[House Report 111-612]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-612
HOUSE OF REPRESENTATIVES
2d Session Part 1
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SMITHSONIAN CONSERVATION BIOLOGY INSTITUTE ENHANCEMENT ACT
_______
September 20, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Brady of Pennsylvania, from the Committee on House Administration,
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 House Administration, 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 without amendment and recommend
that the bill to pass.
PURPOSE OF THE LEGISLATION
H.R. 5717 would upgrade the Smithsonian Institution's
scientific and educational functions at its unique conservation
facility at Front Royal, Virginia. The Smithsonian Conservation
Biology Institute (formerly known as the Conservation Research
Center), located at the Virginia site, and renowned worldwide
for its work preserving and breeding endangered species, is a
magnet for prominent researchers and students starting careers
in related fields. The Front Royal facilities are a sub-unit of
the Smithsonian's National Zoological Park (NZP) located in
Washington, D.C.
The legislation would authorize additional modern
facilities to conduct programs and house students, and would
relocate holding facilities for endangered red pandas and
clouded leopards. The projects are included in the NZP's
Comprehensive Facilities Master Plan. The bill would provide
the Smithsonian with substantial additional infrastructure at
minimal cost, with a large majority of the funding to be
obtained from non-Federal sources. The Smithsonian hopes to
open the new facilities by the fall of 2012.
Section 2 of H.R. 5717 would authorize appropriations for
$5 million to plan, design and construct facilities at the
Smithsonian Conservation Biology Institute which would include
laboratories and offices, for the purpose of conducting
research and educational programs. The bill would authorize $1
million in fiscal 2010, which has already been appropriated; $1
million in fiscal 2011; and $3 million in subsequent years. The
Smithsonian would supply an additional $5 million through its
non-Federal trust funds.
Section 3 would authorize the Smithsonian Institution to
enter into an agreement with George Mason University (GMU) in
northern Virginia, to construct a residential facility and a
dining/commons facility at the site using $20 million in
Virginia state revenue bonds, at no cost to the Smithsonian or
the Federal government. Ownership of the facility would revert
to the Smithsonian after 30 years. In October, 2008, the
Smithsonian and GMU signed a Memorandum of Understanding to
establish the ``Smithsonian-Mason Global Conservation Studies
Program.'' GMU would grant college credits to participating
students. The program would enhance and expand the National
Zoo's history of providing educational classes and professional
training for future generations of conservation and scientific
professionals. The GMU-funded facilities would provide
accommodations for approximately 120 professionals and
students.
Finally, Section 4 would authorize the Smithsonian to plan,
design and construct animal holding and related program
facilities from non-Federal sources. The project is needed
because the existing holding facility would be subsumed within
of the new education center construction. The cost, estimated
to be $1 to $2 million, would derive exclusively from the
Smithsonian's private trust funds which are non-Federal funds,
but their use for construction projects requires authorization
by Congress.
The Smithsonian Institution has entered into agreements
with dozens of educational institutions worldwide, as strategic
partners to advance important goals. These initiatives do not
normally require legislative authorization. But this project
links the Smithsonian Conservation Biology Institute closely to
a specific educational institution--George Mason University--
for a long term relationship which, for the first time, would
allow an outside entity to construct a facility on Smithsonian
property. The Committee believes that it is important for
Congress to evaluate the propriety of this arrangement--and
others, as appropriate, in the future--and, in this particular
case, indicate its approval through legislation.
Relationships of the kind contemplated by this legislation
between GMU and the Smithsonian, depending on their number and
effect, can have a significant impact on the operation and
management of Smithsonian programs over time. The Committee
will exercise its oversight to ensure that the objectives and
costs of such arrangements maintain a balance among budgetary
constraints and the Smithsonian's research and educational
goals.
The Committee finds that the agreement between the
Smithsonian and GMU is an appropriate vehicle for the
Smithsonian to accomplish its overall mission for the increase
and diffusion of knowledge. The fact that the Smithsonian will
gain ultimate ownership of the $20 million residential and
dining facilities to be constructed by GMU, at no cost either
to the Federal Treasury or the Smithsonian, makes the project a
fiscal bargain and an attractive addition to the Institution's
resources.
COMMITTEE CONSIDERATION
H.R. 5717 was introduced on July 13, 2010, by the three
House members serving on the Smithsonian Board of Regents, Rep.
Becerra of California (sponsor), along with Reps. Matsui of
California and Sam Johnson of Texas, and Rep. Wolf of Virginia
in whose district the Smithsonian Conservation Biology
Institute is located. The bill was referred to the Committee on
House Administration as the primary committee, with an
additional referral to the Committee on Transportation and
Infrastructure.
The Committee on House Administration held a markup on H.R.
5717 on July 14, 2010. The Committee ordered the bill reported
favorably to the House, by voice vote, without amendment. No
amendments were offered during consideration of the
legislation.
SECTION-BY-SECTION ANALYSIS
Section 1 provides a short title for H.R. 5717, the
``Smithsonian Conservation Biology Institute Enhancement Act.''
Section 2 authorizes $1 million in each of fiscal years
2010 and 2011, and $3 million for succeeding fiscal years, to
plan, design and construct a facility on National Zoological
Park property in Front Royal, Virginia, to conduct research and
educational programs.
Section 3 authorizes the Smithsonian Board of Regents to
enter into agreements for the provision of housing and other
services for participants in research and educational programs
authorized in the legislation.
Section 4 authorizes the Smithsonian Institution to plan,
design and construct animal holding and related facilities to
be funded from non-Federal sources.
MATTERS REQUIRED UNDER THE RULES OF THE HOUSE
Constitutional authority
Clause 3(d)(1) of rule XIII requires each committee report
on a public bill or joint resolution to include a statement
citing the specific constitutional power(s) granted to the
Congress on which the Committee relies for enactment of the
measure under consideration. The Committee cites the
legislative power broadly granted to Congress under Article I.
Committee votes
Clause 3(b) of rule XIII requires the results of each
recorded 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. No recorded votes were taken during
the Committee's consideration of H.R. 5717.
Congressional Budget Office estimate
Clause 3(c)(3) of rule XIII requires the report of a
committee on a measure which has been approved by the committee
to include a cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 403 of the CBA,
if timely submitted. The Director submitted the following
estimate:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 26, 2010.
Hon. Robert A. Brady,
Chairman, Committee on House Administration,
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).
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 2012 2013 2014 2015 2011-2015
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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.
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.
Federal mandates
Section 423 of the Congressional Budget Act requires a
committee report on any public bill or joint resolution that
includes a Federal mandate to include specific information
about such mandates. H.R. 5717 contains no Federal mandates.
Preemption clarification
Section 423 of the CBA requires a committee report on any
public bill or joint resolution to include a committee
statement on the extent to which the measure is intended to
preempt state or local law. The Committee states that H.R. 5717
is not intended to preempt any state or local law.
Oversight findings
Clause 3(c)(1) of rule XIII requires each committee report
to contain oversight findings and recommendations required
pursuant to clause 2(b)(1) of rule X. The oversight findings
are addressed in the descriptive sections of the report.
Statement of general performance goals and objectives
Clause 3(c)(4) of House Rule XIII requires committee
reports to include a statement of general performance goals and
objectives. The Committee finds that the projects authorized by
this legislation, and the agreement between the Smithsonian
Institution and George Mason University, further the
Smithsonian's mission for the increase and diffusion of
knowledge.
Congressional ``earmarks''
Clause 9 of House Rule XXI requires committee reports on
public bills and resolutions to contain an identification of
congressional ``earmarks,'' limited tax benefits, limited
tariff benefits, and the names of requesting Members. The bill
contains no such items.
Congressional Accountability Act applicability
Section 102(b)(3) of the Congressional Accountability Act
of 1995 (Pub. L. 104-1) (CAA) requires each report on a public
bill or joint resolution relating to terms and conditions of
employment or access to public services or accommodations to
describe the manner in which the legislation applies to the
Legislative Branch. H.R. 5717 does not apply to the legislative
branch and contains no such items.
Changes in existing law made by the bill, as reported
H.R. 5717 would not make any changes in existing law.