49–010 

Calendar No. 409 

109TH CONGRESS REPORT " ! SENATE 2d Session 109–247 

NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL 

MAINTENANCE FUND ACT OF 2005 

APRIL 20, 2006.—Ordered to be printed 

Filed under authority of the order of the Senate of April 7, 2006 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 2107] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (H.R. 2107) to amend Public Law 104–329 to modify authorities for the use of the National Law Enforcement Officers Memorial Maintenance Fund, and for other purposes, having 

considered the same, reports favorably thereon without amendment 

and recommends that the Act do pass. 

PURPOSE OF THE MEASURE

The purpose of H.R. 2107 is to amend the Commemorative Coin 

Act of 1996 to modify authorities for the use of the National Law 

Enforcement Officers Memorial Maintenance Fund, and for other 

purposes. 

BACKGROUND AND NEED

In 1984, Congress authorized the National Law Enforcement Officers Memorial Fund, Inc., a non-profit corporation (Corporation), 

to establish the National Law Enforcement Officers Memorial to 

honor law enforcement officers who have died in the line of duty. 

In 1996, Congress created a maintenance fund for the memorial 

through the Commemorative Coin Act. The maintenance fund is to 

be used to maintain the Memorial, fund the addition of new names 

to the Memorial, and provide security for the memorial site. The 


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Fund is managed by the Secretary of the Interior through the National Park Service. 

H.R. 2107 streamlines the maintenance operation of the memorial by directing the Secretary of the Interior, through the National 

Park Service to enter into a cooperative agreement with the Corporation to maintain the memorial. H.R. 2107 would also transfer 

all funds within the Maintenance Fund to the Corporation. 

LEGISLATIVE HISTORY

H.R. 2107 was introduced by Representative Saxton on May 4, 

2005. H.R. 2107 passed the House of Representatives by a vote of 

392–0 on May 16, 2005. The Subcommittee on National Parks of 

the Committee on Energy and Natural Resources held a hearing on 

H.R. 2107 on November 15, 2005. At the business meeting on 

March 8, 2006, the Committee on Energy and Natural Resources 

ordered H.R. 2107 favorably reported, without amendment, by a 

unanimous voice vote. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on March 8, 2006, by unanimous voice vote of a 

quorum present, recommends that the Senate pass H.R. 2107. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested but was not received at the time the 

report was filed. When the report is available, the Chairman will 

request it to be printed in the Congressional Record for the advice 

of the Senate. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

H.R. 2107. The Act is not a regulatory measure in the sense of imposing Government-established standards or significant economic 

responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of H.R. 2107, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The views of the Administration on H.R. 2107 were included in 

testimony received by the Committee at a hearing on the bill on 

November 15, 2005. This testimony follows: 

STATEMENT OF DON MURPHY, DEPUTY DIRECTOR, 

NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to appear before you today to 

present the Department of the Interior’s views on H.R. 

2107, a bill to amend Public Law 104–329 to modify auVerDate Aug 31 2005 21:16 Apr 25, 2006 Jkt 049010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6969 E:\HR\OC\SR247.XXX SR247

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thorities for the use of the National Law Enforcement Officers Memorial Maintenance Fund. The Department supports enactment of this legislation. 

H.R. 2107 would amend Section 201 of Public Law 104– 329, dated October 20, 1996. It would authorize the Secretary of the Interior to enter into a cooperative agreement 

with the Law Enforcement Officers Memorial Fund, Inc., 

a nonprofit corporation, to maintain and repair the National Law Enforcement Officers Memorial in Washington, 

D.C., to periodically add names of officers who have died 

in the line of duty to the memorial, to provide security for 

the memorial site, and to disseminate information regarding the memorial to the general public. It also would 

transfer all amounts in the National Law Enforcement Officers Memorial Maintenance Fund (Maintenance Fund) to 

the corporation. 

Public Law 98–534 authorized the National Law Enforcement Officers Memorial Fund, Inc. to establish the 

National Law Enforcement Officers Memorial. The memorial recognizes the sacrifice of law enforcement officers and 

their families in preserving public safety and was dedicated on October 15, 2001. Section 201 of the Commemorative Coin Act of 1996 (Act) established the Maintenance 

Fund, a revolving fund to be administered by the Secretary 

of the Interior, to deposit the surcharges from the sale of 

500,000 commemorative silver dollars. Approximately 

$1.428 million was raised from the sale of these coins. 

These funds were to be used for adding names to the memorial wall, educating the public via the dissemination of 

information about the memorial and law enforcement, 

maintaining and repairing the memorial, and other memorial programs developed by the National Law Enforcement 

Officers Memorial Fund, Inc. 

The administration of the Maintenance Fund and other 

provisions of the Act were appropriate for the management 

of the memorial at the time the Maintenance Fund was established. However, with the completion of the memorial 

and the delineation of responsibilities for memorial programs that have occurred between the National Law Enforcement Officers Memorial Fund, Inc. and the National 

Park Service over the years, it is appropriate to transfer 

the authority from the Secretary of the Interior to the National Law Enforcement Officers Memorial Fund, Inc. to 

manage the Maintenance Fund. This organization is one of 

the most valued partners the National Park Service works 

with today. 

Mr. Chairman, that concludes my remarks. I would be 

pleased to answer any questions you or other members of 

the Subcommittee may have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by H.R. 2107, 

as ordered reported, are shown as follows (existing law proposed to 

be omitted is enclosed in black brackets, new matter is printed in 


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italic, existing law in which no change is proposed is shown in 

roman): 

PUBLIC LAW 104–329 

104TH CONGRESS

AN ACT To establish United States commemorative coin programs, and for other 

purposes 

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, 

* * * * * * * 

TITLE II—NATIONAL LAW ENFORCEMENT 

OFFICERS MEMORIAL MAINTENANCE FUND 

SEC. 201. NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL MAINTENANCE FUND. 

* * * * * * * 

(b) PURPOSES.—The Fund shall be used— (1) for the maintenance and repair of the National Law Enforcement Officers Memorial in Washington, D.C.; 

(2) to periodically add the names of law enforcement officers 

who have died in the line of duty to the National Law Enforcement Officers Memorial; 

(3) for the security of the National Law Enforcement Officers 

Memorial site, including the posting of National Park Service 

rangers and United States Park Police, as appropriate; and 

ø(4) at the discretion of the Secretary of the Interior and in 

consultation with the Secretary and the Attorney General of 

the United States, who shall establish an equitable procedure 

between the Fund and such other organizations as may be appropriate, to provide educational scholarships to the immediate 

family members of law enforcement officers killed in the line 

of duty whose names appear on the National Law Enforcement 

Officers Memorial, the total annual amount of such scholarships not to exceed 10 percent of the annual income of the 

Fund;¿ 

ø(5)¿ (4) for the dissemination of information regarding the 

National Law Enforcement Officers Memorial to the general 

publicø;¿. 

ø(6) to administer the Fund, including contracting for necessary services, in an amount not to exceed the lesser of—

(A) 10 percent of the annual income of the Fund; or 

(B) $200,000 during any 1-year period; and 

(7) at the discretion of the Secretary of the Interior, in consultation with the Fund, for appropriate purposes in the event 

of an emergency affecting the operation of the National Law 

Enforcement Officers Memorial, except that, during any 1-year 

period, not more than $200,000 of the principal of the Fund 

may be used to carry out this paragraph.¿ 

(c) BUDGET AND AUDIT TREATMENT.—The Fund shall be subject 

to the budget and audit provisions of chapter 91 of title 31, United 

States Code. 


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(d) COOPERATIVE AGREEMENT.— (1) IN GENERAL.—Effective on and after the date of the enactment of the National Law Enforcement Memorial Maintenance 

Fund Act of 2005, the following applies, notwithstanding other 

provisions of this Act: 

(A) The Secretary of the Interior, acting through the National Park Service, shall enter into a cooperative agreement with the National Law Enforcement Officers Memorial Fund, Inc., a nonprofit corporation incorporated under 

the laws of the District of Columbia, to carry out the purposes of the Fund as described in subsection (b). 

(B) In accordance with the terms of such agreement, the 

Secretary shall transfer all amounts in the Fund to the 

Corporation. 

(2) DEFINITIONS.—For purposes of this subsection— 

(A) the term ‘‘Corporation’’ means the National Law Enforcement Officers Memorial Fund, Inc; and 

(B) the term ‘‘Secretary’’ means the Secretary of the Interior. 

Æ 


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