[Senate Report 109-247]
[From the U.S. Government Publishing Office]
Calendar No. 409
109th Congress Report
SENATE
2d Session 109-247
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NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND ACT OF 2005
_______
April 20, 2006.--Ordered to be printed
Filed under authority of the order of the Senate of April 7, 2006
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2107]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2107) to amend Public Law 104-329 to
modify authorities for the use of the National Law Enforcement
Officers Memorial Maintenance Fund, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the Act do pass.
Purpose of the Measure
The purpose of H.R. 2107 is to amend the Commemorative Coin
Act of 1996 to modify authorities for the use of the National
Law Enforcement Officers Memorial Maintenance Fund, and for
other purposes.
Background and Need
In 1984, Congress authorized the National Law Enforcement
Officers Memorial Fund, Inc., a non-profit corporation
(Corporation), to establish the National Law Enforcement
Officers Memorial to honor law enforcement officers who have
died in the line of duty. In 1996, Congress created a
maintenance fund for the memorial through the Commemorative
Coin Act. The maintenance fund is to be used to maintain the
Memorial, fund the addition of new names to the Memorial, and
provide security for the memorial site. The Fund is managed by
the Secretary of the Interior through the National Park
Service.
H.R. 2107 streamlines the maintenance operation of the
memorial by directing the Secretary of the Interior, through
the National Park Service to enter into a cooperative agreement
with the Corporation to maintain the memorial. H.R. 2107 would
also transfer all funds within the Maintenance Fund to the
Corporation.
Legislative History
H.R. 2107 was introduced by Representative Saxton on May 4,
2005. H.R. 2107 passed the House of Representatives by a vote
of 392-0 on May 16, 2005. The Subcommittee on National Parks of
the Committee on Energy and Natural Resources held a hearing on
H.R. 2107 on November 15, 2005. At the business meeting on
March 8, 2006, the Committee on Energy and Natural
Resourcesordered H.R. 2107 favorably reported, without amendment, by a
unanimous voice vote.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on March 8, 2006, by unanimous voice vote of a
quorum present, recommends that the Senate pass H.R. 2107.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 2107. The Act is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 2107, as ordered reported.
Executive Communications
The views of the Administration on H.R. 2107 were included
in testimony received by the Committee at a hearing on the bill
on November 15, 2005. This testimony follows:
Statement of Don Murphy, Deputy Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on H.R. 2107, a bill to
amend Public Law 104-329 to modify authorities for the use of
the National Law Enforcement Officers Memorial Maintenance
Fund. The Department supports enactment of this legislation.
H.R. 2107 would amend Section 201 of Public Law 104-329,
dated October 20, 1996. It would authorize the Secretary of the
Interior to enter into a cooperative agreement with the Law
Enforcement Officers Memorial Fund, Inc., a nonprofit
corporation, to maintain and repair the National Law
Enforcement Officers Memorial in Washington, D.C., to
periodically add names of officers who have died in the line of
duty to the memorial, to provide security for the memorial
site, and to disseminate information regarding the memorial to
the general public. It also would transfer all amounts in the
National Law Enforcement Officers Memorial Maintenance Fund
(Maintenance Fund) to the corporation.
Public Law 98-534 authorized the National Law Enforcement
Officers Memorial Fund, Inc. to establish the National Law
Enforcement Officers Memorial. The memorial recognizes the
sacrifice of law enforcement officers and their families in
preserving public safety and was dedicated on October 15, 2001.
Section 201 of the Commemorative Coin Act of 1996 (Act)
established the Maintenance Fund, a revolving fund to be
administered by the Secretary of the Interior, to deposit the
surcharges from the sale of 500,000 commemorative silver
dollars. Approximately $1.428 million was raised from the sale
of these coins. These funds were to be used for adding names to
the memorial wall, educating the public via the dissemination
of information about the memorial and law enforcement,
maintaining and repairing the memorial, and other memorial
programs developed by the National Law Enforcement Officers
Memorial Fund, Inc.
The administration of the Maintenance Fund and other
provisions of the Act were appropriate for the management of
the memorial at the time the Maintenance Fund was established.
However, with the completion of the memorial and the
delineation of responsibilities for memorial programs that have
occurred between the National Law Enforcement Officers Memorial
Fund, Inc. and the National Park Service over the years, it is
appropriate to transfer the authority from the Secretary of the
Interior to the National Law Enforcement Officers Memorial
Fund, Inc. to manage the Maintenance Fund. This organization is
one of the most valued partners the National Park Service works
with today.
Mr. Chairman, that concludes my remarks. I would be pleased
to answer any questions you or other members of the
Subcommittee may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
H.R. 2107, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC LAW 104-329
104th Congress
AN ACT To establish United States commemorative coin programs, and for
other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
TITLE II--NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND
SEC. 201. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND.
* * * * * * *
(b) Purposes.--The Fund shall be used--
(1) for the maintenance and repair of the National
Law Enforcement Officers Memorial in Washington, D.C.;
(2) to periodically add the names of law enforcement
officers who have died in the line of duty to the
National Law Enforcement Officers Memorial;
(3) for the security of the National Law Enforcement
Officers Memorial site, including the posting of
National Park Service rangers and United States Park
Police, as appropriate; and
[(4) at the discretion of the Secretary of the
Interior and in consultation with the Secretary and the
Attorney General of the United States, who shall
establish an equitable procedure between the Fund and
such other organizations as may be appropriate, to
provide educational scholarships to the immediate
family members of law enforcement officers killed in
the line of duty whose names appear on the National Law
Enforcement Officers Memorial, the total annual amount
of such scholarships not to exceed 10 percent of the
annual income of the Fund;]
[(5)] (4) for the dissemination of information
regarding the National Law Enforcement Officers
Memorial to the general public[;].
[(6) to administer the Fund, including contracting
for necessary services, in an amount not to exceed the
lesser of--
(A) 10 percent of the annual income of the
Fund; or
(B) $200,000 during any 1-year period; and
(7) at the discretion of the Secretary of the
Interior, in consultation with the Fund, for
appropriate purposes in the event of an emergency
affecting the operation of the National Law Enforcement
Officers Memorial, except that, during any 1-year
period, not more than $200,000 of the principal of the
Fund may be used to carry out this paragraph.]
(c) Budget and Audit Treatment.--The Fund shall be subject
to the budget and audit provisions of chapter 91 of title 31,
United States Code.
(d) Cooperative Agreement.--
(1) In general.--Effective on and after the date of
the enactment of the National Law Enforcement Memorial
Maintenance Fund Act of 2005, the following applies,
notwithstanding other provisions of this Act:
(A) The Secretary of the Interior, acting
through the National Park Service, shall enter
into a cooperative agreement with the National
Law Enforcement Officers Memorial Fund, Inc., a
nonprofit corporation incorporated under the
laws of the District of Columbia, to carry out
the purposes of the Fund as described in
subsection (b).
(B) In accordance with the terms of such
agreement, the Secretary shall transfer all
amounts in the Fund to the Corporation.
(2) Definitions.--For purposes of this subsection--
(A) the term ``Corporation'' means the
National Law Enforcement Officers Memorial
Fund, Inc; and
(B) the term ``Secretary'' means the
Secretary of the Interior.