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[House Report 115-566]
[From the U.S. Government Publishing Office]

115th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      115-566

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TO ESTABLISH THE ADAMS MEMORIAL COMMISSION TO CARRY OUT THE PROVISIONS 
              OF PUBLIC LAW 107-62, AND FOR OTHER PURPOSES

                                _______
                                

 February 16, 2018.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1220]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1220) to establish the Adams Memorial Commission 
to carry out the provisions of Public Law 107-62, 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. ADAMS MEMORIAL COMMISSION.

  (a) Commission.--There is established a commission to be known as the 
``Adams Memorial Commission'' (referred to in this section as the 
``Commission'') for the purpose of establishing a permanent memorial to 
honor John Adams and his legacy as authorized by Public Law 107-62, 
located in the city of Washington, District of Columbia, including 
sites authorized by Public Law 107-315.
  (b) Membership.--The Commission shall be composed of--
          (1) four persons appointed by the President, not more than 
        two of whom may be members of the same political party;
          (2) four Members of the Senate appointed by the President pro 
        tempore of the Senate in consultation with the Majority Leader 
        and Minority Leader of the Senate, of which not more than two 
        appointees may be members of the same political party; and
          (3) four Members of the House of Representatives appointed by 
        the Speaker of the House of Representatives in consultation 
        with the Majority Leader and Minority Leader of the House of 
        Representatives, of which not more than two appointees may be 
        members of the same political party.
  (c) Chair and Vice Chair.--The members of the Commission shall select 
a Chair and Vice Chair of the Commission. The Chair and Vice Chair 
shall not be members of the same political party.
  (d) Vacancies.--Any vacancy in the Commission shall not affect its 
powers if a quorum is present, but shall be filled in the same manner 
as the original appointment.
  (e) Meetings.--
          (1) Initial meeting.--Not later than 45 days after the date 
        on which a majority of the members of the Commission have been 
        appointed, the Commission shall hold its first meeting.
          (2) Subsequent meetings.--The Commission shall meet at the 
        call of the Chair.
  (f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum but a lesser number of members may hold hearings.
  (g) No Compensation.--A member of the Commission shall serve without 
compensation, but may be reimbursed for expenses incurred in carrying 
out the duties of the Commission.
  (h) Duties.--The Commission shall consider and formulate plans for a 
permanent memorial to honor John Adams and his legacy, including the 
nature, location, design, and construction of the memorial.
  (i) Powers.--The Commission may--
          (1) make such expenditures for services and materials for the 
        purpose of carrying out this section as the Commission 
        considers advisable from funds appropriated or received as 
        gifts for that purpose;
          (2) accept gifts, including funds from the Adams Memorial 
        Foundation, to be used in carrying out this section or to be 
        used in connection with the construction or other expenses of 
        the memorial; and
          (3) hold hearings, enter into contracts for personal services 
        and otherwise, and do such other things as are necessary to 
        carry out this section.
  (j) Reports.--The Commission shall--
          (1) report the plans required by subsection (h), together 
        with recommendations, to the President and the Congress at the 
        earliest practicable date; and
          (2) in the interim, make annual reports on its progress to 
        the President and the Congress.
  (k) Applicability of Other Laws.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Commission.
  (l) Termination.--The Commission shall terminate 7 years after the 
date of the enactment of this Act.

SEC. 2. AMENDMENT TO PUBLIC LAW 107-62.

  Public Law 107-62 is amended by striking ``Adams Memorial 
Foundation'' each place it occurs and inserting ``Adams Memorial 
Commission''.

                          Purpose of the Bill

    The purpose of H.R. 1220 is to establish the Adams Memorial 
Commission to carry out the provisions of Public Law 107-62.

                  Background and Need for Legislation

    The Adams family, including our nation's second President, 
John Adams, his wife Abigail Adams, and their son, the sixth 
President, John Quincy Adams, has made a distinguished 
contribution to American history. Following his service as our 
Nation's first Vice President, John Adams was elected President 
in 1796. Abigail Adams, an early advocate of women's rights and 
a staunch abolitionist, is regarded as one of the most 
influential First Ladies. John Quincy Adams served in the 
Senate and as Secretary of State in the Monroe Administration 
prior to his election as President in 1824. He was subsequently 
elected to the House of Representatives, where he served until 
his death in 1848. Despite the enormous contributions of John 
Adams and his family to our nation, there is no memorial in 
Washington, D.C., dedicated to their legacy.
    On November 5, 2001, President George W. Bush signed Public 
Law 107-62, which authorized the Adams Memorial Foundation to 
use private funds to construct a commemorative work on federal 
land in the District of Columbia honoring former President John 
Adams and the Adams family. On December 2, 2002, Congress 
enacted Public Law 107-315, approving the location for the 
commemorative work within Area I, the monumental core area in 
Washington, D.C., described in the Commemorative Works Act 
(CWA, 40 U.S.C. 8901 et seq.). Under the CWA, a construction 
permit for the commemorative work must be issued within seven 
years of authorization, or the legislative authority lapses.
    Since 2001, the Adams Memorial Foundation has established a 
board of trustees and supporting committees, developed initial 
design concepts, conducted reviews of potential locations, 
engaged commemorative planning and design services, and 
coordinated with Congress, the National Park Service, and other 
stakeholders. It has not, however, been able to select a site, 
design the memorial, receive the requisite approvals, or raise 
sufficient funds for the construction. Under the CWA, the 
original legislative authority to establish the memorial 
expired on December 2, 2009. Congress subsequently extended the 
Foundation's authority until September 30, 2010, through Public 
Law 111-88; until December 2, 2013, through Public Law 111-169; 
and more recently, until December 2, 2020, through Public Law 
113-291.
    H.R. 1220 would establish the Adams Memorial Commission to 
plan, accept funds for, and construct a permanent memorial to 
John Adams and his legacy. The authorities and responsibilities 
previously conferred on Adams Memorial Foundation will be 
transferred to the Adams Memorial Commission, and the 
Commission will expire seven years following enactment of the 
Act.

                            Committee Action

    H.R. 1220 was introduced on February 27, 2017, 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 Federal Lands. On January 10, 2018, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
Rob Bishop (R-UT) offered an amendment designated #1; it was 
adopted by unanimous consent. No additional amendments were 
offered and the bill, as amended, was 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 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 15, 2018.
Hon. Rob Bishop,
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. 1220, a bill to 
establish the Adams Memorial Commission to carry out the 
provisions of Public Law 107-62, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 1220--A bill to establish the Adams Memorial Commission to carry 
        out the provisions of Public Law 107-62, and for other purposes

    H.R. 1220 would establish the Adams Memorial Commission to 
plan, accept funds for, and construct a permanent memorial in 
Washington, D.C., to honor John Adams. The commission would 
consist of 12 members and would terminate 7 years after 
enactment. Under the bill, members of the commission would 
serve without pay, but could be reimbursed for expenses in 
carrying out their duties. CBO estimates that any such costs, 
which would be subject to appropriation, would not be 
significant.
    Public Law 107-62 authorized the nonprofit Adams Memorial 
Foundation to establish the memorial in accordance with the 
Commemorative Works Act (CWA) and to collect donations for that 
purpose. The foundation's authority to establish the memorial 
expires December 2, 2020. H.R. 1220 would transfer the 
foundation's authorities to the new commission.
    The bill would authorize the commission to accept 
donations, which would be recorded in the budget as offsetting 
receipts (or, reductions in direct spending) and to spend those 
receipts without further appropriation. Under the CWA, any 
entity that receives a permit to construct a memorial must 
donate to the National Park Foundation (a nonprofit 
organization) an amount equal to 10 percent of the estimated 
construction cost. That amount and any project funds remaining 
after construction would be available in the future for the 
memorial's maintenance.
    Because enacting H.R. 1220 would affect direct spending, 
pay-as-you-go procedures apply. However, 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 an 
expenditure soon thereafter. Thus, CBO estimates, the net 
effect on direct spending would be insignificant. Enacting the 
bill would not affect revenues.
    CBO estimates that enacting H.R. 1220 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 1220 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. 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 establish the Adams Memorial 
Commission to carry out the provisions of Public Law 107-62.

                           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. This bill does not contain any 
directed rule makings.
    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

         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 italics, and existing law in which no 
change is proposed is shown in roman):

                           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] Adams Memorial Commission 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 in 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, 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] Adams 
Memorial Commission 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 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] Adams Memorial Commission 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] Adams Memorial 
        Commission 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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                                  [all]
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