Report text available as:

(PDF provides a complete and accurate display of this text.) Tip?


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-407

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

 
   TO DIRECT THE ADMINISTRATOR OF GENERAL SERVICES, ON BEHALF OF THE 
  ARCHIVIST OF THE UNITED STATES, TO CONVEY CERTAIN FEDERAL PROPERTY 
LOCATED IN THE STATE OF ALASKA TO THE MUNICIPALITY OF ANCHORAGE, ALASKA

                                _______
                                

 April 9, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3786]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3786) to direct the Administrator 
of General Services, on behalf of the Archivist of the United 
States, to convey certain Federal property located in the State 
of Alaska to the Municipality of Anchorage, Alaska, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose of Legislation...........................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     3
Legislative History and Consideration............................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Performance Goals and Objectives.................................     4
Advisory of Earmarks.............................................     5
Duplication of Federal Programs..................................     5
Disclosure of Directed Rule Makings..............................     5
Federal Mandate Statement........................................     5
Preemption Clarification.........................................     5
Advisory Committee Statement.....................................     5
Applicability of Legislative Branch..............................     5
Section-by-Section Analysis of Legislation, as Amended...........     6
Changes in Existing Law made by the Bill, as Reported............     6
    The amendment is as follows:

  Strike all after the enacting clause and insert the 
following:

SECTION 1. REAL PROPERTY CONVEYANCE.

  (a) In General.--As soon as practicable after the date of the 
enactment of this Act and after completion of the survey and appraisal 
described in this section, the Administrator of General Services, on 
behalf of the Archivist of the United States, shall convey to the City 
by quitclaim deed for the consideration described in subsection (c), 
all right, title, and interest of the United States in and to a parcel 
of real property described in subsection (b).
  (b) Legal Description of Property.--
          (1) In general.--The parcel to be conveyed under subsection 
        (a) consists of approximately 9 acres and improvements located 
        at 400 East Fortieth Street in the City that is administered by 
        the National Archives and Records Administration.
          (2) Survey required.--As soon as practicable after the date 
        of the enactment of this Act, the exact acreage and legal 
        description of the real property to be conveyed under 
        subsection (a) shall be determined by a survey, paid for by the 
        City, that is satisfactory to the Archivist.
  (c) Terms and Conditions.--
          (1) Consideration.--
                  (A) In general.--As consideration for the conveyance 
                of the property under subsection (a), the City shall 
                pay to the Archivist an amount not less than the fair 
                market value of the conveyed property, to be determined 
                as provided in subparagraph (B).
                  (B) Appraisal.--The fair market value of the property 
                to be conveyed under subsection (a) shall be determined 
                based on an appraisal that--
                          (i) is conducted by a licensed, independent 
                        appraiser that is approved by the Archivist and 
                        the City;
                          (ii) is based on the highest and best use of 
                        the property;
                          (iii) is approved by the Archivist; and
                          (iv) is paid for by the City.
          (2) Pre-conveyance entry.--The Archivist, on terms and 
        conditions the Archivist determines to be appropriate, may 
        authorize the City to enter the property at no charge for pre-
        construction and construction activities.
          (3) Additional terms and conditions.--The Archivist may 
        require additional terms and conditions in connection with the 
        conveyance under subsection (a) as the Archivist considers 
        appropriate to protect the interests of the United States.
  (d) Proceeds.--Subject to appropriations Acts, the net proceeds from 
the conveyance of property under subsection (a) shall be available to 
the Archivist for activities funded in annual appropriations Acts under 
the heading ``National Archives and Records Administration--Repairs and 
Restorations''.
  (e) City Defined.--In this section, the term ``City'' means the 
Municipality of Anchorage, Alaska.

                         PURPOSE OF LEGISLATION

    H.R. 3786, as amended, directs the Administrator of General 
Services, on behalf of the Archivist of the United States, to 
convey certain federal property located in the State of Alaska 
to the Municipality of Anchorage, Alaska.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3786, as amended, authorizes the General Services 
Administration (GSA) to transfer ownership of nine acres of 
land located at 400 East Fortieth Street in Anchorage, Alaska 
that are administered by the National Archives and Records 
Administration to the City of Anchorage. The National Archives 
has no need for the property. Sale of this property would be 
consistent with the National Archives' efforts to reduce its 
space footprint and associated costs.
    H.R. 3786, as amended, requires the property be sold at 
fair market value at highest and best use based on an appraisal 
approved by the Archivist and paid for by the City of 
Anchorage. Net proceeds could be retained by the Archivist, 
subject to appropriations, for repairs and restorations of 
other Archives facilities.

                                HEARINGS

    No hearings were held on H.R. 3786.

                 LEGISLATIVE HISTORY AND CONSIDERATION

    On December 16, 2013, Representative Don Young (R-AK) 
introduced H.R. 3786, a bill to direct the Administrator of 
General Services, on behalf of the Archivist of the United 
States, to convey certain federal property located in the State 
of Alaska to the Municipality of Anchorage, Alaska.
    On March 13, 2014, the Committee on Transportation and 
Infrastructure met in open session. The Committee considered 
one amendment offered by Representative Lou Barletta (R-PA). 
The amendment was adopted by voice vote. The Committee ordered 
H.R. 3786, as amended, reported favorably to the House by voice 
vote with a quorum present.

                            COMMITTEE 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 record votes taken in connection 
with consideration of H.R. 3786, as amended, or ordering the 
measure reported. A motion to order H.R. 3786, 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.

               NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    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.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    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. 3786, as amended, 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 26, 2014.
Hon. Bill Shuster,
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. 3786, a bill to 
direct the Administrator of the General Services, on behalf of 
the Archivist of the United States, to convey certain federal 
property located in the state of Alaska to the Municipality of 
Anchorage, Alaska.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3786--A bill to direct the Administrator of the General Services, 
        on behalf of the Archivist of the United States, to convey 
        certain federal property located in the state of Alaska to the 
        Municipality of Anchorage, Alaska

    H.R. 3786 would authorize the General Services 
Administration, on behalf of the National Archives and Records 
Administration (NARA) to sell certain property in Anchorage, 
Alaska, for fair market value. Proceeds from the sale would be 
available to be spent by NARA, subject to future appropriation.
    CBO estimates that enacting this legislation would have no 
significant effect on the federal budget because we expect that 
the conveyance of this property will occur under current law. 
Based on information from NARA, we expect that the property 
will be sold over the next ten years because the agency has 
recently announced plans to close its operating facilities in 
Alaska. Because this legislation would accelerate the process 
of selling the property, the collection of sale proceeds (which 
are offsetting receipts, an offset to direct spending) also 
would be accelerated. Therefore, pay-as-you-go procedures 
apply. However, CBO estimates the effect on offsetting receipts 
over the 2014-2024 period would be negligible. Enacting the 
bill would not affect revenues.
    H.R. 3786 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                    PERFORMANCE GOALS AND OBJECTIVES

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
performance goal and objective of this legislation, as amended, 
is to direct the Administrator of General Services, on behalf 
of the Archivist of the United States, to convey certain 
federal property located in the State of Alaska to the 
Municipality of Anchorage, Alaska.

                          ADVISORY OF EARMARKS

    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. No 
provision in the bill, as amended, includes an earmark, limited 
tax benefit, or limited tariff benefit under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                    DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013), 
the Committee finds that no provision of H.R. 3786, as amended, 
establishes or reauthorizes a program of the federal government 
known to be duplicative of another federal program, a program 
that was included in any report from the Government 
Accountability Office to Congress pursuant to section 21 of 
Public Law 111-139, or a program related to a program 
identified in the most recent Catalog of Federal Domestic 
Assistance.

                  DISCLOSURE OF DIRECTED RULE MAKINGS

    Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013), 
the Committee estimates that enacting H.R. 3786, as amended, 
does not specifically direct the completion of any specific 
rule makings within the meaning of section 551 of title 5, 
United States Code.

                       FEDERAL MANDATE 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 (Public Law 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. 3786, 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, as amended.

                  APPLICABILITY OF LEGISLATIVE BRANCH

    The Committee finds that the legislation, as amended, 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 
(Public Law 104-1).

         SECTION-BY-SECTION ANALYSIS OF LEGISLATION, AS AMENDED

Section 1. Real property conveyance

    Section 1(a) directs the Administrator of General Services, 
on behalf of the Archivist of the United States, to convey to 
the city of Anchorage by quitclaim deed all right, title, and 
interest of the United States in the property described in 
subsection (b).
    Section 1(b) describes the property to be conveyed as nine 
acres, including improvements located at 400 East Fortieth 
Street in Anchorage and requires the city to pay for a survey 
to determine the exact acreage and legal description and the 
survey must be satisfactory to the Archivist.
    Section 1(c) requires the city to pay the Archivist an 
amount not less than the fair market value based on an 
appraisal of highest and best use paid for by the city and 
approved by the Archivist. This subsection also authorizes the 
Archivist to allow the city of Anchorage to enter the property 
for pre-construction and construction activities and allows the 
Archivist to require additional terms and conditions on the 
conveyance as the Archivist considers appropriate to protect 
the interests of the United States.
    Section 1(d) directs that the net proceeds from the 
conveyance be available to the Archivist for activities funded 
in annual appropriations Acts under the heading ``National 
Archives and Records Administration--Repairs and 
Restorations,'' subject to appropriations.
    Section 1(e) defines the ``City'' as the ``Municipality of 
Anchorage, Alaska''.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 3786, as amended, makes no changes in existing law.