[DOCID: f:hr842p1.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Rept. 110-842
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
SMITHSONIAN INSTITUTION FACILITIES AUTHORIZATION ACT OF 2008
_______
September 11, 2008.--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. 6627]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 6627) to authorize the Board of Regents of the
Smithsonian Institution to carry out certain construction
projects, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
PURPOSE OF THE LEGISLATION
Section 2 of H.R. 6627, the ``Smithsonian Institution
Facilities Authorization Act of 2008,'' would authorize $41
million over three years for the design and construction of the
Mathias Laboratory Renovation and Trailer Replacement Project
at the Smithsonian Environmental Research Center (SERC) in
Edgewater, Maryland. Of this amount, it is anticipated that
$3.5 million, which has been included in the Interior
Appropriations bill by the appropriations subcommittee, will be
used to design the project in FY 2009. Construction is expected
to cost $37.5 million over the following two fiscal years.
The current Mathias Laboratory complex houses approximately
146 employees and fellows. It exceeds its capacity for staff by
40%, and is considered unsuitable for SERC's scientific mission
and the safety of staff. The proposed 52,000 square foot
replacement laboratory would be connected with the modified
existing structure, a building that was constructed in seven
phases between 1978 and 2000.
The Smithsonian would also demolish a series of trailers
and other ad hoc structures, some more than 30 years old, which
pepper the site and which currently provide 65 percent of
SERC's office space and 25 percent of its laboratory space.
Committee staff has visited SERC on several occasions over
the last few years and advised Members on the decaying
condition of the existing structures. The Committee views the
project as a highly desirable and overdue modernization of a
critical research facility that serves the Smithsonian's core
scientific mission.
Section 3 of H.R. 6627 would authorize $14 million for
fiscal 2009 and 2010 to construct and consolidate laboratory
space to accommodate the terrestrial research program of the
Smithsonian Tropical Research Institute (STRI) at a site in
Gamboa, Panama. The project would consolidate space from
existing locations scattered throughout Panama, and would
demolish a 1930's-era school building to construct a
replacement building on the site. Members and staff have
visited STRI facilities in Panama in recent years, and in 2008
toured the site of the proposed Gamboa construction. The
Committee supports the project.
ENHANCED OVERSIGHT OF SMITHSONIAN CONSTRUCTION NEEDED
In the course of reviewing Smithsonian construction
projects, the Committee is concerned that the Smithsonian has
conducted some planning and design activity without proper
authorization. The Smithsonian has at times argued that the
actual purpose of a project might be for a repair rather than
new construction, and that it has permanent legal authority to
undertake planning for that purpose; and that passage of an
appropriation providing the necessary funds for construction
also authorizes planning and design functions that necessarily
precede construction, obviating the need for separate action by
the Committee. With respect to SERC, the Smithsonian spent
$500,000 on planning for the project in 2006, two years before
it asked for legislation in Congress to authorize funds for
planning and design, and now acknowledges that it lacked
authority for such action because the construction being
contemplated was not a repair.
Despite previous planning activities at SERC, the
Smithsonian's Senate regents introduced S.J. Res. 34 on May 22,
2008, to authorize planning, design and construction. In the
absence of similar action by the House regents, Chairman Brady
introduced a companion bill in the House, H.R. 6542, on July
17, 2008. With respect to STRI, the Smithsonian did not ask the
Committee for authority to plan and design, but relied on a
previous appropriation for the funds. However, the Senate
regents on May 22, 2008, introduced S.J. Res. 36, which
provided authorization for planning, design and construction
activities at that location. Again, Chairman Brady introduced
H.R. 6541 on July 17, a companion bill. Portions of these two
House bills were consolidated into a new bill ordered reported
favorably by the Committee, H.R. 6627, introduced by Chairman
Oberstar of the Committee on Transportation and Infrastructure
with the concurrence of Chairman Brady.
The Smithsonian's reliance on claims of permanent authority
or the existence of appropriated funds as justification for not
requesting authorizing legislation undermines the Committee's
legislative and oversight responsibilities under clause 1(j)(5)
of rule X. Unauthorized or premature activities undertaken by
the Smithsonian should cease; at any rate, the Committee will
not allow such activities to hinder the Committee in
considering the merits of planning and design for construction
projects. The Committee evaluates these projects in the context
of the totality of its responsibility for the Smithsonian,
including an evaluation of the Institution's policies and
priorities, administrative concerns, governance, and the fiscal
impact of the projects on the Institution's budget.
In order to move this legislation to the House floor, the
Committee and the Committee on Transportation and
Infrastructure, which has jurisdiction pursuant to clause
1(r)(11) of rule X, agreed to introduce H.R. 6627 and to
consider it in a form which authorized ``design and
construction'' for SERC, resulting in an additional referral to
House Administration, and ``construction'' only for projects at
STRI, which was referred to Transportation and Infrastructure.
The agreement applies only to the two projects covered by this
particular bill. It has no precedential value relating to the
future need for authorizations to plan, design and construct
Smithsonian projects prior to their initiation, or to future
bill referrals, and does not affect how this Committee may
choose to approach these issues in the future.
If there is a need for additional legislation of this kind
in subsequent Congresses, as there surely will be, the
Committee will insist that all such projects be presented to it
in advance of any Smithsonian planning activities.
SUMMARY OF THE LEGISLATION
Section 1 provides that the Act may be cited as the
``Smithsonian Institution Facilities Authorization Act of
2008.''
Section 2 would authorize the Smithsonian Institution to
design and construct laboratory and support space for the
Mathias Laboratory at the Smithsonian Environmental Research
Center in Edgewater, Maryland. The bill would authorize $41
million for fiscal years 2009 through 2011, to remain available
until expended.
Section 3 would authorize $14 million in fiscal 2009 and
2010, to remain available until expended, to construct
laboratory space to accommodate the terrestrial research
program of the Smithsonian Tropical Research Institute in
Gamboa, Panama.
COMMITTEE ACTION
H.R. 6627 was introduced on July 29, 2008. It was ordered
reported favorably by the Committee on House Administration on
July 30, 2008 by unanimous voice vote, without amendment
MATTERS REQUIRED UNDER THE RULES OF THE HOUSE
Constitutional authority
Clause 3(d)(1) of House 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 finds that
Congress has the authority to pass this measure pursuant to
Article I, section 8 of the Constitution.
Committee votes
Clause 3(b) of House 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 amendments were offered and no
recorded votes were taken during the Committee's consideration
of H.R. 6627.
Congressional Budget Office estimate
Clause 3(c)(3) of House 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 402 of the
Congressional Budget Act (CBA), if timely submitted. The
Director submitted the following estimate:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 25, 2008.
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. 6627, the
Smithsonian Institution Facilities Authorization Act of 2008.
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 Peter R. Orszag, Director).
Enclosure.
H.R. 6627--Smithsonian Institution Facilities Authorization Act of 2008
H.R. 6627 would authorize the appropriation of $41 million
for laboratory and support space at the Smithsonian
Environmental Research Center in Edgewater, Maryland, and $14
million for laboratory space at the Smithsonian tropical
research institute in Gamboa, Panama. Assuming appropriation of
the authorized amounts, CBO estimates that implementing H.R.
6627 would cost $55 million over the 2009-2013 period. Enacting
the bill would not affect direct spending or receipts.
H.R. 6627 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.
On August 25, 2008, CBO transmitted an identical cost
estimate for H.R. 6627 as ordered reported by the House
Committee on Transportation and Infrastructure on July 31,
2008.
The CBO staff contact for this estimate is Christina Hawley
Anthony. This estimate was approved by Peter H. Fontaine,
Assistant Director for Budget Analysis.
Federal mandates
Section 423 of the CBA requires a committee report on any
public bill or joint resolution that includes a federal mandate
to include specific information about such mandates. The
Committee states that H.R. 6627 includes 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. 6627
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 House Rule X. The Committee's
findings are incorporated in the body 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 believes that completion of the
construction projects authorized by the bill will result in
more cost-effective use of Federal resources provided to the
Smithsonian, provide a safer work environment, and enhance the
Institution's ability to provide world-class scientific
research.
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.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H.R. 6627 makes no changes in existing law.
<all>