[House Report 111-33]
[From the U.S. Government Publishing Office]






111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-33

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   AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE NATIONAL PEACE 
                       OFFICERS' MEMORIAL SERVICE

                                _______
                                

   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. 38]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 38) 
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 38 is to 
authorize the use of the Capitol Grounds on May 15, 2009, for 
the National Peace Officers' Memorial Service in order to honor 
the law enforcement officers who died in the line of duty 
during 2008.

                  BACKGROUND AND NEED FOR LEGISLATION

    According to the National Law Enforcement Fund, 140 
Federal, state, and local law enforcement officers killed in 
the line of duty in 2008 will be honored at this Memorial 
Service. During 2008, the average age of all officers killed 
was 40 years and the officers had served an average of 12 
years.
    In 1962, President John F. Kennedy signed a proclamation 
which designated May 15th as Peace Officers Memorial Day, and 
the week in which that date falls as ``Police Week''. Every 
year since, law enforcement officers meet in Washington, DC, 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 900,000 sworn law enforcement 
officers now serving in the United States.

                       SUMMARY OF THE LEGISLATION

Section 1. Use of the Capitol Grounds for National Peace Officers' 
        Memorial Service

    Section 1 authorizes the use of the Capitol Grounds for the 
28th National Peace Officers' Memorial Service on May 15th, 
2009, or such other date as the Speaker of the House of 
Representatives and the Senate Rules and Administration 
Committee may jointly designate.

Section 2. Terms and Conditions

    Section 2 requires the U.S. Capitol Police and the 
Architect of the Capitol to take such actions as may be 
necessary to keep the event open to the public, free of charge 
and to keep the event from disturbing the needs of Congress.
    This section also maintains that the sponsor will also be 
responsible for all expenses and liabilities.

Section 3. Event Preparations

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

Section 4. Enforcement of Restrictions

    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 February 4, 2009, Subcommittee on Economic Development, 
Public Buildings, and Emergency Management Chairwoman Eleanor 
Holmes Norton introduced H. Con. Res 38.
    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 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. 38 or ordering the resolution reported. A 
motion to order H. Con. Res. 38 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 objective of this legislation are to 
designate 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. 38 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. 38, 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,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H. Con. Res. 38--A concurrent resolution authorizing the use of the 
        Capitol grounds for the National Peace Officers' Memorial 
        Service

    H. Con. Res. 38 would authorize the Grand Lodge of the 
Fraternal Order of Police and its auxiliary to use the Capitol 
grounds on May 15, 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. 38 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. 38, 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. 38 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. 38 makes no changes in existing law.

                                  
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