[House Report 111-32]
[From the U.S. Government Publishing Office]






111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-32

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 AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE GREATER WASHINGTON 
                             SOAP BOX DERBY

                                _______
                                

   March 10, 2009.--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. 37]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 37) 
authorizing the use of the Capitol Grounds for the Greater 
Washington Soap Box Derby, 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 37 is to 
authorize the use of the Capitol Grounds for the 2009 Greater 
Washington Soap Box Derby.

                  BACKGROUND AND NEED FOR LEGISLATION

    The All-American Soap Box Derby is one of the largest 
competitive youth events in the country. Since 1934, the Soap 
Box Derby organizing committee has run a national program for 
children ages 9 through 17. The World Championship finals are 
held each August at Derby Downs in Akron, Ohio. There are three 
racing divisions based on age in most locals and at the All-
American competition.
    The 2009 Greater Washington Soap Box Derby will take place 
on Constitution Avenue between Delaware Avenue and Second 
Street, NW, Washington, DC, on June 20, 2009. The Greater 
Washington Soap Box Derby has been held on the U.S. Capitol 
Grounds since 1991. It has attracted more than 60 youth 
participants in each of those years. The D.C. Metropolitan race 
winners from each of the Stock, Super Stock, and Masters 
Division Soap Box Derby races throughout the world will compete 
in Akron, Ohio, for scholarships and other prizes in the All-
American Soap Box Derby. The All-American Derby youth program 
is administered by International Soap Box Derby, Inc., an 
Akron-based, non-profit corporation.

                       SUMMARY OF THE LEGISLATION

Section 1. Authorization of soap box derby races on Capitol grounds

    Section 1 authorizes the use of the Capitol Grounds for the 
Greater Washington Soap Box Derby on June 20, 2009, 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. Conditions

    Section 2 requires that the event be free of charge and 
arranged not to interfere with the needs of Congress, under 
conditions prescribed by the Architect of the Capitol and the 
Capitol Police Board. This section also maintains that the 
sponsor will also be responsible for all expenses and 
liabilities.

Section 3. Structures and equipment

    Section 3 allows the Architect of the Capitol to prescribe 
conditions for the physical preparations for the event.

Section 4. Additional arrangements

    Section 4 authorizes the Architect of the Capitol and the 
Capitol Police Board to make any additional arrangements that 
may be required to carry out the event.

Section 5. Enforcement of restrictions

    Section 5 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 February 4, 2009, Majority Leader Hoyer introduced H. 
Con. Res. 37.
    On February 12, 2009, the Committee on Transportation and 
Infrastructure met in open session and ordered the resolution 
reported favorably to the House by voice vote with a quorum 
present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the Rules 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 consideration of H. Con. Res. 37 or ordering the 
resolution reported. A motion to order H. Con. Res. 37 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)(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 
section 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 Greater 
Washington Soap Box Derby.
    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. 37 from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 17, 2009.
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. 37, a 
concurrent resolution authorizing the use of the Capitol 
grounds for the Greater Washington Soap Box Derby.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H. Con. Res. 37--A concurrent resolution authorizing the use of the 
        Capitol grounds for the Greater Washington Soap Box Derby

    H. Con. Res. 37 would authorize the Greater Washington Soap 
Box Derby Association to use the Capitol grounds on June 20, 
2009, or on such a 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. 37 would result in no significant cost 
to the federal government.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, 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. 37 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. 37 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. 37 makes no changes in existing law.

                                  
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