[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.