[House Report 108-467]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-467
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NATIONAL PEACE OFFICERS' MEMORIAL SERVICE
_______
April 22, 2004.--Referred to the House Calendar and ordered to be
printed
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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. 388]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the concurrent resolution (H. Con. Res. 388)
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
The purpose of H. Con. Res. 388 is to authorize the use of
the Capitol Grounds for the National Peace Officers' Memorial
Service.
BACKGROUND AND NEED FOR THE LEGISLATION
H. Con. Res. 388 was introduced by Mr. LaTourette and Ms.
Norton on March 17, 2004. The resolution authorizes use of the
Capitol Grounds for the Annual National Peace Officers'
Memorial Service to be held on May 15, 2004. The memorial
service will honor Federal, State and local law enforcement
officers killed in the line of duty in 2003. 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. 388.
On March 24, 2004, the Full Committee met in open session
and considered H. Con. Res. 388. A unanimous consent request by
Chairman Young to approve and favorably report to the House H.
Con. Res. 388 was agreed to by the Full Committee with a quorum
present. There were no recorded votes taken during Committee
consideration of H. Con. Res. 388.
SUMMARY OF THE LEGISLATION
Section 1. Authorization
This section authorizes the use of the Capitol Grounds for
the National Peace Officers' Memorial Service on May 15, 2004
or such other date as the Speaker of the House of
Representatives and the Senate Rules and Administration
Committee may jointly designate.
Section 2. Terms and conditions
This section requires the event to be free of charge and
open to the public. Moreover, the Grand Lodge and its Auxiliary
assume full responsibility for all expenses and liabilities
associated with the event.
Section 3. Event preparations
This section allows the sponsor of the event to erect such
stage, sound amplification, and other related devices as
necessary subject to the approval of the Architect of the
Capitol.
Section 4. Enforcement of restrictions
This section 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.
ROLLCALL 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 rollcall 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. 388 favorably 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 resolution contains no measure that
authorizes funding, so no statement of general performance and
objectives for any measure that 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 BudgetAct of 1974, the
Committee has received the following cost estimate for H. Con. Res. 388
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 25, 2004.
Hon. Don Young,
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. 388, 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,
Elizabeth Robinson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H. Con. Res. 388--Authorizing the use of the Capitol grounds for the
National Peace Officers' Memorial Service
H. Con. Res. 388 would authorize the National Fraternal
Order of Police to use the Capitol grounds on May 15, 2004, 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. 388 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 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. 388 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. 388 makes no changes to existing law.