[House Report 110-518]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-518
======================================================================
TO AMEND THE INTERNATIONAL CENTER ACT TO AUTHORIZE THE LEASE OR
SUBLEASE OF CERTAIN PROPERTY DESCRIBED IN SUCH ACT TO AN ENTITY OTHER
THAN A FOREIGN GOVERNMENT OR INTERNATIONAL ORGANIZATION IF CERTAIN
CONDITIONS ARE MET
_______
January 28, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3913]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3913) to amend the International
Center Act to authorize the lease or sublease of certain
property described in such Act to an entity other than a
foreign government or international organization if certain
conditions are met, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
Purpose of the Legislation
H.R. 3913 amends the International Center Act to authorize
the lease or sublease of certain property described in such Act
to an entity other than a foreign government or international
organization if certain conditions are met.
Background and Need for Legislation
The Vienna Convention of 1962 on Diplomatic and Consular
Relations requires that (1) the sending State locate its
Chancery in the receiving State Capital City; (2) the receiving
State assist the sending State in locating suitable an
affordable space for its Chancery; and (3) the receiving State
provide adequate protection for such facilities. To fulfill
this obligation and provide land for new embassies and
consulates, the U.S. State Department acquired land in the
District of Columbia pursuant to the International Center Act
(``ICA'') (P.L. 90-553). This 47-acre parcel of land, known as
the International Center, is located on Connecticut Avenue and
Van Ness Street, N.W., in Washington D.C. and offers leased
space for foreign government and international organizations.
Intelsat, which is a tenant of the International Center,
was an international commercial cooperative of 142 countries
created in the 1960s that provided global telecommunications
including television, telephone, and data transmission to every
continent. In 1982, consistent with provisions of the ICA, the
State Department entered into a long-term lease with Intelsat
for the land on which Intelsat built its headquarters. In 2000,
Congress enacted the ``Open-market Reorganization for the
Betterment of International Telecommunications Act'' (``ORBIT
Act'') (P.L. 106-180), which privatized Intelsat. With
enactment of the ORBIT Act, Intelsat's lease no longer
satisfied the technical requirements of the ICA.
Summary of the Legislation
Section 1. Amendment to the International Center Act
Section 1 amends the first section of the International
Center Act (P.L. 90-553) by adding new language to permit the
United States to lease or sublease designated property in the
District of Columbia to an entity other than a foreign
government or international organization, provided that the
Secretary of State maintains the right to approve the occupant
and the intended use of the property.
Legislative History and Committee Consideration
On October 22, 2007, Representative Ileana Ros-Lehtinen
introduced H.R. 3913, to amend the International Center Act to
authorize the lease or sublease of certain property described
in such Act to an entity other than a foreign government or
international organization if certain conditions are met.
On January 16, 2008, the Committee on Transportation and
Infrastructure met in open session, and ordered H.R. 3913
reported favorably to the House by voice vote with a quorum
present.
Record 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 record 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 recorded votes taken in connection with ordering H.R.
3913 reported. A motion to order H.R. 3913 reported favorably
to the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(I) 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 in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
authorize the lease or sublease of certain property described
in the International Center Act to an authority other than a
foreign government or international organization if certain
conditions are met.
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 enclosed cost estimate for H.R. 3913
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 18, 2008.
Hon. James L. Oberstar,
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. 3913, a bill to
amend the International Center Act to authorize the lease or
sublease of certain property described in such Act to an entity
other than a foreign government or international organization
if certain conditions are met.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 3913--A bill to amend the International Center Act to authorize
the lease or sublease of certain property described in such Act
to an entity other than a foreign government or international
organization if certain conditions are met
H.R. 3913 would amend current law to allow private entities
to lease certain property at the International Chancery Center
(ICC)--a parcel of land in Washington, DC, owned by the federal
government. Under current law, only foreign governments and
international organizations are eligible to lease property at
the ICC. CBO estimates that H.R. 3913 would have no effect on
the federal budget.
The property specified in H.R. 3913 has been leased to
Intelsat since 1982. Intelsat was established in 1964 as an
international organization, but was privatized in 2001. The
bill would clarify Intelsat's right to continue under its lease
as a private corporation. The Department of State reports that
since being privatized, Intelsat has made all the payments
required under its lease, and CBO expects it would continue to
do so under the bill. H.R. 3913 also would allow Intelsat to
sublet or otherwise transfer its lease to another private
entity, subject to approval of the Secretary of State.
H.R. 3913 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 for this estimate is Sunita D'Monte.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, H.R. 3913 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI
of the Rules of the House of Representatives.
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. 3913 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
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
INTERNATIONAL CENTER ACT
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That in
order to facilitate the conduct of foreign relations by the
Department of State in Washington, District of Columbia,
through the creation of a more propitious atmosphere for the
establishment of foreign government and international
organization offices and other facilities, the Secretary of
State is authorized to develop in coordination with the
Administrator of General Services for, or to sell, exchange, or
lease to foreign governments and international organizations
property owned by the United States in the Northwest section of
the District of Columbia bounded by Connecticut Avenue, Yuma
Street, 36th Street, Reno Road, and Tilden Street, except that
portion of lot 802 in square 1964, the jurisdiction over which
was transferred to the District of Columbia for use as an
educational facility, upon such terms and conditions as the
Secretary may prescribe. Every lease, contract of sale, deed,
and other document of transfer shall provide (a) that the
foreign government shall devote the property transferred to use
for legation purposes, or (b) that the international
organization shall devote the property transferred to its
official uses. Notwithstanding the foregoing limitations, the
property identified by the District of Columbia as tax lots
803, 804, 805, and 806 within the area described in this
section may be leased or subleased to an entity other than a
foreign government or international organization, so long as
the Secretary maintains the right to approve the occupant and
the intended use of the property.
* * * * * * *