[House Report 114-467]
[From the U.S. Government Publishing Office]


114th Congress }                                            { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                            { 114-467

======================================================================
 
 AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE 3RD ANNUAL FALLEN 
         FIREFIGHTERS CONGRESSIONAL FLAG PRESENTATION CEREMONY

                                _______
                                

   March 23, 2016.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                    [To accompany H. Con. Res. 120]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 120) 
authorizing the use of the Capitol Grounds for the 3rd Annual 
Fallen Firefighters Congressional Flag Presentation Ceremony, 
having considered the same, report favorably thereon without 
amendment and recommend that the concurrent resolution be 
agreed to.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Congressional Budget Office Cost Estimate........................     2
Performance Goals and Objectives.................................     3
Advisory of Earmarks.............................................     3
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings Federal Mandate Statement....     4
Federal Mandate Statement........................................     4
Preemption Clarification.........................................     4
Advisory Committee Statement.....................................     4
Applicability of Legislative Branch..............................     4
Section-by-Section Analysis of Legislation.......................     4
Changes in Existing Law Made by the Bill, as Reported............     5

                         PURPOSE OF LEGISLATION

    H. Con. Res. 120 authorizes the use of the Capitol Grounds 
for the 3rd Annual Fallen Firefighters Congressional Flag 
Presentation Ceremony.

                  BACKGROUND AND NEED FOR LEGISLATION

    H. Con. Res. 120 would authorize the use of the Capitol 
Grounds for the 3rd Annual Fallen Firefighters Congressional 
Flag Presentation Ceremony to be held on September 28, 2016. At 
the ceremony, leaders of the Congressional Fire Services Caucus 
will present American flags flown over the U.S. Capitol to the 
National Fallen Firefighters Foundation. Subsequently, the 
flags will be presented to the surviving relatives during the 
National Fallen Firefighters Memorial Service held in 
Emmitsburg, Maryland.

                                HEARINGS

    No hearings were held on H. Con. Res. 120.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    On February 26, 2016, Representative Peter T. King (R-NY) 
introduced H. Con. Res. 120, a concurrent resolution to 
authorize the use of the Capitol Grounds for the 3rd Annual 
Fallen Firefighters Congressional Flag Presentation Ceremony.
    On March 2, 2016, the Committee on Transportation and 
Infrastructure met in open session. The Committee ordered the 
concurrent resolution reported favorably to the House by voice 
vote with a quorum present.

                            COMMITTEE 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 record votes taken in connection 
with consideration of H. Con. Res. 120.

                      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.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    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.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    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. 120 from 
the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 18, 2016.
Hon. Bill Shuster,
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. 120, a 
concurrent resolution authorizing the use of the Capitol 
Grounds for the 3rd Annual Fallen Firefighters Congressional 
Flag Presentation Ceremony.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Robert A. Sunshine
                                        (For Keith Hall, Director).
    Enclosure.

H. Con. Res. 120--A concurrent resolution authorizing the use of the 
        Capitol Grounds for the 3rd Annual Fallen Firefighters 
        Congressional Flag Presentation Ceremony

    H. Con. Res. 120 would authorize the Congressional Fire 
Services Institute and the National Fallen Firefighters 
Foundation to use the Capitol grounds on September 28, 2016, 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 the sponsors would assume 
responsibility for all expenses and liabilities associated with 
the event, CBO estimates that passage of H. Con. Res. 120 would 
have no significant cost to the federal government. Because 
final passage of the legislation would not affect direct 
spending or revenues, pay-as-you-go procedures do not apply.
    CBO estimates that H. Con. Res. 120 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation is to 
authorize the use of the Capitol Grounds for the 3rd Annual 
Fallen Firefighters Congressional Flag Presentation Ceremony.

                          ADVISORY OF EARMARKS

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. No 
provision in the bill includes an earmark, limited tax benefit, 
or limited tariff benefit under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to section 3(g) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that no provision of H. Con. Res. 120 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    Pursuant to section 3(i) of H. Res. 5, 114th Cong. (2015), 
the Committee finds that enacting H. Con. Res. 120 does not 
direct the completion of a specific rule making within the 
meaning of section 551 of title 5, United States Code.

                       FEDERAL MANDATE 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. 120 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 OF 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).

               SECTION-BY-SECTION ANALYSIS OF LEGISLATION

Section 1. Use of the Capitol Grounds for Fallen Firefighters 
        Congressional Flag Presentation Ceremony

    Section 1 authorizes the Congressional Fire Services 
Institute and the National Fallen Firefighters Foundation to 
sponsor a public event, the 3rd Annual Fallen Firefighters 
Congressional Flag Presentation Ceremony, on the Capitol 
Grounds, in order to honor the firefighters who died in the 
line of duty during 2015 on September 28, 2016, or on such 
other date as the Speaker of the House of Representatives and 
the Committee on Rules and Administration of the Senate jointly 
designate.

Section 2. Terms and conditions

    Section 2 requires the event to be free of admission charge 
and open to the public and arranged to not interfere with the 
needs of Congress. This section also makes clear the sponsor of 
the event shall assume full responsibility for all expenses and 
liabilities incident to all activities associated with the 
event.

Section 3. Event preparations

    Section 3 authorizes the sponsor, subject to the approval 
of the Architect of the Capitol, to erect upon the Capitol 
Grounds such stage, sound amplification devices, and other 
related structures and equipment, as may be required for the 
event.

Section 4. Additional arrangements

    Section 4 authorizes the Architect of the Capitol and the 
Capitol Police Board to make such additional arrangement as may 
be required to carry out the event.

Section 5. Enforcement of restrictions

    Section 5 requires the Capitol Police Board to enforce all 
of the restrictions contained in section 5104(c) of title 40, 
United States Code, concerning sales, advertisements, displays, 
and solicitations on the Capitol Grounds, as well as other 
restrictions applicable to the Capitol Grounds, in connection 
with the event. This section also authorizes the Capitol Police 
Board to allow the event sponsor to use traditional, hand-held 
fire equipment the Board determines can be used in a safe 
manner.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Con. Res. 120 makes no changes in existing law.

                                  [all]