[House Report 110-545]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-545

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

 
  AUTHORIZING THE BOARD OF REGENTS OF THE SMITHSONIAN INSTITUTION TO 
   CONSTRUCT A GREENHOUSE FACILITY AT ITS MUSEUM SUPPORT FACILITY IN 
               SUITLAND, MARYLAND, AND FOR OTHER PURPOSES

                                _______
                                

 March 10, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union 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.R. 5492]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5492) to authorize the Board of 
Regents of the Smithsonian Institution to construct a 
greenhouse facility at its museum support facility in Suitland, 
Maryland, and for other purposes, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                       PURPOSE OF THE LEGISLATION

    H.R. 5492 authorizes the Board of Regents of the 
Smithsonian Institution to construct a greenhouse facility at 
its museum support facility in Suitland, Maryland, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Smithsonian Institution currently leases a 55,000-
square foot greenhouse complex on the campus of the Armed 
Forces Retirement Home (``AFRH'') in Washington, DC, for its 
horticultural operations. The complex includes 12 greenhouses, 
a small office for administrative and logistical functions, and 
a shade house. The Horticulture Services Division of the 
Smithsonian Institution provides horticultural services to the 
Smithsonian museums and units through planting for exhibits and 
special events, and through development and management of the 
Smithsonian's public gardens. The complex houses the 
Smithsonian Institution's world-class orchid collection and 
provides space to grow a wide variety of plant materials for 
exhibits, gardens, and special events that would be costly or 
impossible to obtain commercially.
    The AFRH is redeveloping the site that houses the 
Smithsonian Institution greenhouses. The Smithsonian 
Institution's lease expires on September 30, 2008, which 
creates a need for the Smithsonian Institution to find 
alternative space to house its horticultural operations. After 
considering outsourcing, leasing, and construction options, the 
Smithsonian Institution determined that the most cost-effective 
solution to maintain the orchid collection and provide needed 
plants for the Smithsonian museums and gardens is to construct 
a new facility to house its horticultural operations.
    H.R. 5492 authorizes $12 million to construct a new 
greenhouse facility at the Smithsonian Institution's Suitland, 
Maryland site. This project includes site preparation, a 
10,900-square foot head house, and 44,500-square foot 
greenhouse, along with outdoor growing and storage areas. To 
limit design requirements, expedite construction, and reduce 
costs, the Smithsonian Institution will use off-the-shelf 
prefabricated building kits to construct the polycarbonate 
plastic greenhouse.
    In FY 2008, Congress appropriated $2.8 million for this 
project in the ``Department of the Interior, Environment, and 
Related Agencies Appropriations Act, 2008''. In FY 2009, the 
President's budget requests $8.2 million for the project.

                       SUMMARY OF THE LEGISLATION

Section 1. Construction of greenhouse facility

    Section 1 authorizes the Board of Regents of the 
Smithsonian Institution to construct a greenhouse facility at 
its museum support facility in Suitland, Maryland, to maintain 
the horticultural operations of, and preserve the orchid 
collection held in trust by, the Smithsonian Institution.

Section 2. Authorization of appropriations

    Section 2 authorizes $12 million to be appropriated to 
carry out this Act.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On February 26, 2008, Representative Doris O. Matsui 
introduced H.R. 5492.
    On February 28, 2008, the Committee on Transportation and 
Infrastructure met in open session and ordered H.R. 5492 
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 ordering H.R. 
5492 reported. A motion to order H.R. 5492 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)(I) 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 
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 Board of Regents of the Smithsonian Institution 
to construct a greenhouse facility at its museum support 
facility in Suitland, Maryland, and for other purposes.
    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.R. 5492 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 3, 2008.
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.R. 5492, a bill to 
authorize the Board of Regents of the Smithsonian Institution 
to construct a greenhouse facility at its museum support 
facility in Suitland, Maryland, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Anthony.
            Sincerely,
                                         Robert A. Sunshine
                                      (For Peter Orszag, Director).
    Enclosure.

H.R. 5492--A bill to authorize the Board of Regents of the Smithsonian 
        Institution to construct a greenhouse facility at its museum 
        support facility in Suitland, Maryland, and for other purposes

    H.R. 5492 would authorize appropriations of $12 million for 
the construction of a greenhouse facility in Suitland, 
Maryland. The facility would be used by the Smithsonian 
Institution to assist in the maintenance and preservation of 
the orchid collection held in trust by the Institution. 
Assuming appropriation of the authorized amounts, CBO estimates 
that implementing H.R. 5492 would increase outlays by $12 
million over the 2009-2013 period. The bill would not affect 
direct spending or revenues.
    H.R. 5492 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 Christina Hawley 
Anthony. This estimate was approved by Keith Fontenot, Deputy 
Assistant Director for Health and Human Resources, Budget 
Analysis Division.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of 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.
    It is not clear if the definition of ``congressional 
earmark'' under clause 9(d) of rule XXI applies to H.R. 5492 
because the Smithsonian Institution has specifically requested 
authorization to construct the greenhouse facility in Suitland, 
Maryland. However, in the interests of full disclosure and 
transparency, the Committee has required the sponsors of the 
bill to comply with all requirements of clause 9(d), 9(e), or 
9(f) of rule XXI:

------------------------------------------------------------------------
             Project                    Amount              Request
------------------------------------------------------------------------
Authorize the Board of Regents    $12 million.......  Doris O. Matsui,
 of the Smithsonian Institution                        Xavier Becerra,
 to construct a greenhouse                             and Sam Johnson.
 facility at its museum support
 facility in Suitland, Maryland.
------------------------------------------------------------------------

                   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 (Public Law 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.R. 5492 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 (Public Law 
104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 5492 makes no changes in existing law.

                                  
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