[House Report 111-612]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-612
HOUSE OF REPRESENTATIVES
2d Session Part 2
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SMITHSONIAN CONSERVATION BIOLOGY INSTITUTE ENHANCEMENT ACT
_______
September 20, 2010.--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. 5717]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 5717) to authorize the Board of
Regents of the Smithsonian Institution to plan, design, and
construct a facility and to enter into agreements relating to
education programs at the National Zoological Park facility in
Front Royal, Virginia, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smithsonian Conservation Biology
Institute Enhancement Act''.
SEC. 2. FACILITY FOR RESEARCH AND EDUCATIONAL PROGRAMS.
(a) In General.--The Board of Regents of the Smithsonian Institution
is authorized to plan, design, and construct a facility on National
Zoological Park property in Front Royal, Virginia for the purpose of
conducting research and educational programs.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a)--
(1) $1,000,000 for each of fiscal years 2010 and 2011; and
(2) $3,000,000 in the aggregate for all succeeding fiscal
years.
SEC. 3. AGREEMENTS FOR HOUSING AND OTHER SERVICES.
(a) In General.--The Board of Regents of the Smithsonian Institution
is authorized to enter into agreements for the provision of housing and
other services to the participants in the programs referenced in
section 2.
(b) Costs.--The housing and other services described in subsection
(a) shall be provided at no cost to the Smithsonian Institution.
SEC. 4. ANIMAL HOLDING FACILITY.
The Board of Regents of the Smithsonian Institution is authorized to
plan, design, and construct animal holding and related program
facilities on National Zoological Park property in Front Royal,
Virginia, to be funded from nonfederal sources.
PURPOSE OF THE LEGISLATION
H.R. 5717, as amended, the ``Smithsonian Conservation
Biology Institute Enhancement Act'', authorizes the Board of
Regents of the Smithsonian Institution to plan, design, and
construct a facility and to enter into agreements relating to
education programs at the National Zoological Park facility in
Front Royal, Virginia.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 5717, as amended, authorizes the renovation of and an
addition to an existing building to be used as an educational
facility at the Smithsonian Institution's National Zoological
Park (NZP) facility in Front Royal, Virginia. The bill also
authorizes third parties to construct and operate housing and
food service facilities on Smithsonian property that further
the educational and research program goals of the NZP. The
provision of the housing and food service facilities and their
operation are to be funded entirely from other sources, and the
bill expressly provides that these costs are not to be borne by
the Smithsonian Institution.
The NZP building to be renovated and expanded will consist
of approximately 25,400 gross square feet. It will consist of
classrooms, laboratories, offices, and support spaces. The
construction is planned to provide a code-compliant, LEED-
certified facility, using the entire existing structure, which
consists of 14,925 gross square feet. Reuse of existing
structures is a hallmark of sustainable design and construction
because it minimizes waste. The operation and maintenance costs
of the renovated and expanded existing facility are to be
covered by tuition payments from students attending the
educational facility.
SUMMARY OF THE LEGISLATION
Section 1. Short title
Section 1 provides that the Act may be referred to as the
``Smithsonian Conservation Biology Institute Enhancement Act''.
Sec. 2. Facility for research and educational programs
This section authorizes the Board of Regents of the
Smithsonian Institution to plan, design, and construct a
facility on National Zoological Park property in Front Royal,
Virginia, for the purpose of conducting research and
educational programs. This section also authorizes
appropriations of $1 million in each of fiscal years 2010 and
2011, and $3 million in aggregate for all succeeding fiscal
years.
Sec. 3. Agreements for housing and other services
This section authorizes the Board of Regents to enter into
agreements for the provision of housing and ``other services'',
which the Committee on Transportation and Infrastructure
understands to include food service, for program participants
identified in section 2. This authorization is intended to
enable the Smithsonian Institution, for the first time, to
enter into an agreement or agreements that will allow a third
party or parties to construct and own building improvements on
Smithsonian property. This type of agreement is typically
carried out through a long-term ground lease, and the Committee
understands that the Smithsonian Institution will use a ground
lease to carry out this section.
Sec. 4. Animal holding facility
This section provides authority to the Smithsonian to plan,
design, and construct animal holding and related program
facilities on the NZP property. No appropriations are
authorized for these facilities. The funding for these
facilities will come entirely from Smithsonian trust (i.e.,
non-Federal) sources. This section expressly provides that the
cost to plan, design, or construct these facilities will not to
be borne by the Federal Government.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
In the 111th Congress, on July 13, 2010, Representative
Xavier Becerra introduced H.R. 5717. On July 14, 2010, the
Committee on House Administration ordered the bill reported
favorably to the House by voice vote with a quorum present. On
July 29, 2010, the Committee on Transportation and
Infrastructure Committee met to consider H.R. 5717. The
Committee adopted by voice vote an amendment to the bill. The
Committee ordered the bill, as amended, 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. 5717 or in ordering the bill
reported. A motion to order H.R. 5717, 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 objectives of this legislation are to
authorize the Smithsonian Board of Regents to plan, design, and
construct a facility on National Zoological Park property in
Front Royal, Virginia, for the purpose of conducting research
and educational programs.
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. 5717
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 26, 2010.
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. 5717, the
Smithsonian Conservation Biology Institute Enhancement Act.
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 Douglas W. Elmendorf, Director).
Enclosure.
H.R. 5717--Smithsonian Conservation Biology Institute Enhancement Act
Summary: H.R. 5717 would authorize appropriations of $5
million for the Smithsonian Institution to plan, design, and
construct a research and education facility on the Front Royal,
Virginia, property of the National Zoological Park.
Enacting the legislation would not affect direct spending
or revenues; therefore, pay-as-you-go procedures would not
apply.
H.R. 5717 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 5717 is shown in the following table.
The costs of this legislation fall within budget function 500
(education, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------
2011-
2011 2012 2013 2014 2015 2015
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level....................... 2 3 0 0 0 5
Estimated Outlays................................... 1 1 1 1 1 5
----------------------------------------------------------------------------------------------------------------
Basis of estimate: H.R. 5717 would authorize appropriations
of $5 million to pay for a portion of the costs of the
planning, designing, and construction of a research and
educational facility at the National Zoo's property in Front
Royal, Virginia. For purposes of this estimate, CBO assumes
that $1 million in funding authorized for fiscal year 2010 will
be provided in fiscal year 2011, along with the amount
authorized for that year. Any additional costs for that
facility, as well as the costs related to an animal holding
facility (also located on that property) would be paid from
private donations to the Smithsonian Institution.
In addition, the bill would authorize the Smithsonian
Institution to enter into a ground lease for the provision of
housing and other services at the facility. Costs of that
project would be borne by the leaseholder and by the students
and scholars using the facility, rather than the Smithsonian
Institution. Although the Smithsonian Institution receives
considerable federal support, it is a federally chartered
nonprofit organization that also draws on significant private
donations for its operations. For those reasons, CBO estimates
that the special leasing arrangement would not result in the
purchase of the facility by the federal government, and,
therefore, would not provide direct spending authority.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: H.R. 5717
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Previous CBO estimate: On August 26, 2010, CBO transmitted
a cost estimate for H.R. 5717, the Smithsonian Conservation
Biology Institute Enhancement Act, as ordered reported by the
Committee on House Administration. The estimates are identical.
Estimate prepared by: Federal Costs: Christina Hawley
Anthony; Impact on State, Local, and Tribal Governments:
Elizabeth Cove Delisle; Impact on the Private Sector: Paige
Piper/Bach.
Estimate 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, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H.R.
5717 does not contain any earmarks, limited tax benefits, or
limited tariff benefits under clause 9(e), 9(f), or 9(g) of
rule XXI.
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. 5717, 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. 5717, as amended, makes no changes in existing law.