[House Report 108-341]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-341

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CONVEYANCE OF B.F. SISK FEDERAL BUILDING AND UNITED STATES COURTHOUSE, 
                               CALIFORNIA

                                _______
                                

November 4, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 1274]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1274) to direct the Administrator 
of General Services to convey to Fresno County, California, the 
existing Federal courthouse in that county, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. CONVEYANCE OF B.F. SISK FEDERAL BUILDING AND UNITED STATES 
                    COURTHOUSE, CALIFORNIA.

  (a) Conveyance Authorized.--Notwithstanding any other provision of 
law, the Administrator of General Services may convey to Fresno County, 
California, for nominal consideration, all right, title, and interest 
of the United States in and to the building and site located at 1130 O 
Street in Fresno, California, known as the B.F. Sisk Federal Building 
and United States Courthouse.
  (b) Timing of Conveyance.--The Administrator may make the conveyance 
under subsection (a) only after the completion of construction of a new 
Federal courthouse in Fresno County and the relocation of the tenants 
in the building referred to in subsection (a) to the new Federal 
courthouse.
  (c) Restrictions on Use.--
          (1) In general.--The deed for the conveyance under subsection 
        (a) shall include a covenant that provides that the property 
        will be used for public use purposes, and specifically provides 
        for substantial use of the property for the administration of 
        justice.
          (2) Reversion.--If the Administrator determines that the 
        property is not being used for the purposes described in 
        paragraph (1), all right, title, and interest in and to the 
        property shall revert to the United States, at the option of 
        the United States.
          (3) Expiration.--The reversionary interest of the United 
        States in the property under this subsection shall expire 20 
        years after the date of the conveyance.
  (d) Additional Terms and Conditions.--The Administrator may require 
such additional terms and conditions in connection with the conveyance 
under subsection (a) as the Administrator considers appropriate to 
protect the interests of the United States.
  (e) Application of Other Laws.--This section is not subject to the 
provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11301 et seq.).

                       PURPOSE OF THE LEGISLATION

    H.R. 1274 directs the Administrator of the General Services 
to transfer the United States Courthouse located in Fresno, 
California to Fresno County, California upon completion of the 
new courthouse under construction.

                BACKGROUND AND NEED FOR THE LEGISLATION

    Originally introduced by Mr. Dooley, Mr. Radanovich, Mr. 
Cardoza, and Mr. Nunes, H.R. 1274 authorizes the Administrator 
of General Services to convey the building located at 1130 
``O'' Street in Fresno, known as the B.F. Sisk Federal Building 
and United States Courthouse, to Fresno County, California. The 
conveyance will take place after the General Services 
Administration completes a new courthouse in Fresno, 
California. The bill requires that the courthouse remain in use 
as a public building and courthouse.

                       SUMMARY OF THE LEGISLATION

Section 1. Conveyance

    This section instructs the Administrator of General 
Services to convey the United States Court House to Fresno 
County, California. It also includes a number of requirements 
that must be met prior to the conveyance. This section requires 
that the Administrator only convey the courthouse after the 
completion and occupancy of a new courthouse under 
construction. This section also requires that the conveyance 
include a 20-year reversionary clause that the courthouse be 
used for public use purposes. This section also allows the 
Administrator to include such other terms and conditions as are 
deemed necessary. Finally, the section exempts this building 
from the provisions of the McKinney-Vento Homeless Assistance 
Act.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    On September 24, 2003, the Subcommittee met in open session 
and considered H.R. 1274, a bill to authorize the Administrator 
of General Services to convey to Fresno County, California the 
B.F. Sisk Federal Building and United States Courthouse located 
at 1130 O Street in Fresno, California. The Subcommittee 
adopted an amendment offered by Mr. LaTourette unanimously, by 
voice vote, with a quorum present. A motion by Ms. Norton to 
order H.R. 1274, as amended, favorably reported to the Full 
Committee was agreed to unanimously, by voice vote with a 
quorum present. There were no recorded votes taken during 
Subcommittee consideration of H.R. 1274, as amended.
    On October 1, 2003, the Full Committee met in open session 
and ordered reported H.R. 1274, as amended. A motion by Mr. 
LaTourette to order H.R. 1274, as amended, favorably reported 
to the House was agreed to unanimously, by voice vote with a 
quorum present. There were no recorded votes taken during 
consideration of H.R. 1274, as amended.

                             ROLLCALL 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 roll call 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 roll call votes taken in ordering H.R. 1274, as 
amended, favorably reported.

                      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 below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee advises that the bill contains no measures that 
authorizes funding, so no statement of general performance and 
objectives is required.
    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 following cost estimate for H.R. 
1274 from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 22, 2003.
Hon. Don Young,
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. 1274, a bill to 
direct the Administrator of General Services to convey to 
Fresno County, California, the existing federal courthouse in 
that county.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1274--A bill to direct the Administrator of General Services to 
        convey to Fresno County, California, the existing federal 
        courthouse in that county

    H.R. 1274 would allow the Administrator of the General 
Services Administration (GSA) to convey the B.F. Sisk Federal 
Building and United States Courthouse located in Fresno, 
California to Fresno County, California. CBO estimates that 
this conveyance would not have a significant impact on the 
federal budget.
    H.R. 1274 would require that the conveyance be made after a 
new federal courthouse is constructed and the tenants in the 
B.F. Sisk Federal Building are relocated. In addition, the 
legislation would require that the property be used for public 
purposes, including the administration of justice, for up to 20 
years. Finally, the bill would require that the county pay a 
nominal consideration for the property.
    Based on information from GSA, CBO expects that the 
property will be reported as surplus to the federal government 
after a new federal courthouse is completed in Fresno County in 
May 2005. Under current law, surplus property may be made 
available for use by the homeless at little or no cost before 
offering the property for negotiated or public sale. Any cash 
payments resulting from negotiated or public sales are 
deposited in the Treasury as off setting receipts (a credit 
against direct spending).
    Based on an environmental assessment of the building 
prepared by a private environmental consulting firm and 
information from GSA, CBO expects that the Department of 
Housing and Urban Development would find the building to be 
suitable for use by the homeless and that, under current law, 
it would likely be conveyed for that purpose at no cost after 
2005. Thus CBO estimates that conveying the building at little 
or no cost to Fresno County, California would not result in a 
loss of offsetting receipts from the sale of this building.
    H.R. 1274 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 is Matthew Pickford. This estimate 
was approved by Robert A. Sunshine, Assistant Director for 
Budget Analysis.

                   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 H.R. 1274 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

    H.R. 1274, as amended, makes no changes in existing law.