[House Report 114-467]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-467
======================================================================
AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE 3RD ANNUAL FALLEN
FIREFIGHTERS CONGRESSIONAL FLAG PRESENTATION CEREMONY
_______
March 23, 2016.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H. Con. Res. 120]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the concurrent resolution (H. Con. Res. 120)
authorizing the use of the Capitol Grounds for the 3rd Annual
Fallen Firefighters Congressional Flag Presentation Ceremony,
having considered the same, report favorably thereon without
amendment and recommend that the concurrent resolution be
agreed to.
CONTENTS
Page
Purpose of Legislation........................................... 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Legislative History and Consideration............................ 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority and Tax Expenditures........................ 2
Congressional Budget Office Cost Estimate........................ 2
Performance Goals and Objectives................................. 3
Advisory of Earmarks............................................. 3
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings Federal Mandate Statement.... 4
Federal Mandate Statement........................................ 4
Preemption Clarification......................................... 4
Advisory Committee Statement..................................... 4
Applicability of Legislative Branch.............................. 4
Section-by-Section Analysis of Legislation....................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
PURPOSE OF LEGISLATION
H. Con. Res. 120 authorizes the use of the Capitol Grounds
for the 3rd Annual Fallen Firefighters Congressional Flag
Presentation Ceremony.
BACKGROUND AND NEED FOR LEGISLATION
H. Con. Res. 120 would authorize the use of the Capitol
Grounds for the 3rd Annual Fallen Firefighters Congressional
Flag Presentation Ceremony to be held on September 28, 2016. At
the ceremony, leaders of the Congressional Fire Services Caucus
will present American flags flown over the U.S. Capitol to the
National Fallen Firefighters Foundation. Subsequently, the
flags will be presented to the surviving relatives during the
National Fallen Firefighters Memorial Service held in
Emmitsburg, Maryland.
HEARINGS
No hearings were held on H. Con. Res. 120.
LEGISLATIVE HISTORY AND CONSIDERATION
On February 26, 2016, Representative Peter T. King (R-NY)
introduced H. Con. Res. 120, a concurrent resolution to
authorize the use of the Capitol Grounds for the 3rd Annual
Fallen Firefighters Congressional Flag Presentation Ceremony.
On March 2, 2016, the Committee on Transportation and
Infrastructure met in open session. The Committee ordered the
concurrent resolution reported favorably to the House by voice
vote with a quorum present.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no record votes taken in connection
with consideration of H. Con. Res. 120.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H. Con. Res. 120 from
the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 18, 2016.
Hon. Bill Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H. Con. Res. 120, a
concurrent resolution authorizing the use of the Capitol
Grounds for the 3rd Annual Fallen Firefighters Congressional
Flag Presentation Ceremony.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Robert A. Sunshine
(For Keith Hall, Director).
Enclosure.
H. Con. Res. 120--A concurrent resolution authorizing the use of the
Capitol Grounds for the 3rd Annual Fallen Firefighters
Congressional Flag Presentation Ceremony
H. Con. Res. 120 would authorize the Congressional Fire
Services Institute and the National Fallen Firefighters
Foundation to use the Capitol grounds on September 28, 2016, or
on such a date as the Speaker of the House of Representatives
and the Senate Committee on Rules and Administration may
jointly designate. Because the sponsors would assume
responsibility for all expenses and liabilities associated with
the event, CBO estimates that passage of H. Con. Res. 120 would
have no significant cost to the federal government. Because
final passage of the legislation would not affect direct
spending or revenues, pay-as-you-go procedures do not apply.
CBO estimates that H. Con. Res. 120 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goal and objective of this legislation is to
authorize the use of the Capitol Grounds for the 3rd Annual
Fallen Firefighters Congressional Flag Presentation Ceremony.
ADVISORY OF EARMARKS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. No
provision in the bill includes an earmark, limited tax benefit,
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of
rule XXI.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015),
the Committee finds that no provision of H. Con. Res. 120
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015),
the Committee finds that enacting H. Con. Res. 120 does not
direct the completion of a specific rule making within the
meaning of section 551 of title 5, United States Code.
FEDERAL MANDATE STATEMENT
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H. Con. Res. 120 does
not preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY OF 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 (Public Law
104-1).
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1. Use of the Capitol Grounds for Fallen Firefighters
Congressional Flag Presentation Ceremony
Section 1 authorizes the Congressional Fire Services
Institute and the National Fallen Firefighters Foundation to
sponsor a public event, the 3rd Annual Fallen Firefighters
Congressional Flag Presentation Ceremony, on the Capitol
Grounds, in order to honor the firefighters who died in the
line of duty during 2015 on September 28, 2016, or on such
other date as the Speaker of the House of Representatives and
the Committee on Rules and Administration of the Senate jointly
designate.
Section 2. Terms and conditions
Section 2 requires the event to be free of admission charge
and open to the public and arranged to not interfere with the
needs of Congress. This section also makes clear the sponsor of
the event shall assume full responsibility for all expenses and
liabilities incident to all activities associated with the
event.
Section 3. Event preparations
Section 3 authorizes the sponsor, subject to the approval
of the Architect of the Capitol, to erect upon the Capitol
Grounds such stage, sound amplification devices, and other
related structures and equipment, as may be required for the
event.
Section 4. Additional arrangements
Section 4 authorizes the Architect of the Capitol and the
Capitol Police Board to make such additional arrangement as may
be required to carry out the event.
Section 5. Enforcement of restrictions
Section 5 requires the Capitol Police Board to enforce all
of the restrictions contained in section 5104(c) of title 40,
United States Code, concerning sales, advertisements, displays,
and solicitations on the Capitol Grounds, as well as other
restrictions applicable to the Capitol Grounds, in connection
with the event. This section also authorizes the Capitol Police
Board to allow the event sponsor to use traditional, hand-held
fire equipment the Board determines can be used in a safe
manner.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H. Con. Res. 120 makes no changes in existing law.
[all]