[House Report 110-828]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-828
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SCIENTIFIC TRANSFORMATIONS THROUGH ADVANCING RESEARCH (STAR) ACT
_______
September 8, 2008.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
[To accompany H.R. 5743]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred the
bill (H.R. 5743) to provide the Secretary of Homeland Security
with the authority to procure real property and accept in-kind
donations, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 2
Congressional Budget Office Estimate............................. 3
Statement of General Performance Goals and Objectives............ 3
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 4
Federal Mandates Statement....................................... 4
Advisory Committee Statement..................................... 4
Constitutional Authority Statement............................... 4
Applicability to Legislative Branch.............................. 4
Section-by-Section Analysis of the Legislation................... 4
Changes in Existing Law Made by the Bill, as Reported............ 5
PURPOSE AND SUMMARY
The purpose of H.R. 5743 is to provide the Secretary of
Homeland Security with the authority to procure real property
and accept in-kind donations.
BACKGROUND AND NEED FOR LEGISLATION
This bill grants the Secretary of Homeland Security the
administrative power to accept and use donations of property,
laboratory facilities, and utilities in order to facilitate
scientific research and other purposes. The impetus for the
bill is to grant the Department of Homeland Security
(Department) its own land and property acquisition authority,
rather than its current requirement to work through the General
Services Administration (GSA). There are multiple pending
pieces of legislation that contain the same or similar
provisions, but all have stalled for non-substantive reasons.
This legislation would reduce the levels of interagency
bureaucracy and the time required for the Department to procure
and accept donated real estate, goods, and other services in
order to construct much needed facilities to pursue the
Department's vital mission. This legislation does not authorize
any particular research or development activities.
HEARINGS
No hearings were held on H.R. 5743.
COMMITTEE CONSIDERATION
H.R. 5743 was introduced in the House on April 9, 2008, by
Mr. Broun of Georgia and referred solely to the Committee on
Homeland Security. Within the Committee H.R. 5743 was referred
to the Subcommittee on Management, Investigations, and
Oversight.
On June 26, 2008, the Chairman discharged the Subcommittee
on Management, Investigations, and Oversight from further
consideration of H.R. 5743. The Committee then proceeded to the
consideration of H.R. 5743 and ordered the measure to be
reported to the House favorably, without amendment, by voice
vote.
COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report legislation and amendments
thereto.
No recorded votes were requested during Committee
consideration.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
5743, the Scientific Transformations through Advancing Research
(STAR) Act, would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 18, 2008.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5743, the
Scientific Transformations through Advancing Research (STAR)
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Peter H. Fontaine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 5743--Scientific Transformations through Advancing Research (STAR)
Act
H.R. 5743 would allow the Department of Homeland Security
(DHS) to accept and use donations of real property, personal
property, laboratory and office space, utility services, and
infrastructure upgrades for the purposes of carrying out
research and related activities. Based on information from DHS,
CBO expects that the agency would receive some donations of
equipment and property for research related to homeland
security. Monetary gifts are classified in the budget as
revenues, and spending of such sums would constitute direct
spending. CBO estimates that the receipt and use of any
donations would have a negligible net budgetary impact.
H.R. 5743 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 contacts for this estimate are Matthew
Pickford and Mark Grabowicz. This estimate was approved by
Peter H. Fontaine, Assistant Director for Budget Analysis.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, H.R. 5743 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
H.R. 5743 will give the Secretary of Homeland Security
direct authority to accept donated real property, goods, and
other services to further advance scientific research and
conduct operations vital to the Department's mission. This bill
will streamline the ability of the Secretary to move forward
with projects if property, goods, or services are donated for
such a facility. This legislation does not grant any
authorities beyond those held by the General Services
Administration nor does it affect the Secretary's authority for
non-real estate procurement. Further, this legislation does not
authorize specific research and development activities.
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF
BENEFITS
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains no
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the Rule
XXI.
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.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
APPLICABILITY TO 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.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates the bill as the ``Scientific
Transformations through Advancing Research (STAR) Act''.
Section 2. Authority of Secretary of Homeland Security to procure real
property and accept in-kind donations
This section authorizes the Secretary of Homeland Security
to accept and use donations of real property and office and
laboratory space and other donations for the purposes of
carrying out basic, applied and advanced research, development,
testing and evaluation and related activities.
This section enables the Secretary to streamline the
procurement process by granting the Department its own
authority to accept real estate, goods, and other services
rather than having to procure property and facilities through
the GSA. This legislation does not grant any authorities beyond
those held by the GSA nor does it affect the Secretary's
authority for non-real estate procurement. This legislation
does not authorize any specific research or development
activities or operations.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
No changes are made to existing law.