[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5231 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                               H. R. 5231




_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            October 7 (legislative day, September 12), 1994

                                Received

            October 8 (legislative day, September 12), 1994

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 AN ACT


 
  To provide for the management of protions of the Presido under the 
             jurisdiction of the Secretary of the Interior

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    The Congress finds that--
            (1) the Presidio of San Francisco, located amidst the 
        incomparable scenic splendor of the Golden Gate, is one of 
        America's great natural and historic sites;
            (2) the Presidio is the oldest continually operating 
        military post in the Nation dating from 1776, and was 
        designated as a National Historic Landmark in 1962;
            (3) preservation of the cultural and historic integrity of 
        the Presidio for public use would give due recognition to its 
        significant role in the history of the United States;
            (4) the Presidio in its entirety will transfer to the 
        jurisdiction of the National Park Service on September 30, 
        1994, in accordance with Public Law 92-589;
            (5) as part of the Golden Gate National Recreation Area, 
        the Presidio's outstanding natural, historic, scenic, cultural 
        and recreational resources must be managed in a manner which is 
        consistent with sound principles of land use planning and 
        management, and which protect the Presidio from development and 
        uses which would destroy the scenic beauty and natural 
        character of the area;
            (6) activities and management at the Presidio must be 
        consistent with both the Act establishing the Golden Gate 
        National Recreation Area (Public Law 92-589) and the General 
        Management Plan for the Golden Gate National Recreation Area, 
        as amended;
            (7) the Presidio will be a global center dedicated to 
        addressing the world's most critical environmental, social, and 
        cultural challenges and a working laboratory at which models of 
        environmental sustainability shall be developed;
            (8) the Presidio, as an urban park, will be managed in a 
        manner that is responsive to the concerns of the public and 
        cognizant of its impact on the local community, and as a public 
        resource, will reflect, in both activities and management, of 
        the diversity that exists in the surrounding community; and
            (9) the Presidio will be managed in an innovative public/
        private partnership that minimizes cost to the United States 
        Treasury and makes efficient use of private sector resources 
        that could be utilized in the public interest.

SEC. 2. AMENDMENT OF ACT ESTABLISHING GOLDEN GATE NATIONAL RECREATION 
              AREA.

    (a) Statement of Purposes.--Section 1 of the Act entitled ``An Act 
to establish the Golden Gate National Recreation Area in the State of 
California, and for other purposes'', approved October 27, 1972 (Public 
Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb), is amended by inserting 
the following after the second sentence: ``In addition, the Secretary 
may utilize the resources of the Presidio of San Francisco to provide 
for and support programs and activities that foster research, education 
or demonstration projects, and relate to the environment, energy, 
transportation, international affairs, arts and cultural understanding, 
health and science.''.
    (b) Administration.--Section 4 of such Act is amended by adding the 
following new subsection at the end thereof:
    ``(g) Interim Authority.--(1) In addition to other available 
authorities, the Secretary may, in his discretion, negotiate and enter 
into leases, as appropriate, with any person, firm, association, 
organization, corporation or governmental entity for the use of any 
property within the Presidio in accordance with the General Management 
Plan and any of the purposes set forth in section 1 of this Act.
    ``(2) In addition to other available authorities, the Secretary 
may, in his discretion, enter into--
            ``(A) interagency permitting agreements or other 
        appropriate agreements with the Secretary of Defense and the 
        Director of the Federal Emergency Management Agency, and
            ``(B) leases with the American Red Cross, to house their 
        activities and employees at the Presidio.
    ``(3) Any leases or other appropriate agreements entered into under 
this subsection shall be subject to such procedures, terms, conditions 
and restrictions as the Secretary deems necessary. The Secretary is 
authorized to negotiate and enter into leases or other agreements, at 
fair market value and without regard to section 321 of chapter 314 of 
the Act of June 30, 1932 (40 U.S.C. 303b), fair market value shall take 
into account the uses permitted by the General Management Plan and this 
Act. The preceding sentence shall not apply to any interagency 
permitting agreement entered into between the Secretary and the 
Secretary of Defense regarding the housing of activities and employees 
of the Sixth United States Army. For purposes of any such lease or 
other agreements, the Secretary may adjust the rental by taking into 
account any amounts to be expended by the lessee for preservation, 
maintenance, restoration, improvement, repair and related expenses with 
respect to the leased properties.
    ``(4) The proceeds from leases under this subsection, and from 
concession and other use authorizations and from other services that 
may be provided by the recreation area under this subsection shall be 
retained by the Secretary for 5 years after the date of enactment of 
this paragraph or until the leased property is transferred to the 
Presidio Trust and shall be available without further appropriation and 
used to offset the costs of preservation, restoration, maintenance, 
improvement, repair and related expenses including administration of 
the above, incurred by the Secretary with respect to Presidio 
properties, with the balance used to offset other costs incurred by the 
Secretary in the administration of the Presidio.
    ``(5) Each lessee of a lease entered into under this subsection 
shall keep such records as the Secretary may prescribe to enable the 
Secretary to determine that all terms of the lease have been and are 
being faithfully performed. The Secretary and the Comptroller General 
and their duly authorized representatives shall, for the purpose of 
audit and examination, have access to financial records pertinent to 
the lease and all the terms and conditions thereof.
    ``(6) The Secretary shall annually prepare and submit to Congress a 
report on property leased under this subsection.
    ``(7) In addition to other available authorities, the Secretary 
may, in his discretion, enter into cooperative agreements and permits 
for any of the purposes of the recreation area set out in section 1 of 
this Act.''.

SEC. 3. THE PRESIDIO TRUST.

    (a) Establishment.--There is established within the Department of 
the Interior a non-profit public benefit government corporation to be 
known as the Presidio Trust (hereinafter in this Act referred to as the 
``Trust''). The Trust shall manage, in accordance with the purposes set 
forth in section 1 of the Act entitled ``An Act to establish the Golden 
Gate National Recreation Area in the State of California, and for other 
purposes'', approved October 27, 1972 (Public Law 92-589; 86 Stat. 
1299; 16 U.S.C. 460bb), and with this Act, the leasing, maintenance, 
rehabilitation, repair and improvement of property within the Presidio 
which is transferred to the Trust by the Secretary of the Interior 
(hereinafter in this Act referred to as the ``Secretary''). The Trust 
may participate in the development of programs and activities at the 
properties that have been transferred to the Trust.
    (b) Transfer.--Except as provided in this subsection, the Secretary 
shall transfer to the Trust, under such terms and conditions as the 
Secretary deems appropriate, a leasehold in the following properties 
within the Presidio under the control of the Secretary: the Letterman-
LAIR complex, Fort Scott, Main Post, Cavalry Stables, Presidio Hill, 
Wherry Housing, East Housing, the structures at Crissy Field, and such 
other properties, within the Presidio as the Secretary and the Trust 
deems appropriate. Any such property shall be transferred within 60 
days after a request is made by the Trust. The leasehold shall be of 
sufficient term to enable the Trust to obtain necessary and beneficial 
financing arrangements and to carry out the purposes of this Act. The 
Secretary may withhold transfer to the Trust of any buildings necessary 
to house or support activities of the National Park Service. The 
Secretary may not transfer to the Trust any property irrevocably 
permitted to the Department of Army. The Secretary shall transfer, with 
any transferred property, all leases, concessions, licenses and other 
agreements affecting such transferred property. The Secretary may 
transfer any properties within the Presidio to the Trust not requested 
by the Trust subject to terms and conditions mutually agreed to by the 
Secretary and the Trust. All proceeds received by the Presidio Trust 
from the leasing of properties managed by the Trust within the Presidio 
shall be retained by the Trust without further appropriation and used 
to offset the costs of administration, preservation, restoration, 
operation, maintenance, repair, and related expenses incurred by the 
Trust with respect to such properties.
    (c) Board of Directors.--(1) The powers and management of the Trust 
shall be vested in a Board of Directors consisting of 13 members, as 
follows:
            (A) The Director of the National Park Service.
            (B) Secretary of the Army.
            (C) Administrator of the Environmental Protection Agency.
            (D) Ten individuals, who are not employees of the Federal 
        Government, appointed by the Secretary within 6 months after 
        the date of the enactment of this Act, 6 of whom shall have 
        knowledge and experience in one or more of the fields of the 
        environment, energy, transportation, international affairs, 
        health, science, education, or any other such field related to 
        the activities at the Presidio; 4 of whom shall have knowledge 
        and experience in one or more of the fields of city planning, 
        finance, real estate, labor or historic preservation. With 
        respect to the 10 individuals, 5 shall meet the additional 
        requirement of possessing extensive knowledge of the region in 
        which the Presidio is located.
Each member of the Board of Directors specified in subparagraphs (A) 
through (C) paragraph (1) may designate (through written notice to the 
Secretary and Chairman of the Board) an alternative senior official 
(classified as Senior Executive Service) of his or her department or 
agency who may serve on the Board in his or her stead. The Secretary of 
the Army shall serve on the Board until such time as the Sixth Army 
Headquarters ceases to maintain a presence at the Presidio. In such an 
event, the Secretary of Energy shall replace the Secretary of the Army 
on the Board.
    (d) Terms of Board Members.--Each member of the Board of Directors 
appointed under subparagraph (D) of subsection (c)(1) shall serve for a 
term of 5 years from the expiration of his or her predecessor's term; 
except that the Secretary, in making the initial appointments to the 
Board under subparagraph (D), shall appoint 3 Directors to a term of 2 
years and 3 Directors to a term of 3 years. Any vacancy on the Board of 
Directors shall be filled in the same manner in which the original 
appointment was made, and any member appointed to fill a vacancy shall 
serve for the remainder of the term for which his or her predecessor 
was appointed. Each member shall continue to serve after the expiration 
of his or her term until his or her successor is appointed. No 
appointed director may serve more than 10 years in consecutive terms.
    (e) Organization and Compensation.--(1) The Board of Directors 
shall elect at the initial meeting a Chairman and a Vice Chairman from 
among the members of the Board of Directors. The Director of the 
National Park Service shall serve as Chairman until such time as the 
Board holds such election.
    (2) The Board of Directors may establish an Executive Committee 
within the Board and other such committees within the Board as it deems 
appropriate, and delegate such powers to such committees as the Board 
determines appropriate to carry out its functions and duties. Any such 
committees established by the Board may meet and take action on behalf 
of the Board between meetings to the extent the Board delegates such 
authority. Delegations to such committees shall not relieve the Board 
of full responsibility for the carrying out of its functions and 
duties, and shall be revocable by the Board in its exclusive judgment.
    (3) Members of the Board of Directors shall serve without pay, but 
may be reimbursed for the actual and necessary traveling and 
subsistence expenses incurred by them in the performance of the duties 
of the Trust.
    (4) The Board of Directors shall meet at the call of the Chairman, 
who shall require it to meet not less often than once every 6 months. A 
majority of the members of the Board of Directors (or their designated 
alternates) shall constitute a quorum. The Board shall hold at least 
one public meeting per year at the Presidio at which time the Board 
shall report on its operations, accomplishments and goals for the 
upcoming year.
    (5) Members of the Board of Directors shall not be considered 
Federal employees by virtue of their membership on the Board, except 
for purposes of the Federal Tort Claims Act and other statutes defining 
legal liability.
    (f) Staff.--The Board of Directors shall have the power to appoint 
and fix the compensation and duties of an Executive Director and such 
other officers and employees of the Trust as may be necessary for the 
efficient administration of the Trust. Officers and employees of the 
Trust may be appointed and compensated without regard to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and may be paid without regard to the provisions 
of chapter 51, and subchapter III of chapter 53, title 5, United States 
Code (relating to classification and General Schedule pay rates), 
except that no such officer or employee may receive a salary which 
exceeds the salary payable to officers or employees of the United 
States classified a level IV of the Executive Schedule.
    (g) Experts and Consultants.--The Board of Directors is authorized 
to procure the services of experts or consultants, or organizations, 
including but not limited to urban planners, architects, engineers, and 
appraisers.
    (h) Authorities.--In exercising its powers and duties, the Trust 
shall act in accordance with both the approved General Management Plan, 
as amended (hereinafter in this Act referred to as the ``Plan'') and 
the Act entitled ``An Act to establish the Golden Gate National 
Recreation Area in the State of California, and for other purposes'', 
approved October 27, 1972 (Public Law 92-589: 86 Stat. 1299; 16 U.S.C. 
460bb), and have the following authorities:
            (1) The Trust shall manage, maintain, improve and repair 
        those properties within the Presidio which are transferred to 
        the Trust by the Secretary.
            (2) The Trust shall publish and disseminate information and 
        make known to potential occupants, by advertisement, 
        solicitation, or other means, the availability of the property 
        within the Presidio which the Trust manages.
            (3) The Trust may prepare or cause to be prepared plans, 
        specifications, designs, and estimates of costs for the 
        rehabilitation, improvement, alteration, or repair of any 
        property managed by the Trust, and from time to time may modify 
        such plans, specifications, designs, or estimates.
            (4)(A) The Trust may negotiate and enter into agreements, 
        including contracts, leases, and cooperative agreements, with 
        any person including any governmental entity) for the occupancy 
        of any property within the Presidio which the Trust manages.
            (B) Agreements under this paragraph shall be subject to 
        procedures established by the Secretary under paragraph (5).
            (C) Agreements under this paragraph may be entered into 
        without regard to section 321 of the Act of June 30, 1932 (40 
        U.S.C. 303b).
            (5) The Secretary shall establish procedures for agreements 
        under paragraph (4), including a requirement that in entering 
        into such agreements the Trust shall obtain such competition as 
        is practicable in the circumstances.
            (6) The Trust shall establish (through easements, 
        covenants, regulations, agreements, or otherwise) such 
        restrictions, standards, and requirements as are necessary to 
        assure the maintenance, protection, and aesthetic character of 
        the property managed by the Trust.
            (7) The Trust may make commercially reasonable loans to the 
        occupants of property managed by the Trust for the 
        preservation, restoration, maintenance, or repair of such 
        property.
            (8) The Trust may provide technical assistance to the 
        occupants of property managed by the Trust, to assist such 
        occupants in making repairs or improvements to the property or 
        applying for loans under paragraph (7) of this section.
            (9) The Trust and the Secretary may solicit and the Trust 
        may accept donations of funds, property, supplies, or services 
        from individuals, foundations, corporations, and other private 
        entities, and from public entities, for the purpose of carrying 
        out its duties.
            (10) The Trust may retain any revenues from leases or other 
        agreements concerning property managed by the Trust, including 
        preexisting leases or agreements and any donations, and use the 
        proceeds without further appropriation to offset any costs for 
        any function of the Trust authorized by this Act, except for 
        those moneys transferred to the Secretary as stipulated in 
        paragraph (11).
            (11) The Secretary and the Trust shall agree on an amount 
        of revenues received by the Trust to be transferred to the 
        Secretary, to be applied by the Secretary, without further 
        appropriation or offset to appropriation, for common operating 
        and maintenance expenses at the Presidio.
            (12)(A) The Trust may not (directly or indirectly) borrow 
        funds from any source other than the Secretary of the Treasury 
        as provided in this paragraph.
            (B) Except as provided in subparagraph (F), if at any time 
        the funds available to the Trust are insufficient to enable the 
        Trust to discharge its responsibilities under this Act, the 
        Trust may issue obligations to the Secretary of the Treasury, 
        but only if the Secretary of the Treasury agrees to purchase 
        such obligations after determining that the projects to be 
        funded from the proceeds thereof are credit worthy.
            (C) The aggregate amount of obligations issued under this 
        paragraph which are outstanding at any one time may not exceed 
        $150,000,000.
            (D) Obligations issued under this paragraph--
                    (i) shall be in such forms and denominations, 
                bearing such maturities, and subject to such terms and 
                conditions, as may be prescribed by the Secretary of 
                the Treasury, and
                    (ii) shall bear interest at a rate determined by 
                the Secretary of the Treasury, taking into 
                consideration current market yields on outstanding 
                marketable obligations of the United States of 
                comparable maturities.
            (E) No funds appropriated to the Trust may be used for 
        repayment of principal or interest on, or redemption of, 
        obligations issued under this paragraph.
            (F) The Secretary of the Treasury may purchase obligations 
        issued under this paragraph only to the extent provided in 
        advance in appropriation Acts.
            (13) Upon the request of the Trust, the Secretary of the 
        Treasury shall invest excess moneys of the Trust in public debt 
        securities with maturities suitable to the needs of the Trust, 
        as determined by the Trust, and bearing interest at rates 
        determined by the Secretary of the Treasury, taking into 
        consideration current market yields on outstanding marketable 
        obligations of the United States of comparable maturity.
            (14) The Trust may enter into and perform such contracts 
        and other transactions with any person, firm, association, 
        organization, corporation or governmental entity as may be 
        necessary or appropriate to the conduct of activities 
        authorized under this Act.
            (15) The Trust may execute all instruments necessary or 
        appropriate in the exercise of any of its functions under this 
        Act, and may delegate to the Executive Director such of its 
        powers and responsibilities as it deems appropriate and useful 
        for the administration of the Trust.
            (16) The Trust may obtain by purchase, rental, donation, or 
        otherwise, such goods and services as may be needed to carry 
        out its duties. In the event of the termination of the Trust, 
        all property and unexpended funds shall be transferred to the 
        Department of the Interior, except that such funds shall only 
        be expended for the purposes of this Act.
            (17) The Trust shall procure insurance against any loss in 
        connection with the properties managed by it as is reasonable 
        and customary; and shall procure such additional insurance for 
        losses arising out of any of its authorized activities as is 
        reasonable and customary.
            (18) The Trust may sue and be sued in its name. All 
        litigation arising out of the activities of the Trust shall be 
        conducted by the Attorney General; the Trust may retain private 
        attorneys to provide advice and counsel on transactional 
        issues.
            (19) The Trust may adopt, amend, and repeal bylaws, rules, 
        and regulations governing the manner in which its business may 
        be conducted and the powers vested in it may be exercised.
            (20) The Trust shall have perpetual succession.
            (21) The Trust shall have an official seal selected by the 
        Board which shall be judicially noticed.
            (22) The Trust shall have all necessary and proper powers 
        for the exercise of the authorities invested in it.
            (23) For purposes of complying with section 106 of the 
        National Historic Preservation Act, the Trust may work directly 
        with the National Park Service, the State Historic Preservation 
        Office, and the Advisory Council on Historic Preservation and 
        enter into programmatic agreements, where appropriate.
    (i) Use of Federal Personnel, Facilities, and Services.--The 
Secretary and the heads of other Federal departments and agencies may 
provide personnel, facilities, and other administrative services to the 
Trust to assist it in carrying out its duties under this Act. 
Furthermore, the Secretary and the heads of other Federal departments 
and agencies may loan or transfer to the Trust excess or surplus 
personal property deemed necessary for the management of the Presidio.
    (j) Taxes.--Since the exercise of the powers granted by this 
section will be in all respects for the benefit of the people, the 
Trust is hereby declared to be devoted to an essential public and 
governmental function and purpose and shall be exempt from all taxes 
and special assessments of every kind of the State of California, and 
its political subdivisions, including the City and County of San 
Francisco.
    (k) Volunteers.--The Secretary may accept, without regard to the 
Civil Service classification laws, rules, or regulations, the services 
of the Trust, the Board, and the officers, and employees and 
consultants of the Board, without compensation from the Department of 
the Interior, as volunteers in the performance of the functions 
authorized herein, in the manner provided for under the Volunteers in 
the Parks Act of 1969 (16 U.S.C. 18g et seq.).
    (l) Savings Clause.--Nothing in this section shall preclude the 
Secretary from exercising any of his or her lawful powers within the 
Presidio.
    (m) Affirmative Action.--The Trust shall ensure that affirmative 
steps are taken, consistent with other Federal law, to afford equal 
access and equal opportunities for leases, concessions, contracts, 
subcontracts, and other contracting and employment opportunities to 
minorities, women, and other socially and economically disadvantaged 
individuals, commensurate with local availability.
    (n) Financial Records.--The financial records of the Trust shall be 
available for inspection by the Secretary, the Inspector General of the 
Department of the Interior, and the Comptroller General at any time and 
shall be audited by a reputable firm of certified public accountants 
not less frequently than once each year. Such audit shall be made 
available to the Secretary and the Congress. The Trust shall be subject 
to the provisions of the Government Corporation Control Act (31 U.S.C. 
9109 et seq.), including the budget and credit provisions, except that 
the Trust shall submit its budget through and in consultation with the 
Secretary.
    (o) Leasing.--In managing and leasing the properties transferred to 
it, the Trust should consider the extent to which prospective tenants 
maximize the contribution to the implementation of the General 
Management Plan and to the generation of revenues to offset costs of 
the Presidio. If the Trust has difficulty securing a tenant for a 
property under its control, it may enter into negotiation with a 
prospective tenant whose proposed use may be inconsistent with the 
approved General Management Plan. The Trust may not enter into a lease 
which is inconsistent with the approved General Management Plan unless 
the Secretary makes a finding that the proposed lease will not have a 
detrimental effect on the natural, historical, scenic and recreational 
values for which the Golden Gate National Recreation Area was 
established. For major leasing actions, the Trust shall submit the 
proposed lease to the Secretary of the Interior or his designee for a 
period of 10 working days for his review of the lease for consistency 
with the General Management Plan. Before executing the lease, the Trust 
shall consider issues of consistency raised by the Secretary or his 
designee.
    (p) Application of Other Laws.--(1) All general penal statutes 
relating to the larceny, embezzlement, or conversion of public moneys 
or property of the United States shall apply to the moneys and property 
of the Trust.
    (2)(A) Except as provided in subparagraphs (B) and (C), Federal 
laws and regulations governing procurement by Federal agencies shall 
apply to the Trust.
    (B) The Secretary may authorize the Trust, in exercising authority 
under section 303(g) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 253(g)) relating to simplified purchase 
procedures, to use as the dollar limit of each purchase or contract 
under that subsection an amount which does not exceed $500,000.
    (C) The Secretary may authorize the Trust, in carrying out the 
requirement of section 18 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 416) to furnish to the Secretary of Commerce for 
publication notices of proposed procurement actions, to use as the 
applicable dollar threshold for each expected procurement an amount 
which does not exceed $1,000,000.
    (q) Golden Gate National Recreation Area Advisory Commission.--The 
Trust shall maintain liaison with the Golden Gate National Recreation 
Area Advisory Commission in matters relating to the General Management 
Plan, and shall meet with the Commission at least annually.
    (r) Reversion.--In the event of failure or default, all interests 
and assets of the Trust shall revert to the United States to be 
administered by the Secretary.
    (s) Report.--The Trust shall transmit to the Secretary and the 
Congress, annually each January, a comprehensive and detailed report of 
its operations, activities, and accomplishments for the prior fiscal 
year. The report also shall include a section that describes, in 
general terms, the Trust's goals for the current fiscal year. The 
portion of the report containing the audited financial statement may be 
submitted at a later date, but no later than the first day of March of 
such year.
    (t) Authorization of Appropriations for Presidio.--For purposes of 
the Presidio, including the Presidio Trust, there is authorized to be 
appropriated to the Secretary such sums as may be necessary, but the 
aggregate of funds appropriated for purposes of the Presidio (excluding 
the Presidio Trust) under this subsection and under the Act entitled 
``An Act to establish the Golden Gate National Recreation Area in the 
State of California, and for other purposes'', approved October 27, 
1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb) may not exceed 
$25,000,000 in any one fiscal year. Funds appropriated under this Act 
(other than funds appropriated for operations) remain available until 
expended.
    (u) Separability of Provisions.--If any provisions of this Act or 
the application thereof to any body, agency, situation, or circumstance 
is held invalid, the remainder of the Act and the application of such 
provision to other bodies, agencies, situations, or circumstances shall 
not be affected thereby.
    (v) The provisions of the Act of March 3, 1931 (40 U.S.C. 276a et 
seq.; commonly known as the Davis-Bacon Act), and the provisions of the 
Service Contract Act of 1965 (41 U.S.C. 351 et seq.), shall apply to 
the Trust. All laborers and mechanics employed on the construction, 
rehabilitation, reconstruction, alteration, or repair of projects 
funded in whole or in part by the Trust and projects financed in whole 
or in part by loans, grants, loan guarantees, or any other assistance 
by the Trust shall be paid wages at rates not less than those 
prevailing on projects of a similar character in the locality as 
determined by the Secretary of Labor in accordance with the Act of 
March 3, 1931 (40 U.S.C. 276a et seq.; commonly known as the Davis-
Bacon Act). The Secretary of Labor shall have, with respect to the 
labor standards specified in this section, the authority and functions 
set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 
Stat. 1267) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).

SEC. 4. COMPLIANCE WITH BUY AMERICAN ACT.

    No funds appropriated pursuant to this Act may be expended by an 
entity unless the entity agrees that in expending the assistance the 
entity will comply with sections 2 through 4 of the Act of March 3, 
1993 (41 U.S.C. 10a-10c, popularly known as the ``Buy American Act'').

SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.

    (a) Purchase of American-Made Equipment and Products.--In the case 
of any equipment or products that may be authorized to be purchased 
with financial assistance provided under this Act, it is the sense of 
the Congress that entities receiving such assistance should, in 
expending the assistance, purchase only American-made equipment and 
products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the head of each Federal agency shall 
provide to each recipient of the assistance a notice describing the 
statement made in subsection (a) by the Congress.

SEC. 6. PROHIBITION OF CONTRACTS.

    It has been finally determined by a court or Federal agency that 
any person intentionally affixed a label bearing a ``Made in America'' 
inscription, or any inscription with the same meaning, to any product 
sold in or shipped to the United States that is not made in the United 
States, such person shall be ineligible to receive any contract or 
subcontract made with funds provided pursuant to this Act, pursuant to 
the debarment, suspension, and ineligibility procedures described in 
section 9.400 through 9.409 of title 48, Code of Federal Regulations.

            Passed the House of Representatives October 7, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 5231 IH----2