[House Report 107-399]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-399

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 AUTHORIZATION OF USE OF CAPITOL GROUNDS FOR NATIONAL PEACE OFFICERS' 
                            MEMORIAL SERVICE

                                _______
                                

   April 11, 2002.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                    [To accompany H. Con. Res. 347]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 347) 
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 Legislation

    H. Con. Res. 347 is a bill authorizing the use of the 
Capitol Grounds for the National Peace Officer's Memorial 
Service.

                Background and Need for the Legislation

    H. Con. Res. 347 was introduced by Mr. LaTourette and Mr. 
Costello. The resolution authorizes use of the Capitol Grounds 
for the 21st Annual National Peace Officers' Memorial Service 
to be held on May 15, 2002. The memorial service will honor the 
over 230 federal, state and local law enforcement officers 
killed in the line of duty in 2001. The Grand Lodge of the 
Fraternal Order of Police and its Auxiliary will work closely 
with the Capitol Police and the Architect of the Capitol to see 
that the event is in full compliance with the rules and 
regulations governing the use of the Capitol Grounds.

            Legislative History and Committee Consideration

    No hearings were held in conjunction with ordering reported 
H. Con. Res. 347.
    On March 20, 2002, the Full Committee met in open session 
and ordered reported H. Con. Res. 347, a resolution authorizing 
the use of the Capitol Grounds for the National Peace Officer's 
Memorial Service. The resolution was discharged from the 
Subcommittee on Economic Development, Public Buildings and 
Emergency Management and a motion by Mr. Costello to order H. 
Con. Res. 347 favorably reported to the House was agreed to by 
the Full Committee unanimously, by voice vote with a quorum 
present. There were no recorded votes taken during Committee 
consideration of H. Con. Res. 347.

                            Roll Call 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 roll call 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. 347 reported.

                      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.

                          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 below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee advises that the bill contains no measure that 
authorizes funding, so no statement of general performance and 
objectives for which any measure authorizes funding is 
required.
    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 following cost estimate for H. Con. 
Res. 347 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

H. Con. Res. 347--Authorizing the use of the Capitol grounds for the 
        National Peace Officers' Memorial Service

    H. Con. Res. 347 would authorize the National Fraternal 
Order of Police to use the Capitol grounds on May 15, 2002, 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. 347 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.

                   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 1994 
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. 347 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 were 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. 347 makes no changes to existing law.