[House Report 106-918]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-918
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NATIONAL LAW ENFORCEMENT MUSEUM ACT
_______
September 29, 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
together with
DISSENTING VIEWS
[To accompany H.R. 2710]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 2710) to establish the National Law Enforcement Museum on
Federal land in the District of Columbia, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Law Enforcement Museum
Act''.
SEC. 2. FINDING.
Congress finds that there should be established a National Law
Enforcement Museum to honor and commemorate the service and sacrifice
of law enforcement officers in the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Memorial fund.--The term ``Memorial Fund'' means the
National Law Enforcement Officers Memorial Fund, Inc.
(2) Museum.--The term ``Museum'' means the National Law
Enforcement Museum established under section 4(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. NATIONAL LAW ENFORCEMENT MUSEUM.
(a) Establishment.--The Memorial Fund may construct a National Law
Enforcement Museum on Federal land located on United States Reservation
#7, on the property directly south of the National Law Enforcement
Officers Memorial, bounded by--
(1) E Street, NW., on the north;
(2) 5th Street, NW., on the west;
(3) 4th Street, NW., on the east; and
(4) Indiana Avenue, NW., on the south.
(b) Design and Plans.--
(1) In general.--In carrying out subsection (a), the Memorial
Fund shall be responsible for preparation of the design and
plans for the Museum.
(2) Approval.--The design and plans for the Museum shall be
subject to the approval of--
(A) the Secretary;
(B) the Commission of Fine Arts; and
(C) the National Capital Planning Commission.
(3) Design Requirement.--The Museum shall be designed so that
not more than 35 percent of the volume of the structure is
above the floor elevation at the north rear entry of Court
Building D, also known as ``Old City Hall''.
(c) Operation.--The Memorial Fund shall own, operate, and maintain
the Museum after completion of construction.
(d) Federal Share.--The United States shall pay no expense incurred
in the establishment or construction of the Museum.
(e) Funding Verification.--The Secretary shall not permit
construction of the Museum to begin unless the Secretary determines
that sufficient amounts are available to complete construction of the
Museum in accordance with the design and plans approved under
subsection (b).
(f) Failure To Construct.--If the Memorial Fund fails to begin
construction on the Museum by the date that is 10 years after the date
of enactment of this Act, the authority to construct the Museum shall
terminate on that date.
purpose of the bill
The purpose of H.R. 2710 is to establish the National Law
Enforcement Museum on federal land in the District of Columbia.
background and need for legislation
As reported, H.R. 2710 would establish a National Law
Enforcement Museum adjacent to the National Law Enforcement
Officers Memorial in the District of Columbia. The proposed
sight for the museum lies on federally-owned property located
on E Street, between 4th and 5th Streets, NW. The proposed
museum would be the most comprehensive law enforcement museum
and research facility in the world. The purpose of the National
Law Enforcement Museum would be to help increase the public's
understanding of the law enforcement profession as well as
increase public awareness and appreciation for the great
personal risks law enforcement officers encounter on the job.
All funds to construct the museum would come from private
donations and be the responsibility of the National Law
Enforcement Officers Memorial Fund, Inc. The projected 70,000
square foot building, the majority of which will be underneath
the ground, is estimated to cost $25 million. H.R. 2710 would
prohibit the construction of the museum from commencing until
the Secretary of the Interior had determined that adequate
funds to build and operate the museum had been raised.
Furthermore, the design and plans for the Museum are subject to
the approval of the Commission on Fine Arts and the National
Capitol Planning Commission.
committee action
H.R. 2710 was introduced by Congressman Joel Hefley (R-CO)
on August 4, 1999. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On September 20, 2000, the
Resources Committee met to consider H.R. 2710. The Subcommittee
on National Parks and Public Lands was discharged from further
consideration of the bill by unanimous consent. Congressman
Joel Hefley offered an amendment in the nature of a substitute
to conform the bill to the language of the companion Senate
bill, S. 1438. The amendment was adopted by voice vote. The
bill, as amended, was then 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 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, September 26, 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. 2710, the National
Law Enforcement Museum Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 2710--National Law Enforcement Museum Act
H.R. 2710 would authorize the National Law Enforcement
Officers Memorial Fund, Inc., to construct on federal land a
museum honoring law enforcement officers. The museum would be
located in the District of Columbia across the street from the
National Law Enforcement Officers Memorial. Because the
Memorial Fund would be responsible for all costs associated
with constructing, operating, and maintaining the museum, CBO
estimates that implementing H.R. 2710 would have no significant
impact on the federal budget.
The bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures would not apply. H.R. 2710
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would not
impose significant costs on state, local, or tribal
governments.
On June 13, 2000, CBO transmitted a cost estimate for S.
1438, the National Law Enforcement Museum Act, as ordered
reported by the Senate Committee on Energy and National
Resources on June 7, 2000. The two bills are identical, as are
our cost estimates.
The CBO staff contact is John R. Righter. 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
If enacted, this bill would make no changes in existing
law.
DISSENTING VIEWS
No one would minimize the sacrifices made by the men and
women who serve in law enforcement. The National Law
Enforcement Officer's Memorial is a powerful and poignant
reminder of the importance of their service and the risks a
career in law enforcement entails. In addition, if a private
entity wishes to raise the funds and construct a museum in
honor of law enforcement officers, the Congress should provide
appropriate assistance. However, we have serious concerns
regarding the specific approach taken in H.R. 2710.
The bill would authorize a private entity known as the
National Law Enforcement Officer's Memorial Fund to construct a
National Law Enforcement Museum on federal land located near
the existing National Law Enforcement Officer's Memorial.
Currently, the land is part of the District of Columbia
Superior Court complex, however, ownership of the property has
yet to be determined precisely. It is our understanding that
the parcel in question was once owned by the National Park
Service and was ceded over to the District of Columbia in the
early 1970's but the details of that transaction have yet to be
established. Clear title to the parcel in question, and this
legislation's effects on that title, must be established before
we move forward with this proposal.
Once we have established clear title, we could then explore
how the property is to be transferred. Since the bill is silent
on the issue of valuation, it would appear that proponents of
H.R. 2710 support simply giving this land to the Fund free of
charge. While this might be appropriate in some instances,
transferring half a city block in the heart of downtown
Washington to a private entity without any compensation to the
City is inequitable and unwise.
A variety of other important questions have been raised
including the effects of the new building on the historic area
in which it will sit. The Administration, as well as the
Delegate from the District of Columbia, have expressed strong
reservations regarding this bill based on these and other
concerns. Unfortunately, no hearings were held on H.R. 2710
during which these concerns might have been addressed. We would
urge our colleagues to oppose H.R. 2710 in its current form and
seek to work with the sponsor to craft legislation once we have
gathered additional information.
George Miller.
Carlos Romero-Barcelo.