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111th Congress                                            Rept. 111-612
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

======================================================================



 
       SMITHSONIAN CONSERVATION BIOLOGY INSTITUTE ENHANCEMENT ACT

                                _______
                                

               September 20, 2010.--Ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        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 Transportation and Infrastructure, 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 with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Smithsonian Conservation Biology 
Institute Enhancement Act''.

SEC. 2. FACILITY FOR RESEARCH AND EDUCATIONAL PROGRAMS.

  (a) In General.--The Board of Regents of the Smithsonian Institution 
is authorized to plan, design, and construct a facility on National 
Zoological Park property in Front Royal, Virginia for the purpose of 
conducting research and educational programs.
  (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (a)--
          (1) $1,000,000 for each of fiscal years 2010 and 2011; and
          (2) $3,000,000 in the aggregate for all succeeding fiscal 
        years.

SEC. 3. AGREEMENTS FOR HOUSING AND OTHER SERVICES.

  (a) In General.--The Board of Regents of the Smithsonian Institution 
is authorized to enter into agreements for the provision of housing and 
other services to the participants in the programs referenced in 
section 2.
  (b) Costs.--The housing and other services described in subsection 
(a) shall be provided at no cost to the Smithsonian Institution.

SEC. 4. ANIMAL HOLDING FACILITY.

  The Board of Regents of the Smithsonian Institution is authorized to 
plan, design, and construct animal holding and related program 
facilities on National Zoological Park property in Front Royal, 
Virginia, to be funded from nonfederal sources.

                       PURPOSE OF THE LEGISLATION

    H.R. 5717, as amended, the ``Smithsonian Conservation 
Biology Institute Enhancement Act'', authorizes 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 5717, as amended, authorizes the renovation of and an 
addition to an existing building to be used as an educational 
facility at the Smithsonian Institution's National Zoological 
Park (NZP) facility in Front Royal, Virginia. The bill also 
authorizes third parties to construct and operate housing and 
food service facilities on Smithsonian property that further 
the educational and research program goals of the NZP. The 
provision of the housing and food service facilities and their 
operation are to be funded entirely from other sources, and the 
bill expressly provides that these costs are not to be borne by 
the Smithsonian Institution.
    The NZP building to be renovated and expanded will consist 
of approximately 25,400 gross square feet. It will consist of 
classrooms, laboratories, offices, and support spaces. The 
construction is planned to provide a code-compliant, LEED-
certified facility, using the entire existing structure, which 
consists of 14,925 gross square feet. Reuse of existing 
structures is a hallmark of sustainable design and construction 
because it minimizes waste. The operation and maintenance costs 
of the renovated and expanded existing facility are to be 
covered by tuition payments from students attending the 
educational facility.

                       SUMMARY OF THE LEGISLATION

Section 1. Short title

    Section 1 provides that the Act may be referred to as the 
``Smithsonian Conservation Biology Institute Enhancement Act''.

Sec. 2. Facility for research and educational programs

    This section authorizes the Board of Regents of the 
Smithsonian Institution to plan, design, and construct a 
facility on National Zoological Park property in Front Royal, 
Virginia, for the purpose of conducting research and 
educational programs. This section also authorizes 
appropriations of $1 million in each of fiscal years 2010 and 
2011, and $3 million in aggregate for all succeeding fiscal 
years.

Sec. 3. Agreements for housing and other services

    This section authorizes the Board of Regents to enter into 
agreements for the provision of housing and ``other services'', 
which the Committee on Transportation and Infrastructure 
understands to include food service, for program participants 
identified in section 2. This authorization is intended to 
enable the Smithsonian Institution, for the first time, to 
enter into an agreement or agreements that will allow a third 
party or parties to construct and own building improvements on 
Smithsonian property. This type of agreement is typically 
carried out through a long-term ground lease, and the Committee 
understands that the Smithsonian Institution will use a ground 
lease to carry out this section.

Sec. 4. Animal holding facility

    This section provides authority to the Smithsonian to plan, 
design, and construct animal holding and related program 
facilities on the NZP property. No appropriations are 
authorized for these facilities. The funding for these 
facilities will come entirely from Smithsonian trust (i.e., 
non-Federal) sources. This section expressly provides that the 
cost to plan, design, or construct these facilities will not to 
be borne by the Federal Government.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    In the 111th Congress, on July 13, 2010, Representative 
Xavier Becerra introduced H.R. 5717. On July 14, 2010, the 
Committee on House Administration ordered the bill reported 
favorably to the House by voice vote with a quorum present. On 
July 29, 2010, the Committee on Transportation and 
Infrastructure Committee met to consider H.R. 5717. The 
Committee adopted by voice vote an amendment to the bill. The 
Committee ordered the bill, as amended, reported favorably to 
the House by voice vote with a quorum present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 5717 or in ordering the bill 
reported. A motion to order H.R. 5717, as amended, reported 
favorably to the House was agreed to by voice vote with a 
quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize the Smithsonian Board of Regents to plan, design, and 
construct a facility on National Zoological Park property in 
Front Royal, Virginia, for the purpose of conducting research 
and educational programs.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 5717 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 26, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
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).
    Enclosure.

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-
                                                        2011      2012      2013      2014      2015      2015
----------------------------------------------------------------------------------------------------------------
                                  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.
    Previous CBO estimate: On August 26, 2010, CBO transmitted 
a cost estimate for H.R. 5717, the Smithsonian Conservation 
Biology Institute Enhancement Act, as ordered reported by the 
Committee on House Administration. The estimates are identical.
    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.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
5717 does not contain any earmarks, limited tax benefits, or 
limited tariff benefits under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5717, as amended, 
does not preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 5717, as amended, makes no changes in existing law.