[House Report 109-425] [From the U.S. Government Publishing Office] 109th Congress Report HOUSE OF REPRESENTATIVES 2d Session 109-425 ====================================================================== APPROVING THE LOCATION OF THE COMMEMORATIVE WORK IN THE DISTRICT OF COLUMBIA HONORING FORMER PRESIDENT DWIGHT D. EISENHOWER _______ April 25, 2006.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Pombo, from the Committee on Resources, submitted the following R E P O R T [To accompany H.J. Res. 78] [Including cost estimate of the Congressional Budget Office] The Committee on Resources, to whom was referred the joint resolution (H.J. Res. 78) approving the location of the commemorative work in the District of Columbia honoring former President Dwight D. Eisenhower, having considered the same, report favorably thereon without amendment and recommend that the joint resolution do pass. PURPOSE OF THE BILL The purpose of H.J. Res. 78 is to approve the location of the commemorative work in the District of Columbia honoring former President Dwight D. Eisenhower. BACKGROUND AND NEED FOR LEGISLATION In 1999, Congress authorized a study for a memorial to former President Dwight D. Eisenhower (Public Law 106-79). The Secretary of the Interior submitted the study to Congress, which authorized the Dwight D. Eisenhower Memorial Commission to construct a memorial in the District of Columbia (Public Law 107-117). Under the Commemorative Works Act (40 U.S.C. 8908(b)(1)), Congress must formally approve placement of any commemorative work in ``Area 1'' of Washington D.C., within 150 days of notification by the Secretary of the Interior. ``Area 1'' comprises the central ``Monumental core'' along the National Mall in the District. The Secretary of the Interior notified Congress on January 31, 2006, that the Eisenhower Commission should be granted the authority to consider potential sites within Area 1 after reaching the determination that the subject of the memorial is of preeminent historical and lasting significance to the Nation. Congress must approve this recommendation by July 2, 2006, for the planning and approval process to proceed, and this approval will allow the Eisenhower Memorial Commission to consider locations within Area 1. COMMITTEE ACTION H.J. Res 78 was introduced on February 8, 2006, by Congressman Jerry Moran (R-KS). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks. On March 29, 2006, the Committee on Resources met to consider the bill. The Subcommittee on National Parks was discharged from further consideration of the bill by unanimous consent. No amendments were offered and the resolution was ordered favorably reported to the House of Representatives by unanimous consent. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee on Resources' oversight findings and recommendations are reflected in the body of this report. CONSTITUTIONAL AUTHORITY STATEMENT Article I, section 8, and Article IV, section 3 of the Constitution of the United States grant Congress the authority to enact this bill. COMPLIANCE WITH HOUSE RULE XIII 1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 2. Congressional Budget Act. As required by clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in tax expenditures. 3. General Performance Goals and Objectives. This bill does not authorize funding and therefore, clause 3(c)(4) of rule XIII of the Rules of the House of Representatives does not apply. 4. Congressional Budget Office Cost Estimate. Under clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the Director of the Congressional Budget Office: H.J. Res. 78--A joint resolution approving the location of the commemorative work in the District of Columbia honoring former President Dwight D. Eisenhower CBO estimates that enacting H.J. Res. 78 would have no impact on the federal budget. Enacting the legislation would not affect direct spending or revenues. H.J. Res. 78 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would not affect the budgets of state, local, or tribal governments. H.J. Res. 78 would approve the location--near the National Mall--recommended by the Secretary of the Interior for a commemorative work in the District of Columbia to honor Dwight D. Eisenhower. The Congress authorized a study for an Eisenhower memorial in 1999 and authorized the memorial in 2002. On March 15, 2006, CBO transmitted a cost estimate for S.J. Res. 28, a joint resolution approving the location of the commemorative work in the District of Columbia honoring former President Dwight D. Eisenhower, as ordered reported by the Senate Committee on Energy and Natural Resources on March 8, 2006. The two pieces of legislation are identical, as are the cost estimates. The CBO staff contact for this estimate is Matthew Pickford. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. COMPLIANCE WITH PUBLIC LAW 104-4 This bill contains no unfunded mandates. PREEMPTION OF STATE, LOCAL OR TRIBAL LAW This bill is not intended to preempt any State, local or tribal law. CHANGES IN EXISTING LAW If enacted, this bill would make no changes to existing law.