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115th Congress      }                                      {    Report
                          HOUSE OF REPRESENTATIVES
 2d Session         }                                      {    115-669

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

 
     TO AUTHORIZE THE NATIONAL EMERGENCY MEDICAL SERVICES MEMORIAL 
    FOUNDATION TO ESTABLISH A COMMEMORATIVE WORK IN THE DISTRICT OF 
           COLUMBIA AND ITS ENVIRONS, AND FOR OTHER PURPOSES

                                _______
                                

  May 11, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 1037]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1037) to authorize the National Emergency 
Medical Services Memorial Foundation to establish a 
commemorative work in the District of Columbia and its 
environs, 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 all after the enacting clause and insert the 
following:

SECTION 1. AUTHORIZATION TO ESTABLISH COMMEMORATIVE WORK.

  (a) In General.--The National Emergency Medical Services Memorial 
Foundation may establish a commemorative work on Federal land in the 
District of Columbia and its environs to commemorate the commitment and 
service represented by emergency medical services.
  (b) Compliance With Standards for Commemorative Works.--The 
establishment of the commemorative work under this section shall be in 
accordance with chapter 89 of title 40, United States Code (commonly 
known as the ``Commemorative Works Act'').
  (c) Prohibition on the Use of Federal Funds.--
          (1) In general.--Federal funds may not be used to pay any 
        expense of the establishment of the commemorative work under 
        this section.
          (2) Responsibility of national emergency medical services 
        memorial foundation.--The National Emergency Medical Services 
        Memorial Foundation shall be solely responsible for acceptance 
        of contributions for, and payment of the expenses of, the 
        establishment of the commemorative work under this section.
  (d) Deposit of Excess Funds.--
          (1) In general.--If upon payment of all expenses for the 
        establishment of the memorial (including the maintenance and 
        preservation amount required by section 8906(b)(1) of title 40, 
        United States Code), there remains a balance of funds received 
        for the establishment of the commemorative work, the Foundation 
        shall transmit the amount of the balance to the Secretary of 
        the Interior for deposit in the account provided for in section 
        8906(b)(3) of title 40, United States Code.
          (2) On expiration of authority.--If upon expiration of the 
        authority for the commemorative work under section 8903(e) of 
        title 40, United States Code, there remains a balance of funds 
        received for the establishment of the commemorative work, the 
        Foundation shall transmit the amount of the balance to a 
        separate account with the National Park Foundation for 
        memorials, to be available to the Secretary of the Interior or 
        Administrator (as appropriate) following the process provided 
        in section 8906(b)(4) of title 40, United States Code, for 
        accounts established under 8906(b)(2) or (3) of title 40, 
        United States Code.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1037 is to authorize the National 
Emergency Medical Services Memorial Foundation to establish a 
commemorative work in the District of Columbia and its 
environs.

                  BACKGROUND AND NEED FOR LEGISLATION

    The men and women of the Emergency Medical Services (EMS) 
profession face daily risk and danger to help their neighbors 
in crisis and to save lives. EMS practitioners serve on the 
frontlines of medicine, safeguarding the health, safety, and 
well-being of the nation's communities. While their first-
responder peers in law enforcement and firefighting have been 
honored with national memorials, EMS providers have not.\1\
---------------------------------------------------------------------------
    \1\The National Law Enforcement Officers Memorial is located at 400 
E Street NW, Washington, DC. The National Fallen Firefighters Memorial 
is located on South Seton Ave, Emmitsburg, MD.
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    EMS providers are critical to the nation's safety. They 
respond to incidents ranging from a single person's medical 
emergency to natural and man-made disasters, including 
terrorist attacks. The EMS, along with those in law enforcement 
and firefighters, are a vital part of the country's homeland 
and national security efforts.
    Each year, 850,000 EMS providers answer more than 30 
million calls to serve 22 million patients in need of care at a 
moment's notice.\2\ According to data from the Department of 
Labor and the National Highway Safety Administration, Emergency 
Medical Technicians and paramedics have a rate of injury that 
is about three times the national average for all 
occupations.\3\
---------------------------------------------------------------------------
    \2\2011 National EMS Assessment. Federal Interagency Committee on 
Emergency Medical Services. US DOT, National Highway Safety 
Administration. https://www.ems.gov/pdf/research/Studies-and-Reports/
National_EMS_Assessment_2011.pdf
    \3\Maguire BJ, Smith S. Injuries and fatalities among emergency 
medical technicians and paramedics in the United States. Prehospital 
Disaster Medicine. 2013, Aug; 28 (4): 376-382.
---------------------------------------------------------------------------
    H.R. 1037 would authorize the National Emergency Medical 
Services Memorial Foundation, a 501(c)3 organization, to place 
a commemorative work on federal land in the District of 
Columbia to commemorate the commitment and service represented 
by the EMS community. The establishment of a commemorative work 
must comply with the Commemorative Works Act of 1986 (40 U.S.C. 
Sec. 8901 et seq.); no federal funds may be used to pay for the 
commemorative work, and the Foundation will be solely 
responsible for funding the project.
    On August 1, 2017, Senator Christopher A. Coons (D-DE) 
introduced a companion bill, S. 1692. The Senate Energy and 
Natural Resources Committee ordered S. 1692 favorably reported 
on March 8, 2018.

                            COMMITTEE ACTION

    H.R. 1037 was introduced on February 14, 2017, by 
Congressman Stephen F. Lynch (D-MA). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Federal Lands. On April 11, 2018, the 
Subcommittee held a hearing on the legislation. On April 18, 
2018, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an amendment designated 
#1; it was adopted by unanimous consent. No further amendments 
were offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives 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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 4, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1037, a bill to 
authorize the National Emergency Medical Services Memorial 
Foundation to establish a commemorative work in the District of 
Columbia and its environs, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 1037--A bill to authorize the National Emergency Medical Services 
        Memorial Foundation to establish a commemorative work in the 
        District of Columbia and its environs, and for other purposes

    H.R. 1037 would authorize the National Emergency Medical 
Services Memorial Foundation (a nonprofit organization) to 
establish a memorial in or near the District of Columbia to 
commemorate the commitment and service of first responders in 
medical emergencies.
    Because H.R. 1037 would prohibit the use of federal funds 
to establish the memorial, CBO estimates that implementing the 
bill would have no effect on spending subject to appropriation.
    The project would be subject to the requirements of the 
Commemorative Works Act. That act directs any entity that 
receives a permit to construct a memorial to donate to the 
National Park Foundation (a nonprofit organization whose 
subsequent donations to the National Park Service are recorded 
on the budget) an amount equal to 10 percent of the memorial's 
estimated construction costs. That donation and any project 
funds remaining after construction would be available for 
maintenance of the memorial without the need for 
appropriations.
    Based on the experience of similar commemorative projects, 
CBO expects that any amounts collected by the federal 
government for maintenance of the memorial would not be 
received for several years and would be offset by an 
expenditure soon thereafter. Thus, on net, CBO estimates that 
the effect on direct spending would be insignificant.
    Because enacting H.R. 1037 would affect direct spending, 
pay-as-you-go procedures apply. Enacting the bill would not 
affect revenues.
    CBO estimates that enacting H.R. 1037 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 1037 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On March 20, 2018, CBO transmitted a cost estimate for S. 
1692, the National Emergency Medical Services Commemorative 
Work Act, as ordered reported by the Senate Committee on Energy 
and Natural Resources on March 8, 2018. The two bills are 
similar, and CBO's estimates of their budgetary effects are the 
same.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the National Emergency 
Medical Services Memorial Foundation to establish a 
commemorative work in the District of Columbia and its 
environs.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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 would make no changes to existing 
law.