[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2108 Referred in Senate (RFS)]
1st Session
H. R. 2108
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 7 (legislative day, July 10), 1995
Received; read twice and referred to the Committee on Governmental
Affairs
_______________________________________________________________________
AN ACT
To permit the Washington Convention Center Authority to expend revenues
for the operation and maintenance of the existing Washington Convention
Center and for preconstruction activities relating to a new convention
center in the District of Columbia, to permit a designated authority of
the District of Columbia to borrow funds for the preconstruction
activities relating to a sports arena in the District of Columbia and
to permit certain revenues to be pledged as security for the borrowing
of such funds, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``District of
Columbia Convention Center and Sports Arena Authorization Act of
1995''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CONVENTION CENTER
Sec. 101. Permitting Washington Convention Center Authority to expend
revenues for convention center activities.
TITLE II--SPORTS ARENA
Sec. 201. Permitting designated authority to borrow funds for
preconstruction activities relating to
Gallery Place sports arena.
Sec. 202. Permitting certain District revenues to be pledged as
security for borrowing.
Sec. 203. No appropriation necessary for arena preconstruction
activities.
Sec. 204. Arena preconstruction activities described.
TITLE III--WAIVER OF CONGRESSIONAL REVIEW
Sec. 301. Waiver of Congressional review of Arena Tax Payment and Use
Amendment Act of 1995.
TITLE I--CONVENTION CENTER
SEC. 101. PERMITTING WASHINGTON CONVENTION CENTER AUTHORITY TO EXPEND
REVENUES FOR CONVENTION CENTER ACTIVITIES.
(a) Permitting Expenditure Without Appropriation.--The fourth
sentence of section 446 of the District of Columbia Self-Government and
Governmental Reorganization Act (sec. 47-304, D.C. Code) shall not
apply with respect to any revenues of the District of Columbia which
are attributable to the enactment of title III of the Washington
Convention Center Authority Act of 1994 (D.C. Law 10-188) and which are
obligated or expended for the activities described in subsection (b).
(b) Activities Described.--The activities described in this
paragraph are--
(1) the operation and maintenance of the existing
Washington Convention Center; and
(2) preconstruction activities with respect to a new
convention center in the District of Columbia, including land
acquisition and the conducting of environmental impact studies,
architecture and design studies, surveys, and site acquisition.
TITLE II--SPORTS ARENA
SEC. 201. PERMITTING DESIGNATED AUTHORITY TO BORROW FUNDS FOR
PRECONSTRUCTION ACTIVITIES RELATING TO GALLERY PLACE
SPORTS ARENA.
(a) Permitting Borrowing.--
(1) In general.--The designated authority may borrow funds
through the issuance of revenue bonds, notes, or other
obligations which are secured by revenues pledged in accordance
with paragraph (2) to finance, refinance, or reimburse the
costs of arena preconstruction activities described in section
204 if the designated authority is granted the authority to
borrow funds for such purposes by the District of Columbia
government.
(2) Revenue required to secure borrowing.--The designated
authority may borrow funds under paragraph (1) to finance,
refinance, or reimburse the costs of arena preconstruction
activities described in section 204 only if such borrowing is
secured (in whole or in part) by the pledge of revenues of the
District of Columbia which are attributable to the sports arena
tax imposed as a result of the enactment of D.C. Law 10-128 (as
amended by the Arena Tax Amendment Act of 1994 (D.C. Act 10-
315)) and which are transferred by the Mayor of the District of
Columbia to the designated authority pursuant to section 302(a-
1)(3) of the Omnibus Budget Support Act of 1994 (sec. 47-
2752(a-1)(3), D.C. Code) (as amended by section 2(b) of the
Arena Tax Payment and Use Amendment Act of 1995).
(b) Treatment of Debt Created.--Any debt created pursuant to
subsection (a) shall not--
(1) be considered general obligation debt of the District
of Columbia for any purpose, including the limitation on the
annual aggregate limit on debt of the District of Columbia
under section 603(b) of the District of Columbia Self-
Government and Governmental Reorganization Act (sec. 47-313(b),
D.C. Code);
(2) constitute the lending of the public credit for private
undertakings for purposes of section 602(a)(2) of such Act
(sec. 1-233(a)(2), D.C. Code); or
(3) be a pledge of or involve the full faith and credit of
the District of Columbia.
(c) Designated Authority Defined.--The term ``designated
authority'' means the Redevelopment Land Agency or such other District
of Columbia government
agency or instrumentality designated by the Mayor of the District of
Columbia for purposes of carrying out any arena preconstruction
activities.
SEC. 202. PERMITTING CERTAIN DISTRICT REVENUES TO BE PLEDGED AS
SECURITY FOR BORROWING.
(a) In General.--The District of Columbia (including the designated
authority described in section 201(c)) may pledge as security for any
borrowing undertaken pursuant to section 201(a) any revenues of the
District of Columbia which are attributable to the sports arena tax
imposed as a result of the enactment of D.C. Act 10-128 (as amended by
the Arena Tax Amendment Act of 1994 (D.C. Law 10-315)), upon the
transfer of such revenues
by the Mayor of the District of Columbia to the designated authority
pursuant to section 302(a-1)(3) of the Omnibus Budget Support Act of
1994 (sec. 47-2752(a-1)(3), D.C. Code) (as amended by section 2(b) of
the Arena Tax Payment and Use Amendment Act of 1995).
(b) Exclusion of Pledged Revenues From Calculation of Annual
Aggregate Limit on Debt.--Any revenues pledged as security by the
District of Columbia pursuant to subsection (a) shall be excluded from
the determination of the dollar amount equivalent to 14 percent of
District revenues under section 603(b)(3)(A) of the District of
Columbia Self-Government and Governmental Reorganization Act (sec. 47-
313(b)(3)(A), D.C. Code).
SEC. 203. NO APPROPRIATION NECESSARY FOR ARENA PRECONSTRUCTION
ACTIVITIES.
The fourth sentence of section 446 of the District of Columbia
Self-Government and Governmental Reorganization Act (sec. 47-304, D.C.
Code) shall not apply with respect to any of the following obligations
or expenditures:
(1) Borrowing conducted pursuant to section 201(a).
(2) The pledging of revenues as security for such borrowing
pursuant to section 202(a).
(3) The payment of principal, interest, premium, debt
servicing, contributions to reserves, or other costs associated
with such borrowing.
(4) Other obligations or expenditures made to carry out any
arena preconstruction activity described in section 204.
SEC. 204. ARENA PRECONSTRUCTION ACTIVITIES DESCRIBED.
The arena preconstruction activities described in this section are
as follows:
(1) The acquisition of real property (or rights in real
property) to serve as the site of the sports arena and related
facilities.
(2) The clearance, preparation, grading, and development of
the site of the sports arena and related facilities, including
the demolition of existing buildings.
(3) The provision of sewer, water, and other utility
facilities and infrastructure related to the sports arena.
(4) The financing of a Metrorail connection to the site and
other Metrorail modifications related to the sports arena.
(5) The relocation of employees and facilities of the
District of Columbia government displaced by the construction
of the sports arena and related facilities.
(6) The use of environmental, legal, and consulting
services (including services to obtain regulatory approvals)
for the construction of the sports arena.
(7) The financing of administrative and transaction costs
incurred in borrowing funds pursuant to section 201(a),
including costs incurred in connection with the issuance, sale,
and delivery of bonds, notes, or other obligations.
(8) The financing of other activities of the District of
Columbia government associated with the development and
construction of the sports arena, including the reimbursement
of the District of Columbia government or others for costs
incurred prior to the date of the enactment of this Act which
were related to the sports arena, so long as the designated
authority determines that such costs are adequately documented
and that the incurring of such costs was reasonable.
TITLE III--WAIVER OF CONGRESSIONAL REVIEW
SEC. 301. WAIVER OF CONGRESSIONAL REVIEW OF ARENA TAX PAYMENT AND USE
AMENDMENT ACT OF 1995.
Notwithstanding section 602(c)(1) of the District of Columbia Self-
Government and Governmental Reorganization Act, the Arena Tax Payment
and Use Amendment Act of 1995 (D.C. Act 11-115) shall take effect on
the date of the enactment of this Act.
Passed the House of Representatives August 4, 1995.
Attest:
ROBIN H. CARLE,
Clerk.