[House Report 106-416] [From the U.S. Government Publishing Office] 106th Congress Report 1st Session HOUSE OF REPRESENTATIVES 106-416 ======================================================================= MONUMENT TO HONOR THOSE WHO HAVE SERVED THE NATION'S CIVIL DEFENSE AND EMERGENCY MANAGEMENT PROGRAMS _______ October 27, 1999.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Young of Alaska, from the Committee on Resources, submitted the following R E P O R T [To accompany H.R. 348] [Including cost estimate of the Congressional Budget Office] The Committee on Resources, to whom was referred the bill (H.R. 348) to authorize the construction of a monument to honor those who have served the Nation's civil defense and emergency management programs, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. PURPOSE OF THE BILL The purpose of H.R. 348 is to authorize the construction of a monument to honor those who have served the Nation's civil defense and emergency management programs. BACKGROUND AND NEED FOR LEGISLATION H.R. 348 authorizes the United States Civil Defense Monument Commission to construct a monument to honor those who have served the Nation's civil defense and emergency management programs. The monument will be constructed on federal land located in Emmitsburg, Maryland, and administered by the Federal Emergency Management Agency (FEMA). Although the Commission has offered to donate the monument as a gift to FEMA, FEMA contends that it does not have the authority to accept the gift because of statutory prohibitions found at 42 U.S.C. Sec. Sec. 5197(d) and 5201(b). However, a reading of both these provisions clearly indicates that gifts may be accepted by FEMA. H.R. 348 assures that the site and design of the monument will be subject to the approval of the Director of FEMA. Costs for the construction of the monument will be wholly paid by the Commission. In addition, the authority granted by this bill to construct the monument shall expire seven years after enactment if there are no site and design approvals and construction has not begun. COMMITTEE ACTION H.R. 348 was introduced on January 19, 1999, by Congressman Roscoe Bartlett (R-MD). The bill was referred to the Committee on Resources, and within the Committee to the Subcommittee on National Parks and Public Lands. On October 20, 1999, the Full Committee met to consider the bill. The Subcommittee was discharged from further consideration of the bill by unanimous consent. No amendments were offered and the bill was ordered favorably reported to the House of Representatives by voice vote. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee on Resources' oversight findings and recommendations are reflected in the body of this report. CONSTITUTIONAL AUTHORITY STATEMENT Article I, section 8 and Article IV, section 3 of the Constitution of the United States grant Congress the authority to enact this bill. COMPLIANCE WITH HOUSE RULE XIII 1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 2. Congressional Budget Act. As required by 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, this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 3. Government Reform Oversight Findings. Under clause 3(c)(4) of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this bill. 4. Congressional Budget Office Cost Estimate. Under clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the Director of the Congressional Budget Office: U.S. Congress, Congressional Budget Office, Washington, DC, October 26, 1999. Hon. Don Young, Chairman, Committee on Resources, House of Representatives, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 348, a bill to authorize the construction of a monument to honor those who have served the nation's civil defense and emergency management programs. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Megan Carroll. Sincerely, Barry B. Anderson (For Dan L. Crippen, Director). Enclosure. H.R. 348--A bill to authorize the construction of a monument to honor those who have served the nation's civil defense and emergency management programs CBO estimates that implementing H.R. 348 would have no impact on federal spending. The bill would not affect direct spending or receipts; therefore, pay-as-you-go procedures would not apply. The bill contains no intergovernmental or private- sector mandates as defined in the Unfunded Mandates Reform Act and would not affect the budgets of state, local, or tribal governments. H.R. 348 would authorize the United States National Civil Defense Monument Commission, a private nonprofit organization, to donate a monument to the Federal Emergency Management Agency (FEMA). All costs of constructing the monument would be paid by the commission and the finished monuments would be donated to FEMA. Subject to approval by FEMA, the bill would authorize the commission to design the monument and select a site to install it at FEMA's National Emergency Training Center in Emmitsburg, Maryland. Under H.R. 348, the commission's authority would expire in seven years unless FEMA has approved the monument's design and location, and construction has begun. Based on information from FEMA and the commission, CBO expects these requirements would be met. CBO estimates that any costs to the federal government of maintaining the monument would be negligible. The CBO staff contact is Megan Carroll. This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. COMPLIANCE WITH PUBLIC LAW 104-4 This bill contains no unfunded mandates. PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW This bill is not intended to preempt any State, local or tribal law. CHANGES IN EXISTING LAW If enacted, this bill makes no changes in existing law.