[House Report 110-842]
[From the U.S. Government Publishing Office]



110th Congress                                            Rept. 110-842
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

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      SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION ACT OF 2008

                                _______
                                

 September 15, 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. 6627]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 6627) to authorize the Board of 
Regents of the Smithsonian Institution to carry out certain 
construction projects, 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. 6627, the ``Smithsonian Institution Facilities 
Authorization Act of 2008'', authorizes the Board of Regents of 
the Smithsonian Institution to design and construct laboratory 
space to accommodate the Mathias Laboratory at the Smithsonian 
Environmental Research Center in Edgewater, Maryland, and 
authorizes the Board of Regents to construct laboratory space 
to accommodate the terrestrial research program of the 
Smithsonian Tropical Research Institute in Gamboa, Panama.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Smithsonian Environmental Research Center (``SERC'') is 
a global leader in the study of ecosystems in the coastal zone. 
Founded on the site of an abandoned 1930s dairy farm in 
Edgewater, Maryland, the SERC facilities include a mosaic of 
farm buildings, the Mathias Laboratory, 10 temporary trailers, 
an administrative building, and a variety of lab support 
spaces. Nearly one-half of SERC's 146 employees and fellows 
conduct the majority of their work in trailers. The Board of 
Regents of the Smithsonian Institution requests authority to 
design and construct laboratory space to accommodate the 
Mathias Laboratory at SERC.
    The Smithsonian Tropical Research Institute (``STRI'') is 
the principal United States organization devoted to research in 
tropical biology. Tropical biology is critical to finding 
untapped resources to add to the important supply of food, 
pharmaceuticals, and fiber of tropical regions. STRI has 
outgrown the space available at its current facilities and this 
bill provides for construction of a new lab in Gamboa, Panama. 
The terrestrial research program is critical to understanding 
the role that tropical plants and soils play in global climate 
change models and for enriching knowledge of tropical 
biodiversity. The Board of Regents of the Smithsonian 
Institution requests authority to construct laboratory space to 
accommodate the terrestrial research program of STRI in Gamboa, 
Panama.

                       SUMMARY OF THE LEGISLATION

Section 1. Short title

    Section 1 denotes the short title of the bill as the 
``National Smithsonian Institution Facilities Authorization Act 
of 2008''.

Section 2. Laboratory and support space, Edgewater, Maryland

    Subsection (a) authorizes the Board of Regents of the 
Smithsonian Institution to design and construct laboratory 
space to accommodate the Mathias Laboratory at the Smithsonian 
Environmental Research Center (``SERC'') in Edgewater, 
Maryland.
    Subsection (b) authorizes to be appropriated to carry out 
this section for a total of $41,000,000 for fiscal years 2009 
through 2011.

Section 3. Laboratory space, Gamboa, Panama

    Subsection (a) authorizes the Board of Regents of the 
Smithsonian Institution to construct laboratory space to 
accommodate the terrestrial research program of the Smithsonian 
Tropical Research Institute in Gamboa, Panama.
    Subsection (b) authorizes appropriations to carry out this 
section for a total of $14,000,000 for fiscal years 2009 and 
2010.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On July 29, 2008, Chairman James L. Oberstar introduced 
H.R. 6627, the ``Smithsonian Institution Facilities 
Authorization Act of 2008''.
    On July 31, 2008, the Committee on Transportation and 
Infrastructure met in open session and ordered H.R. 6627 
reported favorably to the House by voice vote with a quorum 
present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the Rules 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 consideration of H.R. 6627 or ordering the bill reported. 
A motion to order H.R. 6627 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)(1) 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 design and construction of two Smithsonian 
facilities.
    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. 6627 
from the Director of the Congressional Budget Office:

                                      U.S. Congress
                                Congressional Budget Office
                                   Washington, DC, August 25, 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. 6627, the 
Smithsonian Institution Facilities Authorization Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Anthony.
            Sincerely,
                                          Peter H. Fontaine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 6627--Smithsonian Institution Facilities Authorization Act of 2008

    H.R. 6627 would authorize the appropriation of $41 million 
for laboratory and support space at the Smithsonian 
Environmental Research Center in Edgewater, Maryland, and $14 
million for laboratory space at the Smithsonian Tropical 
Research Institute in Gamboa, Panama. Assuming appropriation of 
the authorized amounts, CBO estimates that implementing H.R. 
6627 would cost $55 million over the 2009-2013 period. Enacting 
the bill would not affect direct spending or receipts.
    H.R. 6627 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.
    On August 25, 2008, CBO transmitted an identical cost 
estimate for H.R. 6627 as ordered reported by the Committee on 
House Administration on July 30, 2008.
    The CBO staff contact for this estimate is Christina Hawley 
Anthony. This estimate was approved by Peter H. Fontaine, 
Assistant Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, H.R. 6627 does not contain any 
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.

                   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. 6627 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. 6627 makes no changes in existing law.

                                  
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