[House Report 106-854]
[From the U.S. Government Publishing Office]
106th Congress Report 106-854
HOUSE OF REPRESENTATIVES
2d Session Part 1
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TO PERMIT THE PAYMENT OF MEDICAL EXPENSES INCURRED BY THE UNITED STATES
PARK POLICE IN THE PERFORMANCE OF DUTY TO BE MADE DIRECTLY BY THE
NATIONAL PARK SERVICE, TO ALLOW FOR WAIVER AND INDEMNIFICATION IN
MUTUAL LAW ENFORCEMENT AGREEMENTS BETWEEN THE NATIONAL PARK SERVICE
AND A STATE OR POLITICAL SUBDIVISION WHEN REQUIRED BY STATE LAW, AND
FOR OTHER PURPOSES
_______
September 14, 2000.--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. 4404]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4404) to permit the payment of medical expenses incurred
by the United States Park Police in the performance of duty to
be made directly by the National Park Service, to allow for
waiver and indemnification in mutual law enforcement agreements
between the National Park Service and a State or political
subdivision when required by State law, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. MEDICAL PAYMENTS.
(a) In General.--Subsection (e) of the Policemen and Firemen's
Retirement and Disability Act (39 Stat. 718, as amended by 71 Stat.
394) is amended by adding at the end the following new sentence:
``Notwithstanding the previous sentence, in the case of any member of
the United States Park Police, payment shall be made by the National
Park Service upon a certificate of the Chief, United States Park
Police, setting forth the necessity for such services or treatment and
the nature of the injury or disease which rendered the same
necessary.''.
(b) National Park Service Reimbursement.--Section 6 of the Policemen
and Firemen's Retirement and Disability Act Amendments of 1957 (71
Stat. 399) is amended by inserting after the first sentence the
following new sentence: ``Such sums are authorized to be appropriated
to reimburse the National Park Service, on a monthly basis, for medical
benefit payments made from funds appropriated to the National Park
Service in the case of any member of the United States Park Police.''.
SEC. 2. INDEMNIFICATION.
(a) In General.--Section 10(c) of the Act of August 18, 1970 (Public
Law 91-383; 16 U.S.C. 1a-6(c)), is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) mutually waive, in any agreement pursuant to paragraphs
(1) and (2) of this subsection or pursuant to subsection (b)(1)
with any State or political subdivision thereof where State law
requires such waiver and indemnification, any and all civil
claims against all the other parties thereto and, subject to
available appropriations, indemnify and save harmless the other
parties to such agreement from all claims by third parties for
property damage or personal injury, which may arise out of the
parties' activities outside their respective jurisdictions
under such agreement; and''.
(b) Technical Amendment.--Paragraph (5) of section 10(c) of the Act
of August 18, 1970 (Public Law 91-383; 16 U.S.C. 1a-6(c)) (as
redesignated by subsection (a)(2)), is further amended--
(1) by striking ``(5) the'' and inserting ``The''; and
(2) by moving the text flush and 2 ems to the left.
Purpose of the Bill
The purpose of H.R. 4404 is to permit the payment of
medical expenses incurred by the United States Park Police in
the performance of duty to be made directly by the National
Park Service, to allow for waiver and indemnification in mutual
law enforcement agreements between the National Park Service
and a State or political subdivision when required by State
law, and for other purposes.
Background and Need for Legislation
The United States Park Police is a unit of the Department
of the Interior, National Park Service (NPS). It provides law
enforcement services particularly with urban expertise in NPS
areas in Washington, D.C., San Francisco, California, and New
York City, New York. The United States Park Police operate with
638 total personnel and a fiscal year 2000 requested budget of
$54 million.
H.R. 4404 authorizes the payment of medical expenses
incurred by United States Park Police personnel in the
performance of their duty to be made directly by the NPS.
Currently, payments are made through the District of Columbia,
a process which is slow and cumbersome. As a result,
reimbursable payments to Park Police have been a hardship for
the officers, staff, and their families. The bill would
authorize NPS to make direct payments to Park Police personnel.
The NPS would then be reimbursed by the Policeman and Fireman's
Retirement and Disability Fund.
H.R. 4404 would also authorize NPS to enter into mutual aid
agreements with adjacent law enforcement agencies in Maryland
or Virginia. Both these States require that each party to the
agreements be indemnified and hold the assisting agency
harmless from claims from third parties dealing with property
damage or personnel injury. This bill would authorize these
agreements and promote further cooperation between State
authorities and United States Park Police in the District of
Columbia.
Committee Action
H.R. 4404 was introduced by Congressman Jim Hansen (R-UT)
on May 9, 2000. The bill was referred to the Committee on
Resources, and additionally to the Committee on Government
Reform. Within the Committee on Resources, the bill was
referred to the Subcommittee on National Parks and Public
Lands. On June 8, 2000, the Subcommittee held a hearing on the
bill. On June 22, 2000, the Subcommittee met to consider the
bill. An amendment in the nature of a substitute was offered by
Congressman Hansen which provided for several technical
changes. The amendment was adopted by voice vote. The bill, as
amended, was then ordered favorably reported to the Resources
Committee by voice vote. On June 28, 2000, the Full Committee
met to consider the bill. No additional amendments were offered
and the bill, as amended, was ordered favorably reported by
unanimous consent.
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 of the Constitution of the United
States grants 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, July 17, 2000.
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. 4404, a bill to
permit the payment of medical expenses incurred by the United
States Park Police in the performance of duty to be made
directly by the National Park Service, to allow for waiver and
indemnification in mutual law enforcement agreements between
the National Park Service and a state or political subdivision
when required by state law, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4404--A bill to permit the payment of medical expenses incurred by
the United States Park Police in the performance of duty to be
made directly by the National Park Service, to allow for waiver
and indemnification in mutual law enforcement agreements
between the National Park Service and a state or political
subdivision when required by state law, and for other purposes.
CBO estimates that enacting H.R. 4404 would have no
significant impact on federal spending. Because the legislation
could help the National Park Service (NPS) to pay certain
employee expenses more efficiently, federal outlays could occur
more rapidly than they have in the recent past. Any such effect
would be temporary (in the first year or two following
enactment), minor (less than $100,000 in total), and subject to
the availability of appropriated funds. Also, as a result of
efficiencies resulting from this legislation, the NPS could
realize small net savings in annual employment-related expenses
in the long run, but CBO estimates that any such changes would
be negligible.
H.R. 4404 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 impose no
costs on state, local, or tribal governments.
Section 1 would amend Title IV of the District of Columbia
Code to state that the NPS will pay directly to vendors all
eligible medical bills submitted for members of the United
States Park Police (USPP) who are injured or become ill while
performing their duties. This section also would authorize the
appropriation of whatever amounts are necessary to reimburse
the NPS for such payments. Title IV currently requires the
District of Columbia to make medical payments directly to the
vendors--for the USPP, for certain members of the U.S. Secret
Service, and for members of its own Metropolitan Police and
Fire Departments. The title also authorize appropriations from
the U.S. Treasury of whatever amounts are needed to reimburse
the District monthly for all medical bills that it has paid for
federal employees.
Implementing section 1 would neither alter the financial
obligations of the NPS to any USPP member nor affect the dollar
amount owed by that agency for medical expenses of the USPP.
The NPS would continue to pay the amounts--an average of about
$400,000 annually--but to different people, and possibly more
quickly. CBO estimates that, in general, the NPS would be able
to process claims for medical expenses more rapidly (and, in
the long run, possibly more cheaply) under this legislation
because it would eliminate the District as a third party in
each transaction. This change would reduce the number of time-
consuming steps in the payment process and help to expedite the
payment of any backlog that the District might have remaining
at the time of enactment. CBO estimates that the effect of
paying off outstanding bills and implementing a more timely
payment schedule would result in a one-time outlay increase of
less than $100,000 (assuming that appropriated funds are
available for this purpose).
Section 2 would authorize the Secretary of the Interior to
waive all claims against state or local governments that enter
into mutual law enforcement agreements with the NPS. Subject to
the availability of appropriated funds, the NPS also would be
authorized to indemnify these governments against third-party
claims that may arise from actions taken by state or local
police when assisting the agency.
According to information provided by the NPS, the agency
has, since the early 1990s, executed agreements that contain
mutual waivers and indemnification clauses with local law
enforcement agencies in at least two states, Virginia and
Maryland. Because section 2 would codify a practice that has
already been in use by the NPS for several years, CBO expects
that enacting this provision would have no effect on the
federal budget.
The CBO staff contact is Deborah Reis. 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 State, local, or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
POLICEMEN AND FIREMEN'S RETIREMENT AND DISABILITY ACT
* * * * * * *
definitions
Sec. 12. (a) * * *
* * * * * * *
medical and hospital service
(e) Whenever any member shall become temporarily disabled by
injury received or disease contracted in the performance of
duty, to such an extent as to require medical or surgical
services, other than such as can be rendered by the
Commissioners, or to require hospital treatment, the expense of
such medical or surgical services, or hospital treatment, shall
be paid by the District of Columbia; but no such expense shall
be paid except upon a certificate of the Commissioners setting
forth the necessity for such services or treatment and the
nature of the injury or disease which rendered the same
necessary. Notwithstanding the previous sentence, in the case
of any member of the United States Park Police, payment shall
be made by the National Park Service upon a certificate of the
Chief, United States Park Police, setting forth the necessity
for such services or treatment and the nature of the injury or
disease which rendered the same necessary.
* * * * * * *
----------
SECTION 6 OF THE POLICEMEN AND FIREMEN'S RETIREMENT AND DISABILITY ACT
AMENDMENTS OF 1957
reimbursement to district of columbia
Sec. 6. There are hereby authorized to be appropriated from
revenues of the United States such sums as are necessary to
reimburse the District of Columbia, on a monthly basis, for
benefit payments made from revenues of the District of Columbia
to or for Federal employees and to or for the surviving
children and spouse of such Federal employees under the
provisions of the Policemen and Firemen's Retirement and
Disability Act, to the extent that such benefit payments exceed
the deductions from the salaries of Federal employees for
credit to the revenues of the District of Columbia. Such sums
are authorized to be appropriated to reimburse the National
Park Service, on a monthly basis, for medical benefit payments
made from funds appropriated to the National Park Service in
the case of any member of the United States Park Police. For
the purpose of this section, (a) the term ``benefit payments''
includes relief, retirement compensation, pensions, and
annuities and medical, surgical, hospital, and funeral
expenses, and (b) the term ``Federal employees'' means and
includes such members of the United States Park Police force as
are paid from funds of the United States, members of the White
House Police force and such members of the United States Secret
Service Division as have or may hereafter become entitled to
benefits under the Policemen and Firemen's Retirement and
Disability Act.
----------
SECTION 10 OF THE ACT OF AUGUST 18, 1970
AN ACT To improve the administration of the national park system by the
Secretary of the Interior, and to clarify the authorities applicable to
the system, and for other purposes
Sec. 10. (a) * * *
* * * * * * *
(c) The Secretary of the Interior is hereby authorized to--
(1) * * *
(2) cooperate, within the National Park System, with
any State or political subdivision thereof in the
enforcement of supervision of the laws or ordinances of
that State or subdivision; [and]
(3) mutually waive, in any agreement pursuant to
paragraphs (1) and (2) of this subsection or pursuant
to subsection (b)(1) with any State or political
subdivision thereof where State law requires such
waiver and indemnification, any and all civil claims
against all the other parties thereto and, subject to
available appropriations, indemnify and save harmless
the other parties to such agreement from all claims by
third parties for property damage or personal injury,
which may arise out of the parties' activities outside
their respective jurisdictions under such agreement;
and
[(3)] (4) provide limited reimbursement, to a State
or its political subdivisions, in accordance with such
regulations as he may prescribe, where the State has
ceded concurrent legislative jurisdiction over the
affected area of the system, for expenditures incurred
in connection with its activities within that system
which were rendered pursuant to paragraph (1) of this
subsection.
[(4) the]
The authorities provided by this subsection shall supplement
the law enforcement responsibilities of the National Park
Service, and shall not authorize the delegation of law
enforcement responsibilities of the agency to State and local
governments.
* * * * * * *
House of Representatives,
Committee on Resources,
Washington, DC, September 8, 2000.
Hon. Dan Burton,
Chairman, Committee on Government Reform, Rayburn House Office
Building, Washington, DC.
Dear Mr. Chairman: On June 28, 2000, the Committee on
Resources ordered favorably reported by unanimous consent H.R.
4404, to permit the payment of medical expenses incurred by the
United States Park Police in the performance of duty to be made
directly by the National Park Service, to allow for waiver and
indemnification in mutual law enforcement agreements between
the National Park Service and a State or political subdivision
when required by State law, and for other purposes. The bill
was referred primarily to Resources and additionally to the
Committee on Government Reform because of the amendments made
to the Policemen and Firemen's Retirement and Disability Act.
Among other things, H.R. 4404 authorizes the payment of
medical expenses incurred by United States Park Police
personnel in the performance of their duties to be made
directly by the National Park Service of the Department of the
Interior. Currently, payments are made through the District of
Columbia, a process which is slow and cumbersome. As a result,
reimbursable payments to Park Police have been a hardship for
officers and their families. Under H.R. 4404, the National Park
Service would pay Park Police officers directly, and then the
Park Service would be reimbursed by the Policemen and Firemen's
Retirement and Disability Fund. Congressman Jim Hansen,
Chairman of the Subcommittee on National Parks and Public
Lands, introduced the bill at the request of the Park Police.
Congressman Hansen would like to schedule this important
legislation for consideration by the House of Representatives
before we adjourn. Therefore, given the very few days left of
the 106th Congress, I ask if you would allow the Committee on
Government Reform to be discharged from further consideration
of the bill. This action would not prejudice your jurisdiction
over the subject matter of the bill, or serve as precedent for
future referrals. If a conference on the bill with the Senate
becomes necessary, I would support your request to have members
of your committee be appointed to the conference committee.
Finally, I would be pleased to include this letter and your
response in the Committee on Resources' bill report to
memorialize this understanding.
Earlier this summer, my staff was in contact with your
staff about this bill, and I hope that we will be able to help
the Park Police with this small personnel issue. I enclose a
copy of the bill as ordered reported and draft bill report for
your review. Thank you for your consideration of my request and
look forward to your timely response.
Sincerely,
Don Young,
Chairman.
------
House of Representatives,
Committee on Government Reform,
Washington, DC, September 13, 2000.
Hon. Don Young,
Chairman, Committee on Resources, House of Representatives, Longworth
House Office Building, Washington, DC.
Dear Mr. Chairman: In response to your request and in the
interest of expediting Floor consideration of the bill, the
Committee will not exercise its jurisdiction over H.R. 4404. A
bill to permit the payment of medical expenses incurred by the
United States Park Police in the performance of duty to be made
directly by the National Park Service.
As you know, House Rules grant the Committee on Government
Reform wide jurisdiction over Federal civil service including
intergovernmental personnel; and the status of officers and of
the United States, including their compensation,
classification, and retirement. This action should not,
however, be construed as waiving the Committee's jurisdiction
over future legislation of a similar nature. I would also
request that members of the Government Reform Committee be
appointed as conferees if a conference committee is appointed.
I look forward to working with you on this and other issues
throughout the remainder of the 106th Congress.
Sincerely,
Dan Burton,
Chairman.