[House Report 115-87]
[From the U.S. Government Publishing Office]


115th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                      {      115-87

======================================================================

 
   AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR THE NATIONAL PEACE 
 OFFICERS MEMORIAL SERVICE AND THE NATIONAL HONOR GUARD AND PIPE BAND 
                               EXHIBITION

                                _______
                                

   April 6, 2017.--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. 35]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 35) 
authorizing the use of the Capitol Grounds for the National 
Peace Officers Memorial Service and the National Honor Guard 
and Pipe Band Exhibition, having considered the same, report 
favorably thereon without amendment and recommend that the 
concurrent resolution be agreed to.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Legislative History and Consideration............................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Advisory of Earmarks.............................................     4
Duplication of Federal Programs..................................     4
Disclosure of Directed Rule Makings..............................     4
Federal Mandate Statement........................................     4
Preemption Clarification.........................................     4
Advisory Committee Statement.....................................     5
Applicability of Legislative Branch..............................     5
Section-by-Section Analysis of Legislation.......................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                         PURPOSE OF LEGISLATION

    H. Con. Res. 35 authorizes the use of the Capitol Grounds 
for the National Peace Officers Memorial Service and the 
National Honor Guard and Pipe Band Exhibition.

                  BACKGROUND AND NEED FOR LEGISLATION

    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.'' Today, 
tens of thousands of law enforcement officers from around the 
world come to Washington, D.C. to participate in events during 
that week to honor the men and woman of law enforcement who 
have made the ultimate sacrifice.
    Among the events during Police Week are the National Peace 
Officers' Memorial Service and the National Honor Guard and 
Pipe Band Exhibition.
    The Grand Lodge of the Fraternal Order of Police will 
sponsor a public event on May 15, 2017, the 36th Annual 
National Peace Officers' Memorial Service on the Capitol 
Grounds, in order to honor the law enforcement officers who 
died in the line of duty. Over 234 fallen federal, state, and 
local law enforcement officers will be honored during the 
ceremony for their sacrifice. Among the fallen officers that 
will be honored in 2017 include 144 killed in 2016, 70 officers 
who died from 9-11 related cancers, and 30 officers who died in 
prior years who were not previously honored.
    In addition, the Fraternal Order of Police National Honor 
Guard and Pipe Band Exhibition will utilize the area 
surrounding the Grant Statue on the East side of the Capitol 
Reflection Pool on May 14, 2017, to provide for law enforcement 
from around the country to exhibit their ability to demonstrate 
Honor Guard programs and for a separate Big Pipe Band 
exhibition.

                                HEARINGS

    No hearings were held on H. Con. Res. 35.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    On March 20, 2017, Congressman Lou Barletta (R-PA), along 
with Congressman Henry C. ``Hank'' Johnson, Jr. (D-GA) 
introduced H. Con. Res. 35 authorizing the use of the Capitol 
Grounds for the National Peace Officers Memorial Service and 
the National Honor Guard and Pipe Band Exhibition.
    On March 29, 2017, the Committee on Transportation and 
Infrastructure met in open session. The Committee ordered the 
bill 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 recorded votes taken in connection 
with consideration of H. Con. Res. 35.

                      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. 35 from 
the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 4, 2017.
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. 35, a 
concurrent resolution authorizing the use of the Capitol 
Grounds for the National Peace Officers Memorial Service and 
the National Honor Guard and Pipe Band Exhibition.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H. Con. Res. 35--A concurrent resolution authorizing the use of the 
        Capitol Grounds for the National Peace Officers Memorial 
        Service and the National Honor Guard and Pipe Band Exhibition

    H. Con. Res. 35 would authorize the Grand Lodge of the 
Fraternal Order of Police and its auxiliary to use the Capitol 
grounds on May 15, 2017, or on such dates as the Speaker of the 
House of Representatives and the Senate Committee on Rules and 
Administration may jointly designate. Preparation could begin 
on May 11, 2016, and any changes to the grounds would need the 
approval of the Architect of the Capitol. All event structures 
and equipment would be removed by May 16, 2017. Because the 
legislation would require that the sponsors assume 
responsibility for all expenses and liabilities associated with 
the event, CBO estimates that passage of H. Con. Res. 35 would 
result in 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. 35 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    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 National Peace 
Officers Memorial Service and the National Honor Guard and Pipe 
Band Exhibition.

                          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 clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H. Con. Res. 35 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, 115th Cong. (2017), 
the Committee finds that enacting H. Con. Res. 35 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. 35 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 National Peace Officers' 
        Memorial Service

    Section 1 authorizes the Grand Lodge of the Fraternal Order 
of Police and its auxiliary to sponsor a public event, the 36th 
Annual National Peace Officers' Memorial Service, on the 
Capitol Grounds, in order to honor the law enforcement officers 
who died in the line of duty during 2016 on May 15, 2017, or on 
such other date as the Speaker of the House of Representatives 
and the Senate Committee on Rules and Administration jointly 
designate, with preparation for the event to begin on May 11, 
2017.

Section 2. Use of the Capitol Grounds for the National Honor Guard and 
        Pipe Band Exhibition

    Section 2 authorizes the Grand Lodge of the Fraternal Order 
of Police and its auxiliary to sponsor a public event, the 
National Honor Guard and Pipe Band Exhibition, on the Capitol 
Grounds, in order to allow law enforcement representatives to 
exhibit their ability to demonstrate Honor Guard programs and 
provide for a bagpipe exhibition on May 14, 2017, or on such 
other date as the Speaker of the House of Representatives and 
the Senate Committee on Rules and Administration jointly 
designate.

Section 3. Terms and conditions

    Section 3 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 4. Event preparations

    Section 4 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 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.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Con. Res. 35 makes no changes in existing law.

                                  [all]