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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-247

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



 
    AUTHORIZING THE USE OF THE CAPITOL GROUNDS FOR A CELEBRATION OF 
                            CITIZENSHIP DAY

                                _______
                                

 September 8, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                    [To accompany H. Con. Res. 136]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the concurrent resolution (H. Con. Res. 136) 
authorizing the use of the Capitol Grounds for a celebration of 
Citizenship Day, having considered the same, report favorably 
thereon without amendment and recommend that the concurrent 
resolution be agreed to.

                       PURPOSE OF THE LEGISLATION

    The purpose of House Concurrent Resolution 136 is to 
authorize the use of the Capitol Grounds for a celebration of 
Citizenship Day.

                  BACKGROUND AND NEED FOR LEGISLATION

    September 17th marks the anniversary of the ratification of 
the U.S. Constitution and is commemorated as Constitution Day 
and Citizenship Day. Constitution Day and Citizenship Day was 
authorized by the Consolidated Appropriations Act, 2005 (P.L. 
108-447). It designates a time to honor the Constitution of 
America and learn more about this famous piece of legislation. 
September 17, 2009 marks the 222nd anniversary of the signing 
of the document created at the Constitutional Convention in 
Philadelphia.
    Constitution Day and Citizenship Day also recognizes ``all 
those who, whether by coming of age or by naturalization, have 
become citizens.'' The day is intended to encourage ``the 
complete instruction of citizens in their responsibilities and 
opportunities as citizens of the United States and of the State 
and locality in which they reside.''
    H. Con. Res. 136 authorizes the National Korean American 
Service and Education Consortium to sponsor a free public event 
on the Capitol Grounds to celebrate Citizenship Day on 
September 17, 2009.

                       SUMMARY OF THE LEGISLATION

Section 1. Use of Capitol Grounds to Celebrate Citizenship Day
    Section 1 states that the National Korean American Service 
and Education Consortium shall be permitted to sponsor a public 
event on the Capitol Grounds to celebrate Citizenship Day on 
September 17, 2009, or such other date as the Speaker of the 
House of Representatives and the Senate Committee on Rules and 
Administration may jointly designate.
Sec. 2. Terms and conditions
    Section 2 states that, under conditions prescribed by the 
Architect of the Capitol and the Capitol Police Board, the 
event shall be free of charge and arranged not to interfere 
with the needs of Congress. This section also states that the 
sponsor will be responsible for all expenses and liabilities 
for activities associated with the event.
Sec. 3. Event preparations
    Section 3 states that subject to the approval of the 
Architect of the Capitol, the sponsor of the event is 
authorized to erect upon the Capitol Grounds physical 
structures and equipment for the event.

Sec. 4. Enforcement of restrictions

    Section 4 requires the Capitol Police Board to enforce all 
applicable restrictions on the use of the Capitol Grounds, 
including those relating to sales, advertisements, displays, 
and solicitations.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On May 21, 2009, Representative Diane E. Watson introduced 
H. Con. Res. 136. This bill has not been introduced in a 
previous Congress. On July 30, 2009, the Committee on 
Transportation and Infrastructure met in open session, and 
ordered the resolution reported favorably to the House by voice 
vote with a quorum present.

                              RECORD VOTES

    Clause 3(b) of rule XIII 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. 136 or ordering the resolution reported. A 
motion to order H. Con. Res. 136 reported favorably to the 
House was agreed to by voice vote with a quorum present.

                      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.

                          COST OF LEGISLATION

    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.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of 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, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize the use of the Capitol Grounds for a celebration of 
Citizenship Day.
    3. 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. 136 from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 3, 2009.
Hon. James L. Oberstar,
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. 136, a 
concurrent resolution authorizing the use of the Capitol 
grounds for a celebration of Citizenship Day.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                    Douglas W. Elmendorf, Director.
    Enclosure.

H. Con. Res. 136--A concurrent resolution authorizing the use of the 
        Capitol grounds for a celebration of Citizenship Day

    H. Con. Res. 136 would authorize the National Korean 
American Service and Education Consortium to use the Capitol 
grounds on September 17, 2009, 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 
legislation would require the sponsors to assume responsibility 
for all expenses and liabilities associated with the event, CBO 
estimates that passage of H. Con. Res. 136 would result in no 
significant cost to the federal government.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H. Con. Res. 136 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI 
of the Rules of the House of Representatives.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES 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 (P.L. 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. 136 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 TO THE 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 (P.L. 104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H. Con. Res. 136 makes no changes in existing law.