[House Report 111-34]
[From the U.S. Government Publishing Office]






111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-34

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AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE DISTRICT OF COLUMBIA 
               SPECIAL OLYMPICS LAW ENFORCEMENT TORCH RUN

                                _______
                                

   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. 39]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 39) 
authorizing the use of the Capitol Grounds for the District of 
Columbia Special Olympics Law Enforcement Torch Run, 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 39 is to 
authorize the use of the Capitol Grounds for the District of 
Columbia Special Olympics Law Enforcement Torch Run.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Capitol Police, along with the D.C. Special Olympics, 
will participate in the torch run to be held on June 5, 2009. 
The D.C. Special Olympics will work closely with the Capitol 
Police and the Architect of the Capitol to make sure that the 
event is in full compliance with the rules and regulations 
governing the use of the Capitol Grounds.
    The Law Enforcement Torch Run for the Special Olympics is 
run nationwide by law enforcement officers, leading up to each 
state's or national Special Olympics Summer Games. Each year, 
nearly 50 local and Federal law enforcement agencies in 
Washington, D.C. participate to show their support of the D.C. 
Special Olympics. This torch relay event is a traditional part 
of the opening ceremonies for the Special Olympics. Since its 
inception, more than 15,000 District of Columbia citizens with 
disabilities have participated in the Special Olympics. Funds 
raised from the Law Enforcement Torch Run for the Special 
Olympics help support year-round training and programs for the 
D.C. Special Olympics. This type of support led to seven 
Special Olympics athletes competing in the Penn Relays in 
Philadelphia, Pennsylvania, in April 2008.
    Each year approximately 2,500 Special Olympians of all ages 
compete in more than a dozen events in the D.C. Special 
Olympics. The event is supported by volunteers from the 
Washington, D.C. metropolitan region and is attended by 
thousands more family and friends in the area making this event 
a truly unique service designed to offer self-determination to 
individuals with disabilities.

                       SUMMARY OF THE LEGISLATION

Section 1. Authorization of use of Capitol Grounds for the District of 
        Columbia Special Olympics Law Enforcement Torch Run

    Section 1 authorizes the use of the Capitol Grounds for the 
District of Columbia Special Olympics Law Enforcement Torch Run 
on June 5, 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. Responsibility of the Capitol Police Board

    Section 2 requires the Capitol Police Board to take such 
actions as may be necessary to carry out for the event.

Section 3. Conditions relating to physical preparations

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

Section 5. 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. 39.
    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. 39 or ordering the resolution reported. A 
motion to order House Concurrent Resolution 39 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 
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 is to 
authorize the use of the Capitol Grounds for the District of 
Columbia Special Olympics Law Enforcement Torch Run.
    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. 39 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. 39, a 
concurrent resolution authorizing the use of the Capitol 
grounds for the District of Columbia Special Olympics Law 
Enforcement Torch Run.
    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. 39--A concurrent resolution authorizing the use of the 
        Capitol grounds for the District of Columbia Special Olympics 
        Law Enforcement Torch Run

    H. Con. Res. 39 would authorize the 2009 District of 
Columbia Special Olympics Law Enforcement Torch Run to be run 
through the Capitol grounds on June 5, 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. 
CBO estimates that passage of H. Con. Res. 39 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. 39, 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. 39 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. 39 makes no changes in existing law.

                                  
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