[House Report 109-416] [From the U.S. Government Publishing Office] 109th Congress Report HOUSE OF REPRESENTATIVES 2d Session 109-416 ====================================================================== AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE GREATER WASHINGTON SOAP BOX DERBY _______ April 25, 2006.--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. 349] [Including cost estimate of the Congressional Budget Office] The Committee on Transportation and Infrastructure, to whom was referred the concurrent resolution (H. Con. Res. 349) authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby, 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 349 is to authorize the use of the Capitol Grounds for the Greater Washington Soap Box Derby. BACKGROUND AND NEED FOR THE LEGISLATION H. Con. Res. 349 was introduced by Mr. Hoyer on March 1, 2006. The resolution authorizes use of the Capitol Grounds for the Greater Washington Soap Box Derby qualifying races to be held on June 17, 2006. The race is to take place on Constitution Avenue between Delaware Avenue and Third Street, NW. Participants competing in the event range from ages 8 to 17 and come from the Greater Washington, DC Metropolitan Area. Winners of the event will represent the Washington, DC Metropolitan Area in the National Soap Box Derby competition held annually in Akron, Ohio. The Soap Box Derby race has taken place for over 55 years and is one of the largest races in the country. The Greater Washington Soap Box Derby Association 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. 349. On March 30, 2006, the Subcommittee on Economic Development, Public Buildings and Emergency Management met in open session and considered H. Con. Res. 349, a resolution authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby. A motion by Ms. Norton to order H. Con. Res. 349 reported to the Full Committee with recommendation was agreed to by voice vote, with a quorum present. On April 5, 2006, the Full Committee met in open session and considered H. Con. Res. 349. A motion by Mr. Shuster to approve and favorably report to the House H. Con. Res. 349 was agreed to by voice vote by the Full Committee, with a quorum present. There were no recorded votes taken during Committee consideration of H. Con. Res. 349. SUMMARY OF THE LEGISLATION Section 1. Authorization This section authorizes the use of the Capitol Grounds for the Greater Washington Soap Box Derby on June 17, 2006, or such other date as the Speaker of the House of Representatives and the Senate Rules and Administration Committee may jointly designate. Section 2. Conditions This section requires the event to be free of charge and not interfere with the needs of Congress as prescribed by the Capitol Police Board and the Architect of the Capitol. Moreover, the Association assumes full responsibility for all expenses and liabilities of the event. Section 3. Structures and Equipment This section allows the Association to erect such stage, sound amplification devices, and other related structures as may be required for the event, subject to the approval of the Architect of the Capitol. Section 4. Additional Arrangements This section authorizes the Architect of the Capitol and the Capitol Police Board to make additional arrangements as necessary. Section 5. 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. 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. 349 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 Budget Act of 1974, the Committee has received the following cost estimate for H. Con. Res. 349 from the Director of the Congressional Budget Office. U.S. Congress, Congressional Budget Office, Washington, DC, April 24, 2006. 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. 349, authorizing the use of the Capitol grounds for the Greater Washington Soap Box Derby. If you wish further details on these estimates, we will be pleased to provide them. The CBO staff contact is Matthew Pickford. Sincerely, Donald B. Marron, Acting Director. Enclosure. H. Con. Res. 349--Authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby H. Con. Res. 349 would authorize the Greater Washington Soap Box Derby Association to use the Capitol grounds on June 17, 2006, 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 association assume responsibility for all expenses and liabilities associated with the event, CBO estimates that adopting H. Con. Res. 349 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. 349 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. 349 makes no changes to existing law.