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[Senate Report 109-247]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 409
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-247

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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 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 
Resourcesordered 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 authorities 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 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
          [(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;]
          [(5)] (4) for the dissemination of information 
        regarding the National Law Enforcement Officers 
        Memorial to the general public[;].
          [(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.
    (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.

                                  
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