[House Report 109-425]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-425

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  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.