[House Report 110-123]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-123
======================================================================
 
   AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE NATIONAL PEACE 
                       OFFICERS' MEMORIAL SERVICE

                                _______
                                

 May 7, 2007.--Referred to the House Calendar and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                    [To accompany H. Con. Res. 124]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 124) 
authorizing the use of the Capitol Grounds for the National 
Peace Officers' Memorial Service, having considered the same, 
report favorably thereon without amendment and recommend that 
the concurrent resolution be agreed to.

                       PURPOSE OF THE LEGISLATION

    The purpose of House Concurrent Resolution 124 is to 
authorize the use of the Capitol Grounds on May 15, 2007, for 
the National Peace Officers' Memorial Service in order to honor 
the law enforcement officers who died in the line of duty in 
2006 and prior years.

                  BACKGROUND AND NEED FOR LEGISLATION

    The resolution authorizes the use of the Capitol Grounds 
for the National Peace Officers' Memorial Service. According to 
the National Law Enforcement Officers Memorial Fund, 145 
Federal, state, and local law enforcement officers killed in 
the line of duty in 2006 and prior years will be honored at 
this Memorial Service. During 2006, six women officers were 
killed. The average age of all officers killed was 37 years 
old. The youngest officer was 18 years old.
    In 1962, President John F. Kennedy signed a proclamation 
which designated May 15 as Peace Officers Memorial Day, and the 
week in which that date falls as ``Police Week''. Every year 
since 1962, law enforcement officers meet in Washington, D.C., 
to participate in a number of planned events which honor 
officers who have died the previous year. The first official 
memorial service took place on May 15, 1982.
    According to the National Law Enforcement Officers Memorial 
Fund, there are more than 870,000 sworn law enforcement 
officers now serving in the United States.

                       SUMMARY OF THE LEGISLATION

    Section 1 authorizes the use of the Capitol Grounds for the 
26th annual National Peace Officers' Memorial Service on May 
15, 2007, or such other date as the Speaker of the House of 
Representatives and the Senate Committee on Rules and 
Administration may jointly designate.
    Section 2 requires the Architect of the Capitol and the 
Capitol Police Board to take such actions as may be necessary 
to keep the event open to the public, free of charge, and 
arranged not to interfere with the needs of Congress. This 
section also maintains that the sponsor will also be 
responsible for all expenses and liabilities.
    Section 3 allows the Architect of the Capitol to prescribe 
conditions for the physical preparations for the event.
    Section 4 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.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On April 20, 2007, Subcommittee on Economic Development, 
Public Buildings, and Emergency Management Chairwoman Norton 
introduced H. Con. Res. 124. On May 2, 2007, the Committee on 
Transportation and Infrastructure met in open session and 
ordered the resolution favorably reported to the House by voice 
vote.

                              RECORD 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 record 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. 124 reported. A motion to order H. Con. Res. 124 
reported favorably to the House was agreed to by voice vote 
with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(I) 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 in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize the use of the Capitol Grounds for the National Peace 
Officers' Memorial Service.
    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 enclosed cost estimate for H. Con. 
Res. 124 from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 3, 2007.
Hon. James L. Oberstar,
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. 124, a 
concurrent resolution authorizing the use of the Capitol 
grounds for the National Peace Officers' Memorial Service.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Peter R. Orszag, Director.
    Enclosure.

H. Con. Res. 124--Authorizing the use of the Capitol grounds for the 
        National Peace Officers' Memorial Service

    H. Con. Res. 124 would authorize the Grand Lodge of the 
Fraternal Order of Police and its auxiliary to use the Capitol 
grounds on May 15, 2007, 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 sponsors assume responsibility for all 
expenses and liabilities associated with the event, CBO 
estimates that passage of H. Con. Res. 124 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.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H. Con. Res. 124 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   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. 124 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 are 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. 124 makes no changes in existing law.

                                  
