[House Report 106-416]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                106-416

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MONUMENT TO HONOR THOSE WHO HAVE SERVED THE NATION'S CIVIL DEFENSE AND 
                     EMERGENCY MANAGEMENT PROGRAMS

                                _______
                                

October 27, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 348]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 348) to authorize the construction of a monument to honor 
those who have served the Nation's civil defense and emergency 
management programs, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 348 is to authorize the construction of 
a monument to honor those who have served the Nation's civil 
defense and emergency management programs.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 348 authorizes the United States Civil Defense 
Monument Commission to construct a monument to honor those who 
have served the Nation's civil defense and emergency management 
programs. The monument will be constructed on federal land 
located in Emmitsburg, Maryland, and administered by the 
Federal Emergency Management Agency (FEMA). Although the 
Commission has offered to donate the monument as a gift to 
FEMA, FEMA contends that it does not have the authority to 
accept the gift because of statutory prohibitions found at 42 
U.S.C. Sec. Sec. 5197(d) and 5201(b). However, a reading of 
both these provisions clearly indicates that gifts may be 
accepted by FEMA.
    H.R. 348 assures that the site and design of the monument 
will be subject to the approval of the Director of FEMA. Costs 
for the construction of the monument will be wholly paid by the 
Commission. In addition, the authority granted by this bill to 
construct the monument shall expire seven years after enactment 
if there are no site and design approvals and construction has 
not begun.

                            COMMITTEE ACTION

    H.R. 348 was introduced on January 19, 1999, by Congressman 
Roscoe Bartlett (R-MD). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On October 20, 1999, the Full 
Committee met to consider the bill. The Subcommittee was 
discharged from further consideration of the bill by unanimous 
consent. No amendments were offered and the bill was ordered 
favorably reported to the House of Representatives by voice 
vote.

            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 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the Rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 26, 1999.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 348, a bill to 
authorize the construction of a monument to honor those who 
have served the nation's civil defense and emergency management 
programs.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 348--A bill to authorize the construction of a monument to honor 
        those who have served the nation's civil defense and emergency 
        management programs

    CBO estimates that implementing H.R. 348 would have no 
impact on federal spending. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. The bill 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.R. 348 would authorize the United States National Civil 
Defense Monument Commission, a private nonprofit organization, 
to donate a monument to the Federal Emergency Management Agency 
(FEMA). All costs of constructing the monument would be paid by 
the commission and the finished monuments would be donated to 
FEMA. Subject to approval by FEMA, the bill would authorize the 
commission to design the monument and select a site to install 
it at FEMA's National Emergency Training Center in Emmitsburg, 
Maryland. Under H.R. 348, the commission's authority would 
expire in seven years unless FEMA has approved the monument's 
design and location, and construction has begun. Based on 
information from FEMA and the commission, CBO expects these 
requirements would be met. CBO estimates that any costs to the 
federal government of maintaining the monument would be 
negligible.
    The CBO staff contact is Megan Carroll. 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 makes no changes in existing law.

                                

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