[House Report 114-568]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {     114-568

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



 
AMENDING CERTAIN APPROPRIATION ACTS TO REPEAL THE REQUIREMENT DIRECTING 
  THE ADMINISTRATOR OF GENERAL SERVICES TO SELL FEDERAL PROPERTY AND 
 ASSETS THAT SUPPORT THE OPERATIONS OF THE PLUM ISLAND ANIMAL DISEASE 
        CENTER IN PLUM ISLAND, NEW YORK, AND FOR OTHER PURPOSES

                                _______
                                

  May 16, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1887]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 1887) to amend certain appropriation Acts to 
repeal the requirement directing the Administrator of General 
Services to sell Federal property and assets that support the 
operations of the Plum Island Animal Disease Center in Plum 
Island, New York, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Statement of General Performance Goals and Objectives............     5
Duplicative Federal Programs.....................................     5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     5
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     6
Disclosure of Directed Rule Makings..............................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Section-by-Section Analysis of the Legislation...................     6
Changes in Existing Law Made by the Bill, as Reported............     7

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. FINDINGS.

  Congress finds the following:
          (1) The Federal Government has owned Plum Island, New York, 
        since 1899.
          (2) Since 1954, the Plum Island Animal Disease Center has 
        conducted unrivaled scientific research on a variety of 
        infectious animal-borne diseases, including foot-and-mouth 
        disease, resulting, most recently, in the development of a new 
        cell line that rapidly and reliably detects this highly 
        debilitating disease of livestock.
          (3) Over 62 years, the Center has had a strong, proven record 
        of safety.
          (4) $23,200,000 in Federal dollars have been spent on 
        upgrades to, and the maintenance of, the Center since January 
        2012.
          (5) In addition to the Center, Plum Island contains cultural, 
        historical, ecological, and natural resources of regional and 
        national significance.
          (6) Plum Island is situated where the Long Island Sound and 
        Peconic Bay meet, both of which are estuaries that are part of 
        the National Estuary Program and are environmentally and 
        economically significant to the region.
          (7) The Federal Government has invested hundreds of millions 
        of Federal dollars over the last two decades to make long-term 
        improvements with respect to the conservation and management 
        needs of Long Island Sound and Peconic Bay.
          (8) The Department of Homeland Security has undertaken a 
        study to consider alternatives for the final disposition of 
        Plum Island, including an analysis of--
                  (A) conservation of the island's resources;
                  (B) any remediation responsibilities;
                  (C) the need for any legislative changes;
                  (D) cost; and
                  (E) any revenues from the alternatives.

SEC. 2. REPORT REQUIRED ON STUDY BY DEPARTMENT OF HOMELAND SECURITY ON 
                    CLEAN UP AND ALTERNATIVE USES OF PLUM ISLAND.

  (a) Assessment by Comptroller General.--
          (1) Assessment required.--The Comptroller General of the 
        United States shall conduct an assessment of the study by the 
        Department of Homeland Security on the options for the 
        disposition of Plum Island referred to in section 1(8). Such 
        assessment shall include a determination of whether the 
        methodologies used by the Department in conducting such study 
        adequately support the Department's findings with respect to 
        the following:
                  (A) The possible alternative uses for Plum Island, 
                including the transfer of ownership to another Federal 
                agency, a State or local government, a nonprofit 
                organization, or a combination thereof for the purpose 
                of education, research, or conservation.
                  (B) The possible issues and implications, if any, of 
                pursuing such alternative uses for Plum Island.
                  (C) The potential cost to be incurred for expenses 
                related to the transition, cleanup, and hazard 
                mitigation of Plum Island by a recipient of such 
                property.
          (2) Report required.--Not later than 180 days after the date 
        on which the Department of Homeland Security completes the 
        study referred to in section 1(8), the Comptroller General of 
        the United States shall submit to Congress a report containing 
        the following:
                  (A) The results of the assessment described under 
                paragraph (1).
                  (B) A description of the Secretary of Homeland 
                Security's coordination with the Administrator of 
                General Services, the Secretary of the Interior, and 
                the Administrator of the Environmental Protection 
                Agency in conducting the Department of Homeland 
                Security study referred to in section 1(8).
  (b) Study by Comptroller General.--
          (1) Study required.--If the Comptroller General of the United 
        States determines that the methodologies referred to in 
        subsection (a)(1) do not adequately support the Department of 
        Homeland Security's findings related to an issue described in 
        subparagraphs (A) through (C) of such subsection, the 
        Comptroller General shall conduct a study on any such issue.
          (2) Report required.--If the Comptroller General of the 
        United States conducts a study under paragraph (1), not later 
        than one year after the date on which the Department of 
        Homeland Security completes the study referred to in section 
        1(8), the Comptroller General shall submit to Congress a report 
        containing the results of the study conducted under paragraph 
        (1).

SEC. 3. SUSPENSION OF ACTION.

  No action may be taken to carry out section 538 of title V of 
division D of the Consolidated Appropriations Act, 2012 (Public Law 
112-74; 125 Stat. 976) until at least 180 days after the reports 
required by subsection (a)(2) of section 2 and, if applicable, 
subsection (b)(2) of such section have been submitted to Congress.

                          Purpose and Summary

    H.R. 1887 requires the General Accountability Office (GAO) 
to assess the U.S. Department of Homeland Security's (DHS) 
study on options for the disposition of Plum Island. GAO must 
assess whether the methodologies used by DHS adequately support 
the study's findings. GAO's report would include an assessment 
of the methodologies used and describe DHS' coordination with 
the General Services Administration, the Department of the 
Interior, and the Environmental Protection Agency on the study. 
GAO would be required to report to Congress six months after 
DHS completes its study. If GAO finds that the possible 
alternative uses for Plum Island, the possible issues and 
implications of pursuing such alternatives, and the potential 
costs of transition, cleanup, and hazard mitigation of Plum 
Island are not supported by the DHS report, GAO is required to 
conduct its own study on those issues. The bill suspends 
Appropriations language from the 2012 Consolidated 
Appropriations Act requiring the sale of Plum Island until six 
months after all GAO reports are received by Congress.

                  Background and Need for Legislation

    Since 1954, the DHS Science and Technology Directorate's 
Plum Island Animal Disease Center (PIADC) has served as form of 
defense against accidental or intentional introduction of 
transboundary animal diseases (a.k.a. foreign animal diseases) 
including foot-and-mouth disease (FMD). The lab and its staff 
of nearly 400 employees provide preparedness and response 
capabilities, including vaccine research and development, 
diagnostics, training, and bioforensics.
    In 2005, DHS announced that PIADC would be moved to a new 
Federal facility in Kansas. The FY2012 Consolidated 
Appropriations Act (Pub. L. 112-74) required DHS to sell Plum 
Island. The traditional interagency consultation process 
regarding the disposal of Federal property was bypassed, 
putting the potential sale of this island on the fast track 
without consulting the local community or other federal 
agencies. Locally, the Town of Southold in New York has passed 
ordinances preventing any private development of Plum Island.
    H.R. 1887 suspends the requirement to sell Plum Island 
until a thorough review of the analysis of alternatives is 
conducted by DHS and GAO.

                                Hearings

    No hearings were held on H.R. 1887 in the 114th Congress.

                        Committee Consideration

    The Committee met on April 28, 2016, to consider H.R. 1887, 
and ordered the measure to be reported to the House with a 
favorable recommendation, as amended, by unanimous consent. The 
Committee took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mr. 
Donovan (#1); was AGREED TO by unanimous consent.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 1887.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1887 would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 13, 2016.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1887, a bill to 
amend certain appropriation acts to repeal the requirement 
directing the Administrator of General Services to sell federal 
property and assets that support the operations of the Plum 
Island Animal Disease Center in Plum Island, New York, and for 
other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 1887--A bill to amend certain appropriation acts to repeal the 
        requirement directing the Administrator of General Services to 
        sell federal property and assets that support the operations of 
        the Plum Island Animal Disease Center in Plum Island, New York, 
        and for other purposes

    H.R. 1887 would require the Government Accountability 
Office (GAO) to prepare a report on options for the disposition 
of the Plum Island Animal Disease Center, which is operated by 
the Department of Homeland Security. The bill also would direct 
the General Services Administration (GSA) to cease its attempts 
to sell the Plum Island property until after GAO has submitted 
its report to the Congress.
    Based on the costs of similar reports, CBO estimates that 
it would cost less than $500,000 over the 2016-2017 period for 
GAO to prepare the report required by H.R. 1887; such spending 
would be subject to the availability of appropriated funds. 
Based on information from GSA, we estimate that enacting the 
bill would not affect the timing of a potential sale of Plum 
Island.
    Pay-as-you-go procedures do not apply because enacting the 
bill would not affect direct spending or revenues. CBO 
estimates that enacting H.R. 1887 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 1887 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 contacts for this estimate are Matthew 
Pickford (for GAO and GSA costs) and Mark Grabowicz (for 
Department of Homeland Security). The estimate was approved by 
H. Samuel Papenfuss, Deputy Assistant Director for Budget 
Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 1887 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized.
    This legislation provides for the Government Accountability 
Office to assess the DHS study on the options for the 
disposition for Plum Island Animal Disease Center and provide a 
report to Congress.

                      Duplicative Federal Programs

    Pursuant to clause 3(c) of rule XIII, the Committee finds 
that H.R. 1887 does not contain any provision that establishes 
or reauthorizes a program known to be duplicative of another 
Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the rule 
XXI.

                       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.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring 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 finds that H.R. 1887 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 1887 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to 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.

             Section-by-Section Analysis of the Legislation


Section 1.   Findings.

    This section includes findings relating to Plum Island.

Sec. 2.   Report Required on Study by Department of Homeland Security 
        on Clean Up and Alternative Uses of Plum Island.

    This section requires the Government Accountability Office 
(GAO) to conduct an assessment of the Department of Homeland 
Security's (DHS) study on the options for the disposition of 
Plum Island. GAO is required to determine whether the 
methodologies employed for the study adequately support the 
Department's findings with regard to: the possible alternative 
uses for Plum Island, including the transfer of ownership to 
another Federal agency, a State or local government, a non-
profit organization, or a combination thereof for the purpose 
of education, research, or conservation; the possible issues 
and implications, if any, of pursuing such alternative uses for 
Plum Island; and the potential cost to be incurred for expenses 
related to the transition, cleanup, and hazard mitigation of 
Plum Island by a recipient of such property.
    This section also requires GAO, to the extent it determines 
the methodologies in the DHS study do not adequately support 
findings, to conduct a study on such issues.
    The GAO is required to report to Congress within six months 
on the results of the assessment and a description of the 
Secretary of Homeland Security's coordination with the 
Administrator of General Services, the Secretary of the 
Interior, and the Administrator of the Environmental Protection 
Agency in conducting the study.
    The GAO is required to report to Congress within one year 
on any study it undertakes to address findings not adequately 
supported.

Sec. 3.   Suspension of Action.

    This section suspends any action on section 538 of title V 
of division D of the Consolidated Appropriations Act, 2012 
(Pub. L. 112-74; 125 Stat. 976) until at least 180 days after 
any reports required by this bill have been submitted to 
Congress.

         Changes in Existing Law Made by the Bill, as Reported

    As reported, H.R. 1887 makes no changes to exisiting law.

                                  [all]