[House Report 108-86]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-86
======================================================================
 
  USE OF THE CAPITOL GROUNDS FOR THE GREATER WASHINGTON SOAP BOX DERBY

                                _______
                                

 May 1, 2003.--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 53]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 53) 
authorizing the use of the Capitol Grounds for the Greater 
Washington Soap Box Derby, having considered the same, report 
favorably thereon with an amendment and recommend that the 
concurrent resolution be agreed to.
    The amendment is as follows:
    Strike all after the resolving clause and insert the 
following:

SECTION 1. AUTHORIZATION OF SOAP BOX DERBY RACES ON CAPITOL GROUNDS.

  The Greater Washington Soap Box Derby Association (in this resolution 
referred to as the ``Association'') shall be permitted to sponsor a 
public event, soap box derby races, on the Capitol Grounds on June 21, 
2003, or on such other date as the Speaker of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate may jointly designate.

SEC. 2. CONDITIONS.

  The event to be carried out under this resolution shall be free of 
admission charge to the public and arranged not to interfere with the 
needs of Congress, under conditions to be prescribed by the Architect 
of the Capitol and the Capitol Police Board; except that the 
Association shall assume full responsibility for all expenses and 
liabilities incident to all activities associated with the event.

SEC. 3. STRUCTURES AND EQUIPMENT.

  For the purposes of this resolution, the Association is authorized to 
erect upon the Capitol Grounds, subject to the approval of the 
Architect of the Capitol, such stage, sound amplification devices, and 
other related structures and equipment as may be required for the event 
to be carried out under this resolution.

SEC. 4. ADDITIONAL ARRANGEMENTS.

  The Architect of the Capitol and the Capitol Police Board are 
authorized to make any such additional arrangements that may be 
required to carry out the event under this resolution.

SEC. 5. ENFORCEMENT OF RESTRICTIONS.

  The Capitol Police Board shall provide for enforcement of the 
restrictions contained in section 4 of the Act of July 31, 1946 (40 
U.S.C. 193d; 60 Stat. 718), concerning sales, advertisements, displays, 
and solicitations on the Capitol Grounds, as well as other restrictions 
applicable to the Capitol Grounds, with respect to the event to be 
carried out under this resolution.

                       PURPOSE OF THE LEGISLATION

    The purpose of H. Con. Res. 53 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. 53 was introduced by Mr. Hoyer. The resolution 
authorizes use of the Capitol Grounds for the Greater 
Washington Soap Box Derby qualifying races to be held on June 
21, 2003. The race is to take place on Constitution Avenue 
between Delaware Avenue and Third Street, NW. Participants 
competing in the event range from ages 9 to 16 and come from 
the Washington, DC greater metropolitan area. Winners of the 
event will represent the Washington, DC metropolitan area in 
the national soapbox derby competition held in Akron, Ohio. The 
soapbox 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. 53.
    On March 19, 2003, the Subcommittee met in open session and 
considered H. Con. Res. 53, a resolution authorizing the use of 
the Capitol Grounds for the Greater Washington Soap Box Derby. 
During consideration, the Subcommittee adopted an amendment to 
H. Con. Res. 53, offered by Mr. LaTourette, which changed the 
date in the legislation from June 22, 2003 to June 21, 2003, 
unanimously, by voice vote, with a quorum present. On a motion 
by Ms. Norton, the legislation, as amended, was ordered 
favorably reported to the Full Committee unanimously, by voice 
vote, with a quorum present.
    On April 9, 2003, the Full Committee met in open session 
and considered H. Con. Res. 53, as amended, a resolution 
authorizing the use of the Capitol Grounds for the Greater 
Washington Soap Box Derby. A motion by Mr. LaTourette to order 
H. Con. Res. 53 favorably reported to the House was agreed to 
by the Full Committee unanimously, by voice vote with a quorum 
present. There were no recorded votes taken during Committee 
consideration of H. Con. Res. 53.

                       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 21, 2003 or such 
other date as the Speaker of the House of Representatives and 
the Senate Rules and Administration Committee may jointly 
designate.

Section 2. Responsibility of Capitol Police Board

    This section requires the Capitol Police Board to take such 
actions as may be necessary to carry out the event.

Section 3. Conditions relating to physical preparation

    This section allows the Architect of the Capitol to 
prescribe conditions for the physical preparations for the 
event.

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. 53, as amended, 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 which any measure 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. 53, as amended, from the Director of the Congressional 
Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 10, 2003.
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. 53, a 
concurrent resolution 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,
                                          Barry B. Anderson
                               (For Douglas Holtz-Eakin, Director.)
    Enclosure.

H. Con. Res. 53--Authorizing the use of the Capitol grounds for the 
        Greater Washington Soap Box Derby

    H. Con. Res. 53 would authorize the Greater Washington Soap 
Box Derby Association to use the Capitol grounds on June 21, 
2003, 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 
passage of H. Con. Res. 53 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. 53, as 
amended, 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. 53, as amended, makes no changes to existing 
law.

                                
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