```

[House Report 110-842]
[From the U.S. Government Publishing Office]

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.

                                  

```