[House Report 110-850]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-850
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TO AMEND PUBLIC LAW 108-331 TO PROVIDE FOR THE CONSTRUCTION AND RELATED
ACTIVITIES IN SUPPORT OF THE VERY ENERGETIC RADIATION IMAGING TELESCOPE
ARRAY SYSTEM (VERITAS) PROJECT IN ARIZONA
_______
September 15, 2008.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany S.J. Res. 35]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the joint resolution (S.J. Res. 35) to amend
Public Law 108-331 to provide for the construction and related
activities in support of the Very Energetic Radiation Imaging
Telescope Array System (VERITAS) project in Arizona, having
considered the same, report favorably thereon without amendment
and recommend that the joint resolution do pass.
Purpose of the Legislation
Senate Joint Resolution 35 (S.J. Res. 35) amends Public Law
108-331 to authorize the Board of Regents of the Smithsonian
Institution to locate the VERITAS telescope at Fred Lawrence
Whipple Observatory Base Camp on Mount Hopkins, Arizona, or
other similar location.
Background and Need for Legislation
In the 108th Congress, Congress enacted Public Law 108-331,
to authorize the Board of Regents to construct the Very
Energetic Radiation Imaging Telescope Array System
(``VERITAS'') project on Kitt Peak near Tucson, Arizona.
In 1958, the National Science Foundation (``NSF'') and the
Papago tribe (now the Tohono O'odam Nation (``TON'') entered
into a perpetual lease of Kitt Peak, Arizona. The lease is
conditional upon the use of the site for scientific research.
NSF and the Department of Energy (``DOE'') are the lead
agencies for the VERITAS project's construction and will
contribute $13 million of the $14 million necessary to
construct the project. In 2003, NSF subleased land to the
Smithsonian Astrophysical Observatory for construction of the
VERITAS project in Horseshoe Canyon on Kitt Peak. In 2004, NSF
began construction of the project. In 2005, in response to
litigation initiated by TON, construction of the VERITAS
telescope array came to a halt. Although the case was
dismissed, NSF and DOE subsequently determined that the
agencies had not complied with National Environmental
Protection Act requirements.
Given the uncertainty of construction at the Kitt Peak
site, the VERITAS project team began fabricating telescopes at
the Fred Lawrence Whipple Observatory Base Camp on Mount
Hopkins, Arizona, which is approximately 35 miles from Kitt
Peak's Horseshoe Canyon. The subsequent results of testing and
analysis of array data of the telescope at the Whipple
Observatory resulted in very high-quality data, on a par with
the data expected at the Horseshoe Canyon site. As a result,
the VERITAS Science Consortium and Smithsonian Astrophysical
Observatory requested that NSF allow the VERITAS telescope to
remain at the Whipple Observatory for the rest of its
scientific life. In October 2007, NSF granted the Smithsonian
Astrophysical Observatory's request for permanent placement of
VERITAS at the Whipple Observatory Base Camp.
Summary of the Legislation
Section 1. Location of VERITAS Project
Section 1 amends Public Law 108-331 in the long title, by
striking ``on Kitt Peak near Tucson, Arizona'' and inserting
``in Arizona''; and in section 1, by striking ``on Kitt Peak
near Tucson, Arizona'' and inserting ``at the Fred Lawrence
Whipple Observatory Base Camp on Mount Hopkins, Arizona, or
other similar location''.
Legislative History and Committee Consideration
In the 108th Congress, Congress enacted Public Law 108-331,
to authorize the Board of Regents of the Smithsonian
Institution to construct the Very Energetic Radiation Imaging
Telescope Array System (``VERITAS'') project on Kitt Peak near
Tucson, Arizona.
On May 22, 2008, Senator Patrick J. Leahy introduced S.J.
Res. 35, to amend Public Law 108-331 to provide for the
construction and related activities in support of the Very
Energetic Radiation Imaging Telescope Array System (VERITAS)
project in Arizona.
On July 17, 2008, the Senate passed S.J. Res. 35 by
unanimous consent.
On July 31, 2008, the Committee on Transportation and
Infrastructure met in open session and ordered S.J. Res. 35
reported favorably to the House by voice vote with a quorum
present.
Record Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each recorded 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 S.J. Res. 35 or ordering the resolution reported. A motion
to order S.J. Res 35 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
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 objective of this legislation is to
authorize the Board of Regents of the Smithsonian Institution
to locate the VERITAS telescope at Fred Lawrence Whipple
Observatory Base Camp on Mount Hopkins, Arizona, or other
similar location.
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 S.J. Res.
35 from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 25, 2008.
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 S.J. Res. 35, a bill to
amend Public Law 108-331 to provide for the construction and
related activities in support of the Very Energetic Radiation
Imaging Telescope Array System (VERITAS) project in Arizona.
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.
S.J. Res. 35--A bill to amend Public Law 108-331 to provide for the
construction and related activities in support of the Very
Energetic Radiation Imaging Telescope Array System (VERITAS)
project in Arizona
S.J. Res. 35 would authorize the board of regents of the
Smithsonian Institution to locate the Very Energetic Radiation
Imaging Telescope Array System at Whipple Observatory Base Camp
on Mount Hopkins, Arizona. Public Law 108-331 originally
authorized the construction of that system on Kitt Peak,
Arizona. CBO estimates that enacting S.J. Res. 35 would not
affect the federal budget.
S.J. Res. 35 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 contact for this estimate is Christina Hawley
Anthony. This estimate was 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, S.J. Res. 35, does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
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 (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 S.J. Res. 35 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 (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ACT OF OCTOBER 16, 2004
(Public Law 108-331)
AN ACT to authorize the Board of Regents of the Smithsonian Institution
to carry out construction and related activities in support of the
collaborative Very Energetic Radiation Imaging Telescope Array System
(VERITAS) project on Kitt Peak near Tucson, Arizona.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORIZING BOARD OF REGENTS OF SMITHSONIAN INSTITUTION TO
CARRY OUT CONSTRUCTION AND RELATED ACTIVITIES IN
SUPPORT OF VERITAS ASTROPHYSICAL OBSERVATORY
PROJECT.
The Board of Regents of the Smithsonian Institution is
authorized to carry out construction and related activities in
support of the collaborative Very Energetic Radiation Imaging
Telescope Array System (VERITAS) project [on Kitt Peak near
Tucson, Arizona] at the Fred Lawrence Whipple Observatory Base
Camp on Mount Hopkins, Arizona, or other similar location.
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