[House Report 110-123] [From the U.S. Government Publishing Office] 110th Congress Report HOUSE OF REPRESENTATIVES 1st Session 110-123 ====================================================================== AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE NATIONAL PEACE OFFICERS' MEMORIAL SERVICE _______ May 7, 2007.--Referred to the House Calendar and ordered to be printed _______ Mr. Oberstar, from the Committee on Transportation and Infrastructure, submitted the following R E P O R T [To accompany H. Con. Res. 124] [Including cost estimate of the Congressional Budget Office] The Committee on Transportation and Infrastructure, to whom was referred the concurrent resolution (H. Con. Res. 124) authorizing the use of the Capitol Grounds for the National Peace Officers' Memorial Service, having considered the same, report favorably thereon without amendment and recommend that the concurrent resolution be agreed to. PURPOSE OF THE LEGISLATION The purpose of House Concurrent Resolution 124 is to authorize the use of the Capitol Grounds on May 15, 2007, for the National Peace Officers' Memorial Service in order to honor the law enforcement officers who died in the line of duty in 2006 and prior years. BACKGROUND AND NEED FOR LEGISLATION The resolution authorizes the use of the Capitol Grounds for the National Peace Officers' Memorial Service. According to the National Law Enforcement Officers Memorial Fund, 145 Federal, state, and local law enforcement officers killed in the line of duty in 2006 and prior years will be honored at this Memorial Service. During 2006, six women officers were killed. The average age of all officers killed was 37 years old. The youngest officer was 18 years old. In 1962, President John F. Kennedy signed a proclamation which designated May 15 as Peace Officers Memorial Day, and the week in which that date falls as ``Police Week''. Every year since 1962, law enforcement officers meet in Washington, D.C., to participate in a number of planned events which honor officers who have died the previous year. The first official memorial service took place on May 15, 1982. According to the National Law Enforcement Officers Memorial Fund, there are more than 870,000 sworn law enforcement officers now serving in the United States. SUMMARY OF THE LEGISLATION Section 1 authorizes the use of the Capitol Grounds for the 26th annual National Peace Officers' Memorial Service on May 15, 2007, or such other date as the Speaker of the House of Representatives and the Senate Committee on Rules and Administration may jointly designate. Section 2 requires the Architect of the Capitol and the Capitol Police Board to take such actions as may be necessary to keep the event open to the public, free of charge, and arranged not to interfere with the needs of Congress. This section also maintains that the sponsor will also be responsible for all expenses and liabilities. Section 3 allows the Architect of the Capitol to prescribe conditions for the physical preparations for the event. Section 4 requires the Capitol Police Board to enforce all applicable restrictions on the use of the Capitol Grounds, including those relating to sales, advertisements, displays, and solicitations. LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION On April 20, 2007, Subcommittee on Economic Development, Public Buildings, and Emergency Management Chairwoman Norton introduced H. Con. Res. 124. On May 2, 2007, the Committee on Transportation and Infrastructure met in open session and ordered the resolution favorably reported to the House by voice vote. RECORD VOTES Clause 3(b) of rule XIII 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 recorded votes taken in connection with ordering H. Con. Res. 124 reported. A motion to order H. Con. Res. 124 reported favorably to the House was agreed to by voice vote with a quorum present. COMMITTEE OVERSIGHT FINDINGS With respect to the requirements of clause 3(c)(I) of rule XIII of the Rules of the House of Representatives, the Committee's oversight findings and recommendations are reflected in this report. COST OF LEGISLATION 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. COMPLIANCE WITH HOUSE RULE XIII 1. With respect to the requirement of clause 3(c)(2) of rule XIII of the Rules of the House of Representatives, and 308(a) of the Congressional Budget Act of 1974, the Committee references the report of the Congressional Budget Office included in the report. 2. With respect to the requirement of clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the performance goals and objectives of this legislation are to authorize the use of the Capitol Grounds for the National Peace Officers' Memorial Service. 3. 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. 124 from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, May 3, 2007. Hon. James L. Oberstar, 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. 124, a concurrent resolution authorizing the use of the Capitol grounds for the National Peace Officers' Memorial Service. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Matthew Pickford. Sincerely, Peter R. Orszag, Director. Enclosure. H. Con. Res. 124--Authorizing the use of the Capitol grounds for the National Peace Officers' Memorial Service H. Con. Res. 124 would authorize the Grand Lodge of the Fraternal Order of Police and its auxiliary to use the Capitol grounds on May 15, 2007, or on such other date as the Speaker of the House of Representatives and the Senate Committee on Rules and Administration may jointly designate. Because it would require that the sponsors assume responsibility for all expenses and liabilities associated with the event, CBO estimates that passage of H. Con. Res. 124 would result in no significant cost to the federal government. The CBO staff contact for this estimate is Matthew Pickford. The estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. COMPLIANCE WITH HOUSE RULE XXI Pursuant to clause 9 of rule XXI of the Rules of the House of Representatives, H. Con. Res. 124 does not contain any congressional earmarks, limited tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the House of Representatives. CONSTITUTIONAL AUTHORITY STATEMENT Pursuant to clause (3)(d)(1) of rule XIII of the Rules of the House of Representatives, committee reports on a bill or joint resolution of a public character shall include a statement citing the specific powers granted to the Congress in the Constitution to enact the measure. The Committee on Transportation and Infrastructure finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. FEDERAL MANDATES 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. 124 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 TO THE 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). CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED H. Con Res. 124 makes no changes in existing law.