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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-353

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



 
                STATE ADMISSION DAY RECOGNITION ACT 2009

                                _______
                                

December 3, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Brady of Pennsylvania, from the Committee on House Administration, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3542]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 3542) to direct the Architect of the Capitol to 
fly the flag of a State over the Capitol each year on the 
anniversary of the date of the State's admission to the Union, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
    The amendment is as follows:
    Add at the end the following new section:

SEC. 3. REGULATIONS.

    The Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administration 
of the Senate may promulgate jointly such regulations as may be 
appropriate to carry out this Act, including regulations 
permitting the Architect of the Capitol to honor the District 
of Columbia, the Commonwealth of Puerto Rico, American Samoa, 
Guam, the United States Virgin Islands, and the Northern 
Mariana Islands by flying the flag of each such jurisdiction 
over the Capitol each year on an appropriate date for that 
jurisdiction.

                       PURPOSE OF THE LEGISLATION

    H.R. 3542 would require that the flag of each state be 
flown over the U.S. Capitol on the anniversary of the state's 
admission to the Union. The process would begin on December 7, 
following the date of enactment, to honor Delaware, the first 
state to join the Union. The bill, as amended, would also 
permit implementing regulations to be issued jointly by the 
Committee on House Administration and the Committee on Rules 
and Administration, which could permit the District of 
Columbia, the Commonwealth of Puerto Rico, American Samoa, 
Guam, the United States Virgin Islands and the Northern Mariana 
Islands to be represented by flags flown on dates appropriate 
to those jurisdictions.

                        COMMITTEE CONSIDERATION

    H.R. 3542 was introduced on September 9, 2009, by the 
Ranking Minority Member, Rep. Lungren of California. During 
markup the Committee, by voice vote, adopted a perfecting 
amendment by Chairman Brady adding section 3 at the end of the 
bill, which would require the Committee on House Administration 
and the Committee on Rules and Administration to jointly 
promulgate regulations to carry out the Act, which may include 
regulations permitting flags to be flown to represent the 
District of Columbia, the Commonwealth of Puerto Rico, and the 
territories of Guam, the United States Virgin Islands, American 
Samoa and the Northern Mariana Islands on dates appropriate to 
honor each of them.
    By voice vote, a quorum being present, the Committee 
ordered H.R. 3542, as amended, reported favorably to the House.

                       SECTION-BY-SECTION SUMMARY

    Section 1. The short title of the bill is ``State Admission 
Day Recognition Act of 2009''.
    Section 2. (a)--Directs the Architect of the Capitol to fly 
the flag of a state over the Capitol each year on the 
anniversary date of a state's admission to the Union.
    (b) Provides that the first flag to be flown will be that 
of Delaware, the first state admitted to the Union, on the 
first December 7 following enactment.
    Section 3. Authorizes the Committee on House Administration 
and the Committee on Rules and Administration to jointly 
promulgate such regulations as may be appropriate to carry out 
the Act. Such regulations may permit the Architect of the 
Capitol to fly flags representing the District of Columbia, the 
Commonwealth of Puerto Rico, and the territories of American 
Samoa, Guam, the United States Virgin Islands and the Northern 
Mariana Islands each year on appropriate dates for those 
jurisdictions.

             MATTERS REQUIRED UNDER THE RULES OF THE HOUSE


                        CONSTITUTIONAL AUTHORITY

    Clause 3(d)(1) of House rule XIII requires each committee 
report on a public bill or joint resolution to include a 
statement citing the specific constitutional power(s) granted 
to the Congress on which the Committee relies for enactment of 
the measure under consideration. The Committee cites the 
legislative power granted to Congress in Article I, Section 8, 
Clause 18.

                            COMMITTEE VOTES

    Clause 3(b) of House rule XIII requires the results of each 
recorded vote on an amendment or motion to report, together 
with the names of those voting for and against, to be printed 
in the committee report. No recorded votes were taken during 
the Committee's consideration of H.R. 3542.

                      COMMITTEE OVERSIGHT FINDINGS

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee states that findings and recommendations of the 
Committee based on oversight activities under clause 2(b)(1) of 
rule X are reflected in the descriptive portions of this 
report. The Committee has general oversight responsibility for 
the Architect of the Capitol.

                GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The Committee states that the goal of the legislation is to 
utilize Congress' authority over the U.S. Capitol building to 
provide a mechanism to honor each state annually on the date of 
its admission to the Union or, with respect to the District of 
Columbia and territorial jurisdictions, on dates appropriate 
for them.

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act requires a 
committee report on any public bill or joint resolution to 
include a statement on the extent to which the measure is 
intended to preempt state or local law. The Committee states 
that H.R. 3542 does not preempt any state or local law.

                            FEDERAL MANDATES

    Section 423 of the Congressional Budget Act requires a 
committee report on a public bill or joint resolution that 
includes a Federal mandate to include specific information 
about such mandates. The bill includes no federal mandates.

                         EARMARK IDENTIFICATION

    The Committee states, pursuant to clause 9 of rule XXI, 
that H.R. 3542, as amended, does not include any congressional 
earmarks, limited tax benefits or limited tariff benefits as 
defined in clause 9c, 9(f) or 9(g) of rule XXI.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, the following estimate and comparison 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2009.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3542, the State 
Admission Day Recognition Act of 2009.
    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.R. 3542--State Admission Day Recognition Act of 2009

    H.R. 3542 would amend federal law to require that the flag 
of each state be flown over the U.S. Capitol on the anniversary 
of the state's admission to the Union. The bill also would 
apply to the District of Columbia, the Commonwealth of Puerto 
Rico, and United States insular areas. CBO estimates that 
implementing H.R. 3542 would have no significant cost and would 
not affect direct spending or revenues.
    H.R. 3542 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.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.