[Senate Report 111-155]
[From the U.S. Government Publishing Office]
Calendar No. 305
111th Congress } { Report
2d Session } SENATE { 111-155
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ADAMS MEMORIAL FOUNDATION
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March 2, 2010.--Ordered to be printed
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Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2802]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2802) to provide for an extension of 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, reports favorably thereon without
amendment and recommends that the Act do pass.
Purpose
The purpose of H.R. 2802 is to extend the legislative
authority of the Adams Memorial Foundation by an additional
three years until December 2, 2013, in order to allow more time
to establish a commemorative work in honor of former President
John Adams and his family's legacy.
Background and Need
The Adams family, including the 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 the
Nation's first Vice President, John Adams was elected President
in 1797. John Adams' wife, Abigail Smith Adams, was an early
advocate of women's rights, a fierce patriot, and a staunch
abolitionist. She is still regarded as one of the most
influential first ladies. Their son, John Quincy Adams, served
in the Senate and as Secretary of State in the Monroe
Administration prior to his election as President in 1825. He
was subsequently elected to the House of Representatives, where
he served for 17 years until his death in 1848.
On November 5, 2001, the Adams Memorial Act (Public Law
107-62) was signed authorizing the Adams Memorial Foundation to
establish a memorial 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 (40 U.S.C. 8901 et
seq.). Under the Commemorative Works Act, a construction permit
must be issued with seven years of authorization, or the
legislative authority lapses.
Since that time, the 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 the Congress, 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 to date. Under the terms
of the authorizing legislation, the legislative authority to
establish the memorial expired on December 2, 2009; however
section 130 of Public Law 111-88, the Department of the
Interior, Environment, and Related Agencies Appropriations Act
of 2010, extended the authority until September 30, 2010.
In order to complete the memorial before the extended
expiration date, H.R. 2802 amends Public Law 107-62 to further
extend the authorization to December 2, 2013.
Legislative History
H.R. 2802 was introduced by Representative Delahunt on June
10, 2009. It was passed by the House of Representatives on
September 22, 2009 by a voice vote.
The Subcommittee on National held a hearing on H.R. 2802 on
November 4, 2009. At its business meeting on December 16, 2009,
the Committee on Energy and Natural Resources ordered H.R. 2802
favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on December 16, 2009, by a voice vote of a
quorum present, recommends that the Senate pass H.R. 2802.
Section-by-Section Analysis
Section 1(a) amends section 1(c) of Public Law 107-62 to
extend the legislative authority for the Adams Memorial
Foundation to establish a commemorative work on federal land in
the District of Columbia until December 2, 2013.
Subsection (b) makes technical amendments to Public Law
107-62 to update code references to the Commemorative Works Act
resulting when title 40 of the United States Code was enacted
into positive law.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
H.R. 2802--An act to provide for an extension of the legislative
authority of the Adams Memorial Foundation to establish a
commemorative work in honor of former President John Adams and
his legacy
H.R. 2802 would extend through December 2, 2013, the
authority of the Adams Memorial Foundation to construct a
memorial to the former president on federal lands within the
District of Columbia. The extension would give the foundation,
a nonprofit organization, an additional four years to obtain
the necessary funds to complete the memorial project. Authority
for the monument expired on December 2, 2009.
Because the prospective memorial would be established with
nonfederal funds, CBO estimates that enacting H.R. 2802 would
have no effect on the federal budget.
The act contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On September 14, 2009, CBO transmitted a cost estimate for
H.R. 2802 as ordered reported by the House Committee on Natural
Resources on September 10, 2009. The CBO cost estimates for the
two versions of the legislation are the same.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluations.
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. 2802.
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. 2802, as ordered reported.
Congressionally Directed Spending
H.R. 2802, as 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
November 4, 2009 Subcommittee hearing on H.R. 2802 follows:
Statement of Katherine H. Stevenson, Assistant Director, Business
Services, National Park Service, Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on H.R. 2802, a bill to
provide for an extension of the legislative authority of the
Adams Memorial Foundation to establish a commemorative work in
honor of former President John Adams and his legacy.
The Department supports H.R. 2802 as passed by the House.
H.R. 2802 would amend Public Law 107-62 to extend to
December 2, 2013 the authorization for establishing a memorial
in the District of Columbia or its environs to honor President
John Adams and his legacy. In addition to providing an
extension of authority, H.R. 2802 also contains technical
amendments to the original authorizing legislation, Public Law
107-62, enacted in 2001, which contains outdated references to
the Commemorative Works Act (CWA). The references currently
cited in Public Law 107-315 refer to the CWA as codified under
40 U.S.C. 1001 et seq. The CWA, however, was recodified under
40 U.S.C. 8901 et seq. on August 21, 2002 (Public Law 107-217).
The proposed amendments in H.R. 2802 would update and correct
the references to the CWA.
The authority to establish the John Adams memorial was
originally approved by Congress on November 5, 2001. The Adams
Memorial Foundation (Foundation) requested that the subject of
the commemoration be determined to be of preeminent and lasting
significance to the Nation so that the proposed memorial might
be placed in Area I, a request that was considered favorably by
the National Capital Memorial Advisory Commission in 2002 and
recommended to Congress. P.L. 107-315, enacted on December 2,
2002, granted the Foundation that additional authority to seek
a site for their memorial within Area I. Authorizations under
the CWA have a seven-year sunset period which extends from the
date on which the Area I authority was granted to allow for
time to obtain a building permit and begin construction of a
memorial. As the Foundation has not yet been able to select a
site, design the memorial, receive the requisite approvals, or
raise sufficient funds for the construction of the memorial, a
permit could not be granted. Therefore, the authority to
establish the memorial would expire on December 2, 2009.
However, Section 130 of the Conference Report to Accompany H.R.
2996--the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2010, extends the authority until
September 30, 2010. H.R. 2802 would extend to December 2, 2013,
the authority to establish a commemorative work to honor former
President John Adams, his wife Abigail Adams, and former
President John Quincy Adams and their legacy of public service.
With an additional four years of legislative authority, the
Foundation should be in a viable position to achieve site and
design approvals as well as to raise the minimum 75 percent of
the funds sufficient to build the memorial. Should they meet
these thresholds, the Secretary of the Interior may exercise
his authority under the CWA to grant an additional three-year
administrative extension to allow the Foundation to finalize
construction documents and raise the balance of necessary
funding.
Mr. Chairman, thank you for the opportunity to comment.
This concludes my prepared remarks and I will be happy to
answer any questions you or other committee members may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the Act H.R. 2802 as ordered 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):
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.
(Public Law 107-62; Approved November 5, 2001)
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. COMMEMORATIVE WORK TO HONOR JOHN ADAMS AND HIS LEGACY.
* * * * * * *
(c) Compliance With Standards for Commemorative Works.--The
establishment of the commemorative work shall be in [accordance
with the Commemorative Works Act (40 U.S.C. 1001, et seq.)]
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.
* * * * * * *
(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.
1001, et seq.)] (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.
SEC. 2. DEFINITIONS.
For purposes of this Act, the terms ``commemorative work''
and ``the District of Columbia and its environs'' have the
meanings given to such terms in section 2 of the Commemorative
Works Act [(40 U.S.C. 1002)] (40 U.S.C. 8902(a)).