[House Report 114-626]
[From the U.S. Government Publishing Office]


114th Congress    }                                      {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {     114-626

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   AMENDING TITLE 40, UNITED STATES CODE, TO INCLUDE AS PART OF THE 
BUILDINGS AND GROUNDS OF THE NATIONAL GALLERY OF ART ANY BUILDINGS AND 
OTHER AREAS WITHIN THE BOUNDARIES OF ANY REAL ESTATE OR OTHER PROPERTY 
           INTERESTS ACQUIRED BY THE NATIONAL GALLERY OF ART

                                _______
                                

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

                                _______
                                

 Mrs. Miller of Michigan, from the Committee on House Administration, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5160]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 5160) to amend title 40, United States Code, to 
include as part of the buildings and grounds of the National 
Gallery of Art any buildings and other areas within the 
boundaries of any real estate or other property interests 
acquired by the National Gallery of Art, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                Purpose

    The legislation expands the geographic boundaries to 
include as part of the buildings and grounds of the National 
Gallery of Art (NGA) any buildings and other areas within the 
boundaries of any real estate or other property interests 
acquired by the National Gallery of Art. This expansion will 
provide the National Gallery of Art policing authority to 
include any buildings and other areas within the boundaries of 
any real estate or other property interests now held or 
acquired by the NGA.

                  Background and Need for Legislation

    The NGA Board of Trustees is authorized to designate 
employees to police their buildings and grounds. Existing 
statute defines the boundaries of the NGA's buildings and 
grounds as the East and West Buildings and the Sculpture 
Garden.
    The NGA is now responsible for space beyond the currently 
defined boundaries. In 2014, the NGA acquired the Corcoran 
Gallery of Art collection which will be displayed in the 
Corcoran's former building on 17th Street NW after renovations 
are complete, and the Mellon Fountain, a small park across from 
the West Building between Constitution Avenue and Pennsylvania 
Avenue. In addition, the NGA leases office space at 601 
Pennsylvania Avenue NW and warehouse storage in Landover, MD.
    To protect their property and the visiting public, the NGA 
requires this boundary expansion to include any other buildings 
and spaces that it acquires, including temporary space. The 
language mirrors the authority already provided in the same 
statute to the Smithsonian police force.

                               Conclusion

    H.R. 5160 is critical to protect valuable artifacts of the 
United States as well as the safety and security of all those 
who visit the National Gallery of Art.

                       Introduction and Referral

    On April 29, 2016, Chairman Candice Miller introduced H.R. 
5160, which was referred to the Committee on House 
Administration.

                                Hearings

    There were no legislative hearings held on H.R. 5160.

                        Committee Consideration

    On May 17, 2016, the Committee on House Administration met 
to consider H.R. 5160. The Committee ordered the bill reported 
favorably to the House without amendment by voice vote with a 
quorum present.

                         Committee Record Votes

    In compliance with House Rule XIII, clause 3(b), requiring 
the results of each record vote on an amendment or motion to 
report, together with the names of those voting for and 
against, to be printed in the Committee report, the Committee 
states that there were no record votes during the Committee's 
consideration of H.R. 5160.

            Committee Oversight Findings and Recommendations

    In compliance with House Rule XIII, clause 3(c)(1), the 
Committee states that the findings and recommendations of the 
Committee, based on oversight activities under House Rule X, 
clause 2(b)(1), are incorporated into the general discussion 
section of this report.

            Statement of Budget Authority and Related Items

    The bill does not provide new budget authority, new 
spending authority, new credit authority, or an increase or 
decrease in revenues or tax expenditures and a statement under 
House Rule XIII, clause 3(c)(2), and section 308(a)(1) of the 
Congressional Budget Act of 1974 is not required.

               Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, H.R. 5160 does not provide any new 
spending or savings.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 2016.
Hon. Candice Miller,
Chairman, Committee on House Administration,
House of Representatives, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5160, a bill to 
amend title 40, United States Code, to include as part of the 
buildings and grounds of the National Gallery of Art any 
buildings and other areas within the boundaries of any real 
estate or other property interests acquired by the National 
Gallery of Art.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Christina 
Hawley Anthony.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 5160--A bill to amend title 40, United States Code, to include as 
        part of the buildings and grounds of the National Gallery of 
        Art any buildings and other areas within the boundaries of any 
        real estate or other property interests acquired by the 
        National Gallery of Art

    H.R. 5160 would expand the definition of what is considered 
the property of the National Gallery of Art. That expansion 
would permit the National Gallery to employ armed guards in 
certain circumstances where they may not currently do so. Under 
current law, guards employed by the National Gallery of Art at 
certain properties may not carry weapons.
    CBO estimates that implementing the legislation would have 
no significant effect on the federal budget. Because H.R. 5160 
would not affect direct spending or revenues, pay-as-you-go 
procedures do not apply. CBO estimates that enacting H.R. 5160 
would not increase net direct spending or on-budget deficits in 
any of the four consecutive 10-year periods beginning in 2027.
    H.R. 5160 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 and Matthew Pickford. This estimate was approved by 
Theresa Gullo, Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    In compliance with House Rule XIII, clause 3(c)(4), the 
Committee states that the general discussion section of this 
report includes a statement of the general performance goals 
and objectives, including outcome-related goals and objectives.

                    Duplication of Federal Programs

    In compliance with Sec. 3(g)(2) of H. Res. 5 (114th 
Congress), the Committee states that no provision of the bill 
establishes or reauthorizes: (1) a program of the Federal 
Government known to be duplicative of another Federal program; 
(2) a program included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139; or (3) a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance, published pursuant to the Federal Program 
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No. 
98-169).

                  Disclosure of Directed Rule Makings

    In compliance with Sec. 3(i) of H. Res. 5 (114th Congress), 
the following statement is made concerning directed rule 
makings: The Committee estimates that the bill requires no 
directed rule makings within the meaning of such section.

               Information Relating to Unfunded Mandates

    This information is provided in accordance with section 423 
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4). The Committee has determined that the bill contains no 
unfunded mandate on the private sector, nor does it impose a 
Federal intergovernmental mandate on State, local, or tribal 
governments.

                   Constitutional Authority Statement

    Congress has the power to enact this legislation pursuant 
to Article 1, Section 8 of the U.S. Constitution granting 
Congress the authority to exercise exclusive legislation in all 
cases whatsoever, over such District (not exceeding ten miles 
square) as may, by cession of particular states, and the 
acceptance of Congress, become the seat of the government of 
the United States, and to exercise like Authority over all 
Places purchased by the Consent of the Legislature of the State 
in which the Same shall be, for the Erection of Forts, 
Magazines, Arsenals, dock-Yards, and other needful Buildings.

                          Advisory on Earmarks

    In accordance with House Rule XXI, clause 9, the Committee 
states that H.R. 5160 does not contain any congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9(e), 9(f), or 9(g) of rule XXI.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 40, UNITED STATES CODE




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SUBTITLE II--PUBLIC BUILDINGS AND WORKS

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PART C--FEDERAL BUILDING COMPLEXES

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CHAPTER 63--SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN 
F. KENNEDY CENTER FOR THE PERFORMING ARTS

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Sec. 6301. Definition

   In this chapter, the term ``specified buildings and 
grounds'' means--
          (1) Smithsonian institution.--The Smithsonian 
        Institution and its grounds, which include the 
        following:
                  (A) Smithsonian buildings and grounds on the 
                national mall.--The Smithsonian Building, the 
                Arts and Industries Building, the Freer Gallery 
                of Art, the National Air and Space Museum, the 
                National Museum of Natural History, the 
                National Museum of American History, the 
                National Museum of the American Indian, the 
                Hirshhorn Museum and Sculpture Garden, the 
                Arthur M. Sackler Gallery, the National Museum 
                of African Art, the S. Dillon Ripley Center, 
                and all other buildings of the Smithsonian 
                Institution within the Mall, including the 
                entrance walks, unloading areas, and other 
                pertinent service roads and parking areas.
                  (B) National zoological park.--The National 
                Zoological Park comprising all the buildings, 
                streets, service roads, walks, and other areas 
                within the boundary fence of the National 
                Zoological Park in the District of Columbia and 
                including the public space between that fence 
                and the face of the curb lines of the adjacent 
                city streets.
                  (C) Other smithsonian buildings and 
                grounds.--All other buildings, service roads, 
                walks, and other areas within the exterior 
                boundaries of any real estate or land or 
                interest in land (including temporary use) that 
                the Smithsonian Institution acquires and that 
                the Secretary of the Smithsonian Institution 
                determines to be necessary for the adequate 
                protection of individuals or property in the 
                Smithsonian Institution and suitable for 
                administration as a part of the Smithsonian 
                Institution.
          (2) National gallery of art.--[The National Gallery 
        of Art] (A) The National Gallery of Art and its 
        grounds, which extend--
                  [(A)] (i) to the line of the face of the 
                south curb of Constitution Avenue Northwest, 
                between Seventh Street Northwest, and Fourth 
                Street Northwest, to the line of the face of 
                the west curb of Fourth Street Northwest, 
                between Constitution Avenue Northwest, and 
                Madison Drive Northwest; to the line of the 
                face of the north curb of Madison Drive 
                Northwest, between Fourth Street Northwest, and 
                Seventh Street Northwest; and to the line of 
                the face of the east curb of Seventh Street 
                Northwest, between Madison Drive Northwest, and 
                Constitution Avenue Northwest;
                  [(B)] (ii) to the line of the face of the 
                south curb of Pennsylvania Avenue Northwest, 
                between Fourth Street and Third Street 
                Northwest, to the line of the face of the west 
                curb of Third Street Northwest, between 
                Pennsylvania Avenue and Madison Drive 
                Northwest, to the line of the face of the north 
                curb of Madison Drive Northwest, between Third 
                Street and Fourth Street Northwest, and to the 
                line of the face of the east curb of Fourth 
                Street Northwest, between Pennsylvania Avenue 
                and Madison Drive Northwest; and
                  [(C)] (iii) to the line of the face of the 
                south curb of Constitution Avenue Northwest, 
                between Ninth Street Northwest and Seventh 
                Street Northwest; to the line of the face of 
                the west curb of Seventh Street Northwest, 
                between Constitution Avenue Northwest and 
                Madison Drive Northwest; to the line of the 
                face of the north curb of Madison Drive 
                Northwest, between Seventh Street Northwest and 
                the line of the face of the east side of the 
                east retaining wall of the Ninth Street 
                Expressway Northwest; and to the line of the 
                face of the east side of the east retaining 
                wall of the Ninth Street Expressway Northwest, 
                between Madison Drive Northwest and 
                Constitution Avenue Northwest.
          (B) All other buildings, service roads, walks, and 
        other areas within the exterior boundaries of any real 
        estate or land or interest in land (including temporary 
        use) that the National Gallery of Art acquires and that 
        the Director of the National Gallery of Art determines 
        to be necessary for the adequate protection of 
        individuals or property in the National Gallery of Art 
        and suitable for administration as a part of the 
        National Gallery of Art.
          (3) John f. kennedy center for the performing arts.--
        The John F. Kennedy Center for the Performing Arts, 
        which extends to the line of the west face of the west 
        retaining walls and curbs of the Inner Loop Freeway on 
        the east, the north face of the north retaining walls 
        and curbs of the Theodore Roosevelt Bridge approaches 
        on the south, the east face of the east retaining walls 
        and curbs of Rock Creek Parkway on the west, and the 
        south curbs of New Hampshire Avenue and F Street on the 
        north, as generally depicted on the map entitled 
        ``Transfer of John F. Kennedy Center for the Performing 
        Arts'', numbered 844/82563 and dated April 20, 1994 (as 
        amended by the map entitled ``Transfer of John F. 
        Kennedy Center for the Performing Arts'', numbered 844/
        82563A and dated May 22, 1997), which shall be on file 
        and available for public inspection in the office of 
        the National Capital Region, National Park Service.

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