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113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-577

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

 
APPROVING THE LOCATION OF A MEMORIAL TO COMMEMORATE THE MORE THAN 5,000 
   SLAVES AND FREE BLACK PERSONS WHO FOUGHT FOR INDEPENDENCE IN THE 
                          AMERICAN REVOLUTION

                                _______
                                

 September 8, 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.J. Res. 120]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the joint resolution (H.J. Res. 120) approving the location of 
a memorial to commemorate the more than 5,000 slaves and free 
Black persons who fought for independence in the American 
Revolution, having considered the same, report favorably 
thereon without amendment and recommend that the joint 
resolution do pass.

                          PURPOSE OF THE BILL

    The purpose of H.J. Res. 120 is to approve the location of 
a memorial to commemorate the more than 5,000 slaves and free 
Black persons who fought for independence in the American 
Revolution.

                  BACKGROUND AND NEED FOR LEGISLATION

    Public Law 112-239, the National Defense Authorization Act 
for Fiscal Year 2013, authorized The National Mall Liberty Fund 
to establish a memorial on eligible federal land to honor the 
more than 5,000 courageous slaves and free Black persons who 
served as soldiers and sailors or provided civilian assistance 
during the American Revolution.
    Under the Commemorative Works Act (CWA), which details a 
process for placement of memorials and monuments in Washington, 
D.C., memorials must be recommended by the Government Services 
Administration (GSA) or the Department of the Interior for 
placement within what is known as Area I, as defined by the 
CWA. Area I is generally the locations around the National 
Mall, but not on the Mall itself. A recommendation is made if 
the Administrator finds that the proposed memorial is of ``of 
preeminence and lasting significance.''
    On June 3, 2014 the GSA Administrator notified the Natural 
Resources Committee that he has found the proposed National 
Liberty Memorial to be ``of preeminence and lasting 
significance.'' Under the requirements of the CWA, upon this 
notification, Congress has 150 days (until Oct. 31, 2014) to 
concur with the finding with a joint resolution, which legally 
clears the memorial to be placed within Area I.
    H.J. Res 120 provides Congressional approval of the 
recommendation made by the GSA Administrator to locate the 
memorial authorized by Public Law 112-239 in Area I. The 
memorial will be privately funded.

                            COMMITTEE ACTION

    H.J. Res. 120 was introduced on July 23, 2014, by 
Congressman G.K. Butterfield (D-NC), and was referred to the 
Committee on Natural Resources. On July 30, 2014, the Natural 
Resources Committee met to consider the bill. The bill was 
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.J. Res. 120--A joint resolution approving the location of a memorial 
        to commemorate the more than 5,000 slaves and free Black 
        persons who fought for independence in the American Revolution

    H.J. Res. 120 would approve the selection of a site to 
commemorate and honor African-Americans who fought in the 
Revolutionary War. In 2013, the National Mall Liberty Fund, a 
non-profit organization, was authorized to establish the 
commemorative work on federal land in Washington, DC, or its 
environs without the use of federal funds. CBO estimates that 
implementing H.J. Res. 120 would not affect the federal budget. 
Because enacting H.J. Res. 120 would not affect direct spending 
or revenues, pay-as-you-go procedures do not apply.
    H.J. Res. 120 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 
implementing H.J. Res. 120 would not affect 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 approve the location of a memorial 
to commemorate the more than 5,000 slaves and free Black 
persons who fought for independence in the American Revolution.

                           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

    If enacted, this bill would make no changes in existing 
law.