District of Columbia and its environs, and for other purposes.

                           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.