[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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