[House Report 111-246]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-246

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 TO AUTHORIZE THE ADMINISTRATOR OF GENERAL SERVICES TO CONVEY A PARCEL 
   OF REAL PROPERTY IN GALVESTON, TEXAS, TO THE GALVESTON HISTORICAL 
                               FOUNDATION

                                _______
                                

 September 8, 2009.--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. 2121]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2121) to provide for the transfer 
of certain Federal property to the Galveston Historical 
Foundation, having considered the same, report favorably 
thereon with amendments and recommend that the bill as amended 
do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. CONVEYANCE OF REAL PROPERTY IN GALVESTON, TEXAS, TO 
                    GALVESTON HISTORICAL FOUNDATION.

  (a) Conveyance.--Not later than 90 days after the date of enactment 
of this Act, the Administrator of General Services shall offer to 
convey, by quitclaim deed, to the Galveston Historical Foundation all 
right, title, and interest of the United States in and to the parcel of 
real property located at 502 20th Street in Galveston, Texas, including 
the improvements thereon.
  (b) Consideration.--As consideration for conveyance of the parcel 
under subsection (a), the Administrator shall require the Galveston 
Historical Foundation to pay to the Administrator the fair market value 
of the parcel, as determined based on an appraisal that is acceptable 
to the Administrator.
  (c) Costs of Conveyance.--The Galveston Historical Foundation shall 
be responsible for the costs of an appraisal conducted under subsection 
(b) and for all other costs related to the conveyance.
  (d) Proceeds.--
          (1) Deposit.--Any proceeds received under subsection (b) 
        shall be paid into the Federal Buildings Fund established under 
        section 592 of title 40, United States Code.
          (2) Expenditure.--Amounts paid into the Federal Buildings 
        Fund under paragraph (1) shall be available to the 
        Administrator, in amounts specified in appropriations Acts, for 
        expenditure for any lawful purpose consistent with existing 
        authorities granted to the Administrator, except that the 
        Administrator shall provide to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate 30 days 
        advance written notice of any expenditure of the proceeds.
  (e) Additional Terms and Conditions.--The Administrator may require 
that any conveyance under subsection (a) be subject to such additional 
terms and conditions as the Administrator considers appropriate to 
protect the interests of the United States.

  Amend the title so as to read:

      A bill to authorize the Administrator of General Services 
to convey a parcel of real property in Galveston, Texas, to the 
Galveston Historical Foundation.

                       PURPOSE OF THE LEGISLATION

    H.R. 2121, as amended, authorizes the Administrator of 
General Services, no later than 90 days after the date of 
enactment of the bill, to convey, by quitclaim deed, a parcel 
of real property located at 502 20th Street in Galveston, 
Texas, to the Galveston Historical Foundation, subject to 
certain requirements.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2121, as amended, authorizes the Administrator of 
General Services, no later than 90 days after the date of 
enactment of the bill, to convey, by quitclaim deed, a parcel 
of real property located at 502 20th Street in Galveston, 
Texas, to the Galveston Historical Foundation, subject to 
certain requirements. All proceeds derived from the sale of the 
parcel of real property located at 502 20th Street in 
Galveston, Texas, is required to be deposited in the Federal 
Building Fund.
    The parcel of real property located at 502 20th Street is 
the 1861 U.S. Custom House. It is one of the oldest buildings 
in Galveston, Texas, and was added to the National Register of 
Historic Places in 1970. The Galveston Historical Foundation 
was incorporated in 1954, and has since cultivated its work to 
cover community redevelopment, public education, historic 
preservation advocacy, maritime preservation, and stewardship 
of historic properties on Galveston Island. To date, the 
Galveston Historical Foundation has more than 2,000 members and 
has twice been awarded the National Trust for Historic 
Preservation's Honor Award.
    In 1998, the General Services Administration and the 
Galveston Historical Foundation entered into a long-term lease 
agreement with respect to the 1861 U.S. Custom House. In 
exchange for the Galveston Historical Society rehabilitating 
the historical building, it was granted a long-term lease. This 
bill allows the Galveston Historical Society to purchase the 
building outright.

                       SUMMARY OF THE LEGISLATION

Section 1. Conveyance of Real Property in Galveston, Texas, to 
        Galveston Historical Foundation

    Subsection(a) states that, no later than 90 days after 
enactment of this Act, the Administrator of General Services 
shall offer to convey, by quitclaim deed, to the Galveston 
Historical Foundation, all right, title, and interest of the 
United States in and to the parcel of real property located at 
502 20th Street in Galveston, Texas, including any 
improvements.
    Subsection (b) states that the Administrator shall require 
the Galveston Historical Foundation to pay the fair market 
value of the parcel, as determined based on an appraisal that 
is acceptable to the Administrator.
    Subsection (c) states that the Galveston Historical 
Foundation shall be responsible for the costs of an appraisal, 
and for all other costs related to the conveyance.
    Subsection (d) states that the proceeds from the sale of 
the real property shall be paid into the Federal Buildings 
Fund, and that those funds shall be available to the 
Administrator for expenditures consistent with existing 
authorities. The Administrator is also required to provide its 
authorizing committees with 30 days advance written notice of 
any expenditure of the proceeds.
    Subsection (e) states that the Administrator has the 
authority to require such additional terms and conditions to 
the conveyance as the Administrator considers appropriate to 
protect the interests of the United States.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    In the 110th Congress, on July 8, 2008, Representative Ron 
Paul introduced H.R. 6440. The bill was referred to the 
Committee on Transportation and Infrastructure. No further 
action was taken.
    In the 111th Congress, Representative Ron Paul introduced 
H.R. 2121 on April 27, 2009. On July 30, 2009, the Committee on 
Transportation and Infrastructure met in open session and 
considered H.R. 2121. The Committee adopted an amendment in the 
nature of a substitute to the bill by voice vote with a quorum 
present. The Committee on Transportation and Infrastructure 
ordered H.R. 2121, as amended, 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 consideration 
of H.R. 2121 or ordering the bill, as amended, reported. A 
motion to order H.R. 2121, as amended, 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 
section 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 objective of this legislation are to 
authorize the Administrator of General Services to convey a 
parcel of property to the Galveston Historical Foundation.
    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. 
2121, as amended, from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, August 5, 2009.
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. 2121, a bill to 
authorize the Administrator of General Services to convey a 
parcel of real property in Galveston, Texas, to the Galveston 
Historical Foundation.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 2121--A bill to authorize the Administrator of General Services to 
        convey a parcel of real property in Galveston, Texas, to the 
        Galveston Historical Foundation

    The bill would direct the General Services Administration 
(GSA) to sell, for fair market value, the 1861 U.S. Custom 
House located in Galveston, Texas, to the Galveston Historical 
Foundation. Proceeds from the sale would be deposited in the 
Federal Buildings Fund and would be available to GSA, subject 
to future appropriation.
    Based on information from GSA, CBO estimates that the 
conveyance would not have a significant net impact on the 
federal budget. According to the agency, it receives about 
$1,200 per year under a lease to the foundation. By selling the 
property, the government would lose those receipts, We estimate 
that proceeds from the sale of the property would increase 
offsetting receipts (a credit against direct spending) by less 
than $500,000 in 2010.
    H.R. 2121 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 Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
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. 2121, as amended, 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 (P.L. 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. 2121, as amended, 
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 (P.L. 104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 2121, as amended, makes no changes in existing law.

                                  
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