[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1639 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1639

  To provide for the management of portions of the Presidio under the 
 jurisdiction of the Secretary of the Interior, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             November 8 (legislative day, November 2), 1993

 Mrs. Boxer (for herself and Mrs. Feinstein) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the management of portions of the Presidio under the 
 jurisdiction of the Secretary of the Interior, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Presidio Corporation Establishment 
Act''.

SEC. 2. ESTABLISHMENT.

    (a) In General.--There is established within the Department of the 
Interior a public benefit corporation to be known as the Presidio 
Corporation (referred to in this Act as the ``Corporation'').
    (b) Duties.--The Corporation shall manage the leasing, maintenance, 
rehabilitation, repair, and improvement of property within the Presidio 
transferred pursuant to section 2 in accordance with this Act, the 
approved General Management Plan, (referred to in this Act 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 (16 U.S.C. 460bb).
    (c) Board of Directors.--
            (1) Composition.--The powers and management of the 
        Corporation shall be vested in a Board of Directors composed 
        of--
                    (A) 9 voting members, including--
                            (i) the Director of the National Park 
                        Service, or a designee of such Director;
                            (ii) the Secretary of the Army, or a 
                        designee of such Secretary;
                            (iii) the Secretary of Transportation, or a 
                        designee of such Secretary;
                            (iv) the Chairperson of the Golden Gate 
                        National Park Association;
                            (v) the mayor of the city of San Francisco;
                            (vi) 2 members to be appointed by the 
                        Secretary of the Interior (referred to in this 
                        Act as the ``Secretary'') from recommendations 
                        by the Speaker of the House of Representatives 
                        and the Majority Leader of the Senate, with 
                        national visibility and knowledge and 
                        experience in one or more of the fields of 
                        environmental studies, city planning, finance, 
                        real estate, engineering, or management; and
                            (vii) 2 members who shall be residents of, 
                        and who shall be registered voters in, the city 
                        and county of San Francisco, with knowledge and 
                        experience in city planning, finance, and real 
                        estate; and
                    (B) 5 nonvoting members, including--
                            (i) the Executive Director of the National 
                        Trust for Historic Preservation;
                            (ii) the Chairman of the Golden Gate 
                        National Recreation Area Advisory Commission;
                            (iii) a representative from among the 
                        entities occupying property at the Presidio, to 
                        be appointed by the Secretary; and
                            (iv) 2 members to be appointed by the 
                        Secretary, with knowledge and experience in one 
                        or more of the fields of city planning, 
                        finance, real estate, engineering, or 
                        management.
            (2) Terms.--
                    (A) In general.--Each member of the Board of 
                Directors appointed under clauses (vi) and (vii) of 
                paragraph (1)(A) shall serve for a term of 4 years, 
                except that of the initial appointments to the Board 
                under clause (vii) of paragraph (1)(A), one shall be 
                appointed for a term of 2 years, and one shall be 
                appointed for a term of 3 years.
                    (B) Vacancies.--Any vacancy on the Board of 
                Directors shall be filled in the same manner in which 
                the original appointment was made. Any member appointed 
                to fill a vacancy shall serve for the remainder of the 
                term, if any, for which the predecessor of such member 
                was appointed. Any member may continue to serve after 
                the expiration of the term of such member until a 
                successor is appointed. No appointed member may serve 
                more than 12 consecutive years.
            (3) Chairperson and vice chairperson.--The Board of 
        Directors shall elect a Chairperson and a Vice Chairperson from 
        among the members of the Board of Directors.
            (4) Compensation.--
                    (A) In general.--Each member of the Board of 
                Directors who is not an officer or employee of the 
                Federal Government shall serve without compensation. 
                Each member of the Board of Directors who is an officer 
                or employee of the Federal Government shall serve 
                without compensation in addition to that received for 
                their services as an officer or employee of the Federal 
                Government.
                    (B) Travel expenses.--Each member of the Board of 
                Directors shall be allowed travel expenses while away 
                from the home or regular place of business of the 
                member in the performance of services for the 
                Corporation, including per diem in lieu of subsistence, 
                at rates authorized for employees of agencies under 
                subchapter I of chapter 57 of title 5, United States 
                Code.
            (5) Meetings.--The Board of Directors shall meet at the 
        call of the Chairperson, who shall require the Board of 
        Directors to meet not less often than once every 90 days.
            (6) Quorum.--A majority of the members of the Board of 
        Directors shall constitute a quorum.
            (7) Staff.--
                    (A) In general.--The Chairperson may appoint and 
                terminate an executive director and such other 
                additional personnel as may be necessary for the 
                efficient administration of the Corporation. In 
                selecting persons for appointment to the staff of the 
                Corporation, other than the executive director, 
                priority consideration shall be given to appointing 
                staff (other than the executive director) from among 
                persons with knowledge and experience in the fields of 
                finance and real estate (including property 
                management).
                    (B) Compensation.--The Chairperson may fix the 
                compensation of the executive director and such other 
                personnel of the Corporation without regard to the 
                provisions of title 5, United States Code, relating to 
                appointments in the competitive service, and without 
                regard to the provisions of chapter 51, and subchapter 
                III of chapter 53 of title 5, United States Code 
                (relating to classification and General Schedule pay 
                rates).
            (8) Procurement of services of experts and consultants.--
        The Chairperson may procure the services of experts or 
        consultants, or organizations, including urban planners, 
        architects, engineers, and appraisers.
            (9) Capacity to sue and be sued.--The Corporation may sue 
        and be sued in its name, except that the Directors of the Board 
        shall not be personally liable except for gross negligence.
            (10) Rules governing corporation.--The Corporation 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.
            (11) Perpetual succession.--The Corporation shall have 
        perpetual succession.
            (12) Official seal.--The Corporation shall have an official 
        seal selected by the Board which shall be judicially noticed.
            (13) Authority to negotiate.--The Corporation may negotiate 
        directly with the State Historic Preservation Office and the 
        Advisory Council on Historic Preservation to develop agreements 
        concerning the reuse of historic structures managed by the 
        Corporation, to maximize the potential for securing tenants.
            (14) Use of federal personnel, facilities, and services.--
        The Secretary or other Cabinet officers may provide personnel, 
        facilities, and other administrative services to the 
        Corporation to assist it in carrying out its duties under this 
        Act.
            (15) Taxes.--The Corporation shall be exempt from all taxes 
        and special assessments of every kind of the United States, the 
        State of California, and its political subdivisions, including 
        the city and county of San Francisco.
            (16) Financial records.--The financial records of the 
        Corporation shall be available for inspection by the Secretary 
        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.
            (17) Application of other laws.--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 Corporation.
            (18) Reversion.--In the event of failure or default, all 
        interests and assets of the Corporation shall revert to the 
        United States to be administered by the Secretary.

SEC. 3. LEASEHOLD.

    (a) In General.--The Secretary of the Interior shall transfer to 
the Corporation, under such terms and conditions as the Secretary 
determines appropriate, a leasehold in the following properties within 
the Presidio:
            (1) The Letterman-LAIR complex.
            (2) Fort Scott.
            (3) Main Post.
            (4) Golden Gate.
            (5) Cavalry Stables.
            (6) Presidio Hill.
            (7) Wherry Housing.
            (8) East Housing.
            (9) The structures at Crissy Field.
            (10) Such other buildings within the Presidio as the 
        Secretary determines appropriate.
    (b) Term.--The term of the leasehold transferred pursuant to 
subsection (a) shall be for a period sufficient to enable the 
Corporation to obtain the most beneficial financing arrangements.
    (c) Buildings.--The Secretary shall not transfer to the Corporation 
any buildings necessary to carry out the activities of the National 
Park Service.
    (d) Transfer of Existing Leaseholds.--The Secretary shall transfer 
all leases existing on the date of enactment of this Act affecting the 
property that is the subject of the leasehold described in subsection 
(a).

SEC. 4. DUTIES AND AUTHORITIES.

    (a) Management.--The Corporation shall manage, maintain, improve, 
and repair the properties described in section 3.
    (b) Advertisement.--The Corporation shall publish and disseminate 
information to potential occupants, by advertisement, solicitation, or 
other means, regarding the availability of the property within the 
Presidio managed by the Corporation.
    (c) Plans.--The Corporation may prepare, or cause to be prepared, 
plans, specifications, designs, and estimates of costs for 
rehabilitating, improving, altering, or repairing property managed by 
the Corporation, and from time to time may modify such plans, 
specifications, designs, or estimates.
    (d) Agreements.--The Corporation may enter into contracts, 
including leases, cooperative agreements, or other agreements, with any 
governmental entity, private or nonprofit organization, individual, 
firm, association, organization, or corporation for the occupancy of 
property within the Presidio managed by the Corporation.
    (e) Bidding Procedures.--The Corporation shall establish 
competitive bidding procedures to be used for the issuance of leases 
and contracts under this Act.
    (f) Federal Procurement Laws.--The Federal procurement laws shall 
not apply to the Corporation.
    (g) Regulations.--The Corporation shall establish (through 
easements, covenants, regulations, agreements, or otherwise) such 
restrictions, standards, and requirements as are necessary to maintain 
and protect the property managed by the Corporation.
    (h) Loans.--The Corporation may make loans to the occupants of 
property managed by the Corporation for the preservation, restoration, 
maintenance, or repair of such property.
    (i) Technical Assistance.--The Corporation may provide technical 
assistance to occupants of property managed by the Corporation, to 
repair or improve the property or to apply for loans under subsection 
(h).
    (j) Donations.--The Corporation may solicit and accept donations of 
funds, property, supplies, or services from individuals, foundations, 
corporations, and other private entities, and from public entities, to 
carry out its duties.
    (k) Revenues.--
            (1) In general.--Except as provided in paragraph (2), the 
        Corporation may retain revenues from leases or other agreements 
        concerning property managed by the Corporation, including 
        preexisting leases or agreements, and donations, and use the 
        revenues to defray the costs of administration, preservation, 
        restoration, operation, maintenance, repair, and related 
        expenses incurred by the Corporation with respect to such 
        properties.
            (2) Amount transferred to secretary.--The Corporation shall 
        transfer to the Secretary such portion of the revenues 
        described in paragraph (1) as agreed to by the Board of 
        Directors and the Secretary. The Secretary shall expend the 
        amount transferred pursuant to this paragraph for the 
        maintenance of the common property.
    (l) Authority To Borrow Funds.--
            (1) In general.--The Corporation may borrow funds from 
        public or private sources to carry out the duties of the 
        Corporation under this Act.
            (2) Evidence of indebtedness.--The Corporation may issue 
        evidence of indebtedness and may provide collateral to secure 
        such indebtedness (including a mortgage or pledge of the 
        interest of the Corporation in revenues or the leasehold in 
        property described in section 3).
            (3) Loans from treasury.--The Corporation may borrow funds 
        from the Treasury of the United States, in such amounts as may 
        be authorized in appropriations acts, to carry out the duties 
        of the Corporation under this Act. Loans from the Treasury 
        shall have such maturities, terms, and conditions as agreed 
        upon by the Corporation and the Secretary of the Treasury, and 
        may be redeemable at the option of the Corporation before 
        maturity.
            (4) Investment.--Except with respect to funds obtained from 
        the Federal Government, the Corporation may invest any funds 
        not required for immediate use or disbursement, with the 
        approval of the Secretary of the Treasury, in obligations of 
        the United States Government, or obligations the principal and 
        interest that are guaranteed by the United States Government.
    (m) Delegation of Authority.--The Corporation 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 are appropriate and useful 
for the administration of the Corporation.
    (n) Procurement of Goods and Services.--The Corporation may obtain 
by purchase, rental, donation, or otherwise, such goods and services as 
are necessary to carry out its duties under this Act. In the event of 
the termination of the Corporation, all property and unexpended funds 
shall be transferred to the Department of the Interior.
    (o) Insurance.--The Corporation shall procure insurance against any 
loss in connection with the properties managed by the Corporation.
    (p) Volunteers.--The Secretary may accept, without regard to the 
Civil Service classification laws, rules, or regulations, the services 
of the Corporation, the Board, and the officers and employees 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 Public Law 91-357 (16 U.S.C. 18g et 
seq.).
    (q) Savings Clause.--Nothing in this Act shall preclude the 
Secretary from exercising any of the lawful powers of the Secretary 
within the Presidio.
    (r) Affirmative Action.--The Corporation 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.

SEC. 5. REPORT.

    Not later than January 5 of each year, and at such other times as 
it deems desirable, the Corporation shall transmit to the Secretary and 
the Congress, a comprehensive and detailed report of its operations, 
activities, and accomplishments under this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Except as provided in subsection (b), there are 
authorized to be appropriated such sums as are necessary to carry out 
this Act.
    (b) Limitation.--The aggregate of funds made available pursuant to 
this Act 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 (16 U.S.C. 460bb) shall not 
exceed $25,000,000 in any fiscal year.

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