[House Report 114-568]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-568
======================================================================
AMENDING CERTAIN APPROPRIATION ACTS TO REPEAL THE REQUIREMENT DIRECTING
THE ADMINISTRATOR OF GENERAL SERVICES TO SELL FEDERAL PROPERTY AND
ASSETS THAT SUPPORT THE OPERATIONS OF THE PLUM ISLAND ANIMAL DISEASE
CENTER IN PLUM ISLAND, NEW YORK, AND FOR OTHER PURPOSES
_______
May 16, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. McCaul, from the Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 1887]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred
the bill (H.R. 1887) to amend certain appropriation Acts to
repeal the requirement directing the Administrator of General
Services to sell Federal property and assets that support the
operations of the Plum Island Animal Disease Center in Plum
Island, New York, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 3
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Congressional Budget Office Estimate............................. 4
Statement of General Performance Goals and Objectives............ 5
Duplicative Federal Programs..................................... 5
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 5
Federal Mandates Statement....................................... 6
Preemption Clarification......................................... 6
Disclosure of Directed Rule Makings.............................. 6
Advisory Committee Statement..................................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill, as Reported............ 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. FINDINGS.
Congress finds the following:
(1) The Federal Government has owned Plum Island, New York,
since 1899.
(2) Since 1954, the Plum Island Animal Disease Center has
conducted unrivaled scientific research on a variety of
infectious animal-borne diseases, including foot-and-mouth
disease, resulting, most recently, in the development of a new
cell line that rapidly and reliably detects this highly
debilitating disease of livestock.
(3) Over 62 years, the Center has had a strong, proven record
of safety.
(4) $23,200,000 in Federal dollars have been spent on
upgrades to, and the maintenance of, the Center since January
2012.
(5) In addition to the Center, Plum Island contains cultural,
historical, ecological, and natural resources of regional and
national significance.
(6) Plum Island is situated where the Long Island Sound and
Peconic Bay meet, both of which are estuaries that are part of
the National Estuary Program and are environmentally and
economically significant to the region.
(7) The Federal Government has invested hundreds of millions
of Federal dollars over the last two decades to make long-term
improvements with respect to the conservation and management
needs of Long Island Sound and Peconic Bay.
(8) The Department of Homeland Security has undertaken a
study to consider alternatives for the final disposition of
Plum Island, including an analysis of--
(A) conservation of the island's resources;
(B) any remediation responsibilities;
(C) the need for any legislative changes;
(D) cost; and
(E) any revenues from the alternatives.
SEC. 2. REPORT REQUIRED ON STUDY BY DEPARTMENT OF HOMELAND SECURITY ON
CLEAN UP AND ALTERNATIVE USES OF PLUM ISLAND.
(a) Assessment by Comptroller General.--
(1) Assessment required.--The Comptroller General of the
United States shall conduct an assessment of the study by the
Department of Homeland Security on the options for the
disposition of Plum Island referred to in section 1(8). Such
assessment shall include a determination of whether the
methodologies used by the Department in conducting such study
adequately support the Department's findings with respect to
the following:
(A) The possible alternative uses for Plum Island,
including the transfer of ownership to another Federal
agency, a State or local government, a nonprofit
organization, or a combination thereof for the purpose
of education, research, or conservation.
(B) The possible issues and implications, if any, of
pursuing such alternative uses for Plum Island.
(C) The potential cost to be incurred for expenses
related to the transition, cleanup, and hazard
mitigation of Plum Island by a recipient of such
property.
(2) Report required.--Not later than 180 days after the date
on which the Department of Homeland Security completes the
study referred to in section 1(8), the Comptroller General of
the United States shall submit to Congress a report containing
the following:
(A) The results of the assessment described under
paragraph (1).
(B) A description of the Secretary of Homeland
Security's coordination with the Administrator of
General Services, the Secretary of the Interior, and
the Administrator of the Environmental Protection
Agency in conducting the Department of Homeland
Security study referred to in section 1(8).
(b) Study by Comptroller General.--
(1) Study required.--If the Comptroller General of the United
States determines that the methodologies referred to in
subsection (a)(1) do not adequately support the Department of
Homeland Security's findings related to an issue described in
subparagraphs (A) through (C) of such subsection, the
Comptroller General shall conduct a study on any such issue.
(2) Report required.--If the Comptroller General of the
United States conducts a study under paragraph (1), not later
than one year after the date on which the Department of
Homeland Security completes the study referred to in section
1(8), the Comptroller General shall submit to Congress a report
containing the results of the study conducted under paragraph
(1).
SEC. 3. SUSPENSION OF ACTION.
No action may be taken to carry out section 538 of title V of
division D of the Consolidated Appropriations Act, 2012 (Public Law
112-74; 125 Stat. 976) until at least 180 days after the reports
required by subsection (a)(2) of section 2 and, if applicable,
subsection (b)(2) of such section have been submitted to Congress.
Purpose and Summary
H.R. 1887 requires the General Accountability Office (GAO)
to assess the U.S. Department of Homeland Security's (DHS)
study on options for the disposition of Plum Island. GAO must
assess whether the methodologies used by DHS adequately support
the study's findings. GAO's report would include an assessment
of the methodologies used and describe DHS' coordination with
the General Services Administration, the Department of the
Interior, and the Environmental Protection Agency on the study.
GAO would be required to report to Congress six months after
DHS completes its study. If GAO finds that the possible
alternative uses for Plum Island, the possible issues and
implications of pursuing such alternatives, and the potential
costs of transition, cleanup, and hazard mitigation of Plum
Island are not supported by the DHS report, GAO is required to
conduct its own study on those issues. The bill suspends
Appropriations language from the 2012 Consolidated
Appropriations Act requiring the sale of Plum Island until six
months after all GAO reports are received by Congress.
Background and Need for Legislation
Since 1954, the DHS Science and Technology Directorate's
Plum Island Animal Disease Center (PIADC) has served as form of
defense against accidental or intentional introduction of
transboundary animal diseases (a.k.a. foreign animal diseases)
including foot-and-mouth disease (FMD). The lab and its staff
of nearly 400 employees provide preparedness and response
capabilities, including vaccine research and development,
diagnostics, training, and bioforensics.
In 2005, DHS announced that PIADC would be moved to a new
Federal facility in Kansas. The FY2012 Consolidated
Appropriations Act (Pub. L. 112-74) required DHS to sell Plum
Island. The traditional interagency consultation process
regarding the disposal of Federal property was bypassed,
putting the potential sale of this island on the fast track
without consulting the local community or other federal
agencies. Locally, the Town of Southold in New York has passed
ordinances preventing any private development of Plum Island.
H.R. 1887 suspends the requirement to sell Plum Island
until a thorough review of the analysis of alternatives is
conducted by DHS and GAO.
Hearings
No hearings were held on H.R. 1887 in the 114th Congress.
Committee Consideration
The Committee met on April 28, 2016, to consider H.R. 1887,
and ordered the measure to be reported to the House with a
favorable recommendation, as amended, by unanimous consent. The
Committee took the following actions:
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Donovan (#1); was AGREED TO by unanimous consent.
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 consideration of
H.R. 1887.
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.
1887 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, May 13, 2016.
Hon. Michael McCaul,
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. 1887, a bill to
amend certain appropriation acts to repeal the requirement
directing the Administrator of General Services to sell federal
property and assets that support the operations of the Plum
Island Animal Disease Center in Plum Island, New York, and for
other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1887--A bill to amend certain appropriation acts to repeal the
requirement directing the Administrator of General Services to
sell federal property and assets that support the operations of
the Plum Island Animal Disease Center in Plum Island, New York,
and for other purposes
H.R. 1887 would require the Government Accountability
Office (GAO) to prepare a report on options for the disposition
of the Plum Island Animal Disease Center, which is operated by
the Department of Homeland Security. The bill also would direct
the General Services Administration (GSA) to cease its attempts
to sell the Plum Island property until after GAO has submitted
its report to the Congress.
Based on the costs of similar reports, CBO estimates that
it would cost less than $500,000 over the 2016-2017 period for
GAO to prepare the report required by H.R. 1887; such spending
would be subject to the availability of appropriated funds.
Based on information from GSA, we estimate that enacting the
bill would not affect the timing of a potential sale of Plum
Island.
Pay-as-you-go procedures do not apply because enacting the
bill would not affect direct spending or revenues. CBO
estimates that enacting H.R. 1887 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 1887 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 (for GAO and GSA costs) and Mark Grabowicz (for
Department of Homeland Security). The estimate was approved by
H. Samuel Papenfuss, Deputy 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. 1887 contains the following
general performance goals and objectives, including outcome
related goals and objectives authorized.
This legislation provides for the Government Accountability
Office to assess the DHS study on the options for the
disposition for Plum Island Animal Disease Center and provide a
report to Congress.
Duplicative Federal Programs
Pursuant to clause 3(c) of rule XIII, the Committee finds
that H.R. 1887 does not contain any provision that establishes
or reauthorizes a program known to be duplicative of another
Federal program.
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(e), 9(f), or 9(g) 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.
Preemption Clarification
In compliance with section 423 of the Congressional Budget
Act of 1974, requiring 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 finds that H.R. 1887 does
not preempt any State, local, or Tribal law.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 1887 would require no
directed rule makings.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
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. Findings.
This section includes findings relating to Plum Island.
Sec. 2. Report Required on Study by Department of Homeland Security
on Clean Up and Alternative Uses of Plum Island.
This section requires the Government Accountability Office
(GAO) to conduct an assessment of the Department of Homeland
Security's (DHS) study on the options for the disposition of
Plum Island. GAO is required to determine whether the
methodologies employed for the study adequately support the
Department's findings with regard to: the possible alternative
uses for Plum Island, including the transfer of ownership to
another Federal agency, a State or local government, a non-
profit organization, or a combination thereof for the purpose
of education, research, or conservation; the possible issues
and implications, if any, of pursuing such alternative uses for
Plum Island; and the potential cost to be incurred for expenses
related to the transition, cleanup, and hazard mitigation of
Plum Island by a recipient of such property.
This section also requires GAO, to the extent it determines
the methodologies in the DHS study do not adequately support
findings, to conduct a study on such issues.
The GAO is required to report to Congress within six months
on the results of the assessment and a description of the
Secretary of Homeland Security's coordination with the
Administrator of General Services, the Secretary of the
Interior, and the Administrator of the Environmental Protection
Agency in conducting the study.
The GAO is required to report to Congress within one year
on any study it undertakes to address findings not adequately
supported.
Sec. 3. Suspension of Action.
This section suspends any action on section 538 of title V
of division D of the Consolidated Appropriations Act, 2012
(Pub. L. 112-74; 125 Stat. 976) until at least 180 days after
any reports required by this bill have been submitted to
Congress.
Changes in Existing Law Made by the Bill, as Reported
As reported, H.R. 1887 makes no changes to exisiting law.
[all]