S. 1550 (100th): Federal Triangle Development Act

100th Congress, 1987–1988. Text as of Aug 21, 1987 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPOStatutes at Large

PUBLIC LAW 100-113—AUG. 21, 1987                                     101 STAT. 735

Public Law 100-113
100th Congress
                                     An Act
To complete the Federal Triangle in the District of Columbia, to construct a public       Aug. 21, 1987
  building to provide Federal office space and space for an international cultural and
  trade center, and for other purposes.                                                     [S. 1550]

 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled.                                          Federal Triangle
                                                                                         Development
SECTION 1. SHORT TITLE.                                                                  Act.
  This Act may be cited as the "Federal Triangle Development                             40 uscTfo/
Act".                                                                                    note.
SEC. 2. FINDINGS AND PURPOSES.                                                           40 u s e 1101.
   (a) FINDINGS.—The Congress finds and declares that—
        (1) it is in the national interest to build a Federal building
      complex and establish an international cultural and trade
      center on the Federal Triangle property in the District of
      Columbia;
        (2) development of such a Federal building complex will
      permit consolidation of a number of Federal agencies which are
      currently housed in numerous, scattered locations and will
      enable more economical and efficient use of building space and
      environs;
        (3) inclusion of an international cultural and trade center
 •^ within the Federal building complex will create and enhance
      opportunities for American trade, commerce, communications,
      and cultural exchanges with other nations and complement the
      work of Federal, State, and local agencies in the areas of
      international trade and cultural exchange; and
        (4) the appropriate development, maintenance, and use of the
      Federal Triangle property should be a joint development effort
      of the General Services Administration, the Pennsylvania
      Avenue Development Corporation, and the International Cul-
      tural and Trade Center Commission.
   (h) PURPOSES.—The purposes of this Act are as follows:
        (1) To transfer the Federal Triangle property from the
      Administrator of General Services to the Pennsylvania Avenue
      Development Corporation.
'        (2) To grant to the Corporation the power of eminent domain
      to acquire certain properties and rights-of-way adjacent to the
      Federal Triangle site and to authorize the Corporation to exer-
      cise such power as may be necessary to further the public
      interest.
        (3) To authorize the Corporation, after consultation with the
      Secretary of State, the Administrator, and the Commission, to
      prepare plans for development of such property.
        (4) To establish a process for review and selection of such
      plans and, after completion of such review process, to authorize
      the Corporation to enter into an agreement with a private
      developer selected for the development of such property.

101 STAT. 736 PUBLIC LAW 100-113—AUG. 21, 1987 (5) To ensure that the design and construction of the Federal building complex on such property will insofar as practicable be in accordance with the guiding principles for Federal architec- ture recommended by the Committee on Federal Office Space in 1962 which require among other things that facilities to be used by Federal agencies be efficient and economical and that public 6-t buildings provide visual testimony to the dignity, enterprise, vigor, and stability of the Federal Government. V|\ (6) To provide for establishment, operation, and maintenance of a self-sustaining international cultural and trade center in such complex. 40 u s e 1102. SEC. 3. FEDERAL TRIANGLE PROPERTY. 1-' s - . n-ii. .,. , (a) TRANSFER TO PADC.— (1) GENERAL RULE.—Subject to such terms and conditions as i'iirBLu the Administrator and the Corporation may establish, the Administrator shall transfer, Avithout compensation, to the Cor- poration title to the Federal Triangle property for development . under this Act. ifv (2) DURATION OF TRANSFER.—Title to the Federal Triangle property shall revert to the Administrator at such time as the lO Administrator and the Corporation agree but not later than the date on which ownership of the building to be constructed on such property under section 5 vests in the United States. On , and after such date, title to such building shall be in the Administrator. (3) LEGAL DESCRIPTION.—The exact acreage and legal descrip- tion of the Federal Triangle property shall be based upon surveys which are satisfactory to the Administrator and the Corporation. 0)) ADJOINING PROPERTY AND RIGHTS-OF-WAY.— (1) ACQUISITION.—The Corporation may acquire by purchase, exchange, condemnation, or otherwise such additional property or improvements or interest therein (including any portion of any street, roadway, highway, alley, or right-of-way and any easements to and air rights on or above any public lands or rights-of-way) as are necessary for development of the Federal Triangle property. tj: (2) TRANSFER TO GSA.—At the time title to the Federal Tri- 9. angle property reverts to the Administrator under subsection (a), the Corporation shall transfer to the Administrator, without compensation, title to any property or interest therein acquired under this subsection and improvements thereon. ^ 40 u s e 1103. SEC. 4. DEVELOPMENT PROPOSAL. (a) PREPARATION AND CONTENTS.—The Corporation shall prepare a written proposal for development of the Federal Triangle property which shall include, but not be limited to, the following: (1) A narrative description of the building to be constructed on the Federal Triangle property, including a description of the jij types of uses both public and private to be permitted in the building. (2) A comprehensive plan prepared by the Administrator for providing space for Federal officers and employees in the building. (3) A plan for inclusion of an international cultural and trade center comprising not to exceed 500,000 occupiable square feet.
PUBLIC LAW 100-113—AUG. 21, 1987 101 STAT. 737 including a leasing plan prepared by the Commission for occu- pancy of such center and a plan for permitting conversion of space not used for such center to office space. (4) A comprehensive plan for providing security for the build- ing and its occupants and contents. (5) A comprehensive plan for providing parking for motor vehicles of occupants of and visitors to the building and for ! providing access to the building by delivery and service vehicles. (6) A statement prepared by the Administrator of rents and other housing costs currently being paid by the United States ] for Federal agencies to be housed in the building. ' (7) Design criteria for the building. (8) An estimate of the cost of construction of the building and ^ of the annual cost to the United States of leasing the building ^ under section 6. (9) Environmental impact documentation for development Environmental of the Federal Triangle property under Federal laws and protection. "^ regulations. (10) An analysis of the economic impact in the metropolitan area which includes the District of Columbia of development of the Federal Triangle property. 'i (11) Terms and conditions approved by the Administrator for inclusion in the lease agreement under section 6. (b) LIMITATIONS.— (1) SIZE OF BUILDING.—The building (including parking facili- ties) to be constructed on the Federal Triangle property may not exceed 3,100,000 gross square feet in size. ' (2) HEIGHT OF BUILDING.—The height of the building shall be t compatible with the height of surrounding Government buildings. 5^ (3) DESIGN.—The building shall be designed in harmony with r historical and Government buildings in the vicinity, shall re- flect the sjmibolic importance and historic character of Penn- sylvania Avenue and the Nation's Capital, and shall represent the dignity and stability of the Federal Government. (c) CONSULTATION REQUIREMENT.—In preparing the development proposal under subsection (a), the Corporation shall consult the Secretary of State, the Administrator, and the Commission. ^ ,^ (d) DUTIES OF THE ADMINISTRATOR AND COMMISSION.— *^ ' ' (1) ADMINISTRATOR.—The Administrator shall prepare and submit to the Corporation for inclusion in the development proposal under subsection (a)— (A) a comprehensive plan for providing space for Federal officers and employees in the building to be constructed on ' the Federal Triangle property; >. . (B) a statement of rents and other housing costs currently being paid by the United States for Federal agencies to be f-, housed in the building; and (C) a list of terms and conditions which the Administrator has approved for inclusion in the lease agreement to be entered into under section 6. (2) COMMISSION.—The Commission shall prepare and submit to the Corporation for inclusion in the development proposal under subsection (a) a leasing plan for occupancy of the inter- national cultural and trade center under section 8. (e) REVIEW AND APPROVAL OF DEVELOPMENT PROPOSAL BY G S A AND OTHERS.—
101 STAT. 738 PUBLIC LAW 100-113—AUG. 21, 1987 (1) SUBMISSION FOR REVIEW.—As soon as practicable but not *'•' later than 365 days after the date of the enactment of this Act, the Corporation shall submit the development proposal pre- pared under subsection (a) to the General Services Admin- istration, the Commission, the National Capital Planning Commission, and the Commission of Fine Arts. (2) APPROVAL OR RECOMMENDED MODIFICATIONS.—Not later than 60 days after the date of submission of the development proposal under paragraph (1), each governmental entity re- ' ferred to in paragraph (1) shall notify the Corporation of ap- proval or recommended modifications of the development ' ^ proposal. If such governmental entity does not notify the Cor- ..j poration of its approval or recommended modifications of the '^^ proposal within such 60-day period, such governmental entity shall be deemed to have approved the proposal. . ,^ p (3) CONSULTATION.—In the event a governmental entity re- ferred to in paragraph (1) submits recommended modifications J. p of the development proposal within the 60-day period described %.^ in paragraph (2), the Corporation shall consult such entity regarding such modifications and may modify such proposal to , take into account one or more of such recommended modifications. if) SUBMISSION FOR CONGRESSIONAL REVIEW.—Not later than 150 days after the date of submission of the development proposal to governmented entities under subsection (eXD, the Corporation shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives for review and approval the develop- ment proposal with any modifications made under subsection (eX3), a statement of the areas of difference between such proposal and the recommended modifications of each such governmental entity, and the views of the Corporation with respect to such differences. (g) FUNDING.—Not later than 60 days after the date of the enact- ment of this Act, the Administrator shall transfer from amounts appropriated to the Administrator $800,000 to the Corporation for carrjring out this section. 40 u s e 1104. SEC. 5. CONSTRUCTION OF BUILDING. (a) SELECTION PROCESS.— J (1) GENERAL RULE.—Upon approval of the development pro- posal submitted under section 4(f) by resolutions adopted by the •i- Committee on Environment and Public Works of the Senate j and the Committee on Public Works of the House of Represent- atives, the Corporation in accordance with its policies and f,I procedures for a development competition, shall select a person to develop the Federal Triangle property. (2) CONSULTATION REQUIREMENT.—In selecting a person to ir develop the Federal Triangle property, the Corporation shall A consult the Administrator and the Commission. (3) COMPETITION.—The Corporation shall conduct a competi- tion for selection of a person to develop the Federal Triangle property. Such competition shall be conducted in accordance with the existing policies and procedures of the Corporation for ^ a development competition. - (4) PROHIBITION ON PAYMENTS FOR BIDS AND DESIGNS.—The Corporation may not make any payment to £uiy person for any
PUBLIC LAW 100-113—AUG. 21, 1987 101 STAT. 739 bid or design proposal under the competition conducted under >; -^ s this subsection. (b) DEVELOPMENT AGREEMENT.— Contracts. (1) AUTHORITY TO ENTER.—The Corporation may enter into an agreement for the development of the Federal Triangle prop- erty in accordance with the development proposal approved under subsection (a) with the person selected to develop the Federal Triangle property, (2) CONTENTS.—The development agreement under paragraph (1) shall at a minimum provide for the following: (A) The construction of a building on the Federal Triangle property in accordance with the architectural .. .^ plans and specifications selected under the development competition. (B) Ownership of such property and building will be by the United States; except that the person selected under subsection (a) may own such building for a term not to exceed 35 years beginning on the date on which construc- tion of such building commences. (C) The Administrator to lease such building from such person for the term determined under subparagraph (B). (D) Inspection of such building during construction by the y - n Administrator and the Corporation. The ^ r e e m e n t shall include a copy of the lease agreement and technical directives and specifications prepared by the Adminis- trator entered into by the Administrator and such person under section 6. (c) CONNECTION WITH RAIL SYSTEM.—The building to be con- structed under this section may be connected with the rapid rail system operated by the Washington Metropolitan Area Transit Authority via a station located on the Federal Triangle property. The construction cost of making such connection shall be the respon- sibility of the person selected to develop the Federal Triangle prop- erty. The Washington Metropolitan Transit Authority may not charge any fee or other amount for the connection of such building to such rail system. (d) CONSTRUCTION STANDARDS AND INSPECTION.—The building con- structed under this section shall meet all standards applicable to construction of a Federal building. During construction, the Administrator and the Corporation shall conduct periodic inspec- tions of such building for the purpose of assuring that such stand- ards are being met. (e) TREATMENT OF P A D C . — F o r purposes of any State or local law (including laws relating to taxation and building permits and inspec- tions), the Corporation with respect to development of the Federal Triangle property shall be treated as the Genersil Services Adminis- tration is treated with respect to acquisition and construction of a Federal building. (f) APPUCABIUTY OF CERTAIN LAWS.—Any person who enters into Taxes. an agreement with the Corporation under subsection (b) for develop- ment of the Federal Triangle property shall not, with respect to such development, be subject to any State or local law relating to building permits and building inspection. Such property and any improvements to such property shall not be subject to real and personal property taxation, or special assessments. (g) TREATMENT OF FEDERAL TRIANGLE DEVELOPMENT AREA.—For purposes of the Pennsylvania Avenue Development Corporation Act 91-194 O - 90 - 25 : QL.3 Part 1
101 STAT. 740 PUBLIC LAW 100-113—AUG. 21, 1987 40 use 871 note, of 1972 (other than section 5), the Federal Triangle development area shall be treated as being a part of the development area c.jru . described in section 2(f) of such Act (40 U.S.C. 871(f)). The Corpora- tion shall have the same authority with respect to the Federal Triangle development area as it has with respect to the development area described in such section 2(f). (h) POWERS OF THE CORPORATION.—The Corporation shall have with respect to its duties under this Act any powers which the Corporation has under section 6 (other than paragraphs (9) and (10)) of the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 875) with respect to its duties under such Act. The Corporation may enter into agreements with any Federal agency or the Commission with respect to this Act, or as permitted or au- thorized by 31 U.S.C. 1535. (i) AUTHORIZATION OF APPROPRIATION.—There is authorized to be appropriated, from the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)), to the Administrator for transfer to the Corporation for carrying out this section and section 4 $3,700,000 for fiscal year 1988. Such sums shall remain available until expended. Contracts. SEC. 6. LEASE OF BUILDING BY GSA. (a) ENTRY INTO AGREEMENT.—Before the development agreement is entered into under section 5, the Administrator shall enter into with the person selected to construct the building under section 5 an agreement for the lease of such building for Federal office space and the international cultural and trade center space. (b) TERMS OF AGREEMENT.—The agreement entered into under this section shall include at a minimum the following terms: (1) The Administrator will lease the building for the term that the person selected to construct the building owns the building. (2) The rental rate per square foot of occupiable space for all space in the building will be in the best interest of the United , States and carry out the objectives of this Act, but in no case may the aggregate rental rate for all space in the building produce an amount less than the amount necessary to amortize the cost of development of the Federal Triangle property over the term of the lease. (3) Obligations of funds from the Federal Building Fund shall only be made on an annual basis to meet lease pa3mients. (4) The Administrator will be permitted to sublease to the Commission for establishment, operation, and management of the international cultural and trade center under section 8. (c) ACCOUNTING SYSTEM.—The Administrator shall maintain an accounting system for operation and maintenance of the building to be constructed under section 5 which will permit accurate projec- tions of the dates and the costs of major repairs, improvements, ^.xt reconstructions, and replacements of such building and other capital expenditures on such building. The Administrator shall take such action as may be necessary to assure that funds are available to cover such projected costs and expenditures. (d) OBUGATION OF FUNDS.—Obligation of funds to make lease pa3mrients under this section may only be made on an annual basis and from amounts in the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)).
PUBLIC LAW 100-113—AUG. 21, 1987 101 STAT. 741 SEC. 7. INTERNATIONAL CULTURAL AND TRADE CENTER COMMISSION. 40 USC 1106. (a) EsTABUSHMENT.—There is established a commission to be known as the International Cultural and Trade Center Commission. (b) DUTIES OF COMMISSION.—The duties of the Commission are as follows: (1) To participate in accordance with section 4 in the planning of the building to be constructed under section 5. (2) To enter into an agreement with the Administrator under Contracts. section 8 for the lease of space in the building constructed under section 5 for establishment, operation, and maintenance of an international cultural and trade center. (3) To operate and manage any space leased under section 8 in accordance with the objectives of this Act. (4) To prepare under section 8 an annual report on the Reports, operation and management of such space. (c) MEMBERSHIP.— (1) NUMBER AND APPOINTMENT.—The Commission shall be composed of 15 members as follows: (A) The Secretary of State or his delegate, ^ (B) The Secretary of Commerce or his delegate. (C) The Secretary of Agriculture or his delegate. (D) The United States Trade Representative or his delegate. (E) The Administrator or his delegate. (F) The Director of the United States Information Agency '*^^^« ^S^-' J3 L^i or his delegate. (G) The Chairman of the Corporation or his delegate. (H) The Mayor of the District of Columbia or his delegate. (I) The Chairman of the National Endowment for the -Mi Arts or his delegate. (J) 6 individuals appointed by the President one of whom shall be a resident and registered voter of the District of Columbia and all of whom shall be specially qualified to serve on the Commission by virtue of their education, training, or experience in international trade, commerce, ^d: cultural exchange, finance, business, or management of facilities similar to the international cultural and trade center described in section 8. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (2) TERMS.— (A) GENERAL RULE.—Except as provided in subparagraph (B), the terms of office of the private sector Members first ft taking office shall begin on the date of the enactment of this Act and shall expire as designated at the time of appointment, two at the end of two years, two at the end of four years, and two at the end of six years. (B) FiLUNG A VACANCY.—Any member of the Commission 9ft. appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A '^ ' member may serve after the expiration of his term until his successor has taken office. (3) PAY.—Members of the Commission shall serve without ei pay; except that any member of the Commission appointed under paragraph (IXJ) shall while attending meetings of and
101 STAT. 742 PUBLIC LAW 100-113—AUG. 21, 1987 attending hearings held by the C!ommission be entitled to travel or transportation expenses in accordance with section 5703 of title 5, United States Code. (4) QUORUM.—8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (5) DESIGNATION OF CHAIRMAN.—The Chairman and Vice Chairman of the Commission shall be designated by the Presi- ^Mrtk } dent; except that the Chairman may only be designated from individuals appointed under paragraph (IXJ). * i (6) MEETINGS.—The Commission shall meet at the call of the - Chairman but no less often than every 4 months. * ; (d) STAFF OF COMMISSION.— (1) GENERAL RULE.—The Commission shall have a staff, ar>-j h '• including an executive director. Such staff shall be composed of individuals who may either be appointed under paragraph (2) or detailed under paragraph (3); except that the staff of the 5 Commission may not at any time be composed of more than 15 individuals. (2) AUTHORITY TO APPOINT.—The Commission may appoint and fix the pay of not to exceed 10 individuals, including an individual to serve as the executive director of the Commission. I Staff appointed under this paragraph shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in 5 use 5101 accordance with the provisions of chapter 51 and subchapter III ^^ « ^ of chapter 53 of such title relating to classification and General 5 use 5332 note Schedule pay rates; except that— (A) the individual appointed to serve as the executive ^1^ 3 director and one other individual appointed to the staff of the Commission may be appointed and compensated with- t: out regard to such provisions; and l- (B) the pay of any individual (other than the 2 individuals referred to in subparagraph (A)) appointed under this para- graph shall be at a rate not to exceed the maximum rate of ,fe basic pay payable for GS-17 of the General Schedule. '\i (3) DETAIL.—Subject to paragraph (1), upon request of the s Commission, the Secretary of State, the Secretary of Commerce, the Secretary of Agriculture, the Special Trade Representative, n the Administrator, and the Director of the United States Information Agency may detail, on a reimbursable basis, such of the personnel of the department or agency such person heads as may be necessary to assist the Commission in carrying out its duties under this Act. (e) OFFICE SPACE AND SUPPUES.—Upon request of the Commission, the Secretary of State, the Secretary of Commerce, the Secretary of Agriculture, the Special Trade Representative, the Administrator, and the Director of the United States Information Agency may provide, on a reimbursable basis, such office space, supplies, equip- ment, and other support services as may be necessary for the Commission to carry out its duties under this Act. (f) POWERS OF COMMISSION.— a; (1) HEARINGS AND SESSIONS.—The Commission may, for the purpose of carrying out its duties under this Act, hold such t- hearings, sit and act at such times £uid places, take such testi- 'h mony, and receive such evidence, as the Commission considers b: appropriate.
PUBLIC LAW 100-113—AUG. 21, 1987 101 STAT. 743 (2) POWERS OF MEMBERS AND AGENTS.—Any member or gigent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by ^. this subsection. , ,.,5, , ,^f ^^ (3) OBTAINING OFFICIAL DATA.—The Commission may obtain from any department or agency of the United States informa- tion necessary to enable it to carry out its duties under this Act. Upon request of the Chairman of the Commission, the head of .«jy •: .;> such department or agency shall furnish such information to the Commission. (4) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. (5) MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) AUTHORITY TO CONTRACT OUT.—Subject to applicable provi- sions of law, the Commission may enter into such contracts or agreements as the Commission considers appropriate to carry , out any of its duties under this Act. (7) EXPERTS AND CONSULTANTS.—The Commission may pro- cure temporary and intermittent services under section 31090t)) of title 5 of the United States Code. (g) LIMITATION ON EXPENSES.— (1) MAXIMUM AMOUNT.—The maximum amount of expenses *»!>:•»« (including salaries, travel expenses, expenses for temporary and intermittent services, expenses under contracts or agreements entered into under subsection (f)(7), and supply expenses) which the Commission may incur in any fiscal year may not exceed $1,000,000 in any fiscal year. (2) ADJUSTMENT FOR INFLATION.—Any dollar amount referred to in this subsection, subsection (h)(3), and section 8(d) may be adjusted by the Commission annually to reflect a percentage increase or decrease in the Consumer Price Index for All Urban Consumers for the preceding calendar year, as determined by the United States Department of Labor, Bureau of Labor Statistics. (h) FUNDING.— (1) REQUESTS FOR TRANSFERS.—If the Commission incurs any expenses in carrying out its duties under this Act, the Commis- sion may request the Secretary of State, the Administrator, or any other Federal official referred to in subsection (c)(1) to transfer to the Commission an amount equal to such expenses from funds appropriated to such official. (2) AUTHORITY FOR TRANSFERS.—Subject to paragraphs (3) and (5), any official referred to in paragraph (1) may transfer such amounts from funds appropriated to such official as may be necessary to enable the Commission to carry out its duties under this Act. ^' (3) MAXIMUM AMOUNT OF REQUESTS AND TRANSFERS.—The aggregate amount of requests for transfers, and the aggregate amount of transfers, under this subsection may not exceed $1,000,000 in any fiscal year. (4) DEPOSIT OF RECEIPTS.—The Commission shall deposit all amounts it receives under this subsection into the account established by section 8(d). (5) LIMITATION ON EFFECT.—This subsection shall not be effec- tive with respect to any fiscal year beginning after the last day
101 STAT. 744 PUBLIC LAW 100-113—AUG. 21, 1987 of the 2-year period beginning on the first day the Commission deposits under section 8(c) funds into the account established by section 8(d). 40 use 1107. SEC. 8. OPERATION AND MANAGEMENT OF INTERNATIONAL CULTURAL AND TRADE CENTER. ., (a) LEASE OF SPACE.— Contracts. 'i (1) AGREEMENT.—The Administrator and the Commission c shall enter into an agreement for the Commission to lease from the Administrator not to exceed 500,000 square feet of occupi- "^ able space in the building to be constructed under section 5 to serve as an international cultural and trade center. s- (2) SIZE.—The Commission shall determine the amount of I space necessary for operation of the international cultural and trade center based upon demand, except that such space may not exceed 500,000 square feet of occupiable space. Upon certifi- '« cation of such demand by the Commission, the Administrator \ shall lease such amount of space to the Commission. (3) TERMS.—The agreement entered into under this subsection shall include at a minimum the following terms: International (A) The Commission will be permitted to sublease its organizations. space in such building to foreign missions, commercial State and local establishments sponsored by foreign governments, and governments. international cultural and trade organizations, including domestic organizations and State and local governments. (B) All space leased by the Commission from the Adminis- trator will be at such rate as the Administrator and the fos^u.? Commission may agree but not less than the rate estab- lished under section 60t)X2) plus such amount as the Administrator determines is necessary to pay on an annual basis for the costs of administering such building (including operation, maintenance, and rehabilitation costs) which are attributable to such space. (C) Such terms relating to default and nonperformance as the Administrator considers appropriate to protect the in- terests of the United States. (b) ESTABUSHMENT OF CENTER.— (1) BY COMMISSION.—The Commission shall establish, operate, and meiintain an international cultural and trade center in the space leased from the Administrator under subsection (a). (2) CONTENTS.—The international cultural and trade center may include the following: (A) Office space for foreign missions and domestic and international organizations involved in international trade 34J or cultural activities. (B) A world exhibition center providing space for exhibits from foreign nations. (C) An international bazaar providing space for commer- cial establishments sponsored by foreign governments. (D) An international center providing a centralized for- eign trade reference facility, conference and meeting facili- II ties, and audio-visual facilities for translating foreign jr languages. (E) Such other facilities as are consistent with the objec- 'Ti0fie tives of this section. XBb k (3) SUBLEASING OF S P A C E . ^ i^^mn YVIB OJ - >oq . >T -' S / I '
PUBLIC LAW 100-113—AUG. 21, 1987 101 STAT. 745 Ion »,tfrri (A) AGREEMENTS.—The Commission may enter into agree- Contracts. ments with foreign missions and international cultural and International organizations. trade organizations (including domestic organizations and State and local State and local governments) to sublease any or all of the governments. space it leased from the Administrator under subsection (a). iO t Space subleased to such missions and organizations may only be used for establishment of trade centers and exhibi- tions, offices, and commercial establishments described in paragraph (2) and such other facilities as the Commission determines are consistent with an international cultural and trade center. (B) TERMS AND CONDITIONS.—An agreement entered into under this subsection shall be subject to such terms and -im conditions as the Commission determines are appropriate to carry out the objectives of this Act. The rental rate per square foot of occupiable space for space subleeised under this subsection shall be determined in accordance with subsection (c); except that the Commission may adjust such rate with respect to any space sublesised to a foreign mis- sion in accordance with the recommendations of the Sec- m retary of State acting in accordance with section 204(b) of IB» the State Department Basic Authorities Act of 1956 (22 U.S.C. 4304(b)). The Secretary of State may reimburse the Commission for any expenses which are incurred by the .vi.c- Commission as a result of making adjustments in the rental rate for space under this subparagraph. (4) REFERENCE FACIUTY AND CULTURAL EVENTS.—The Commis- sion may establish in a portion of the space leased from the Administrator under this section a centralized foreign trade reference facility and conference and meeting facilities and audio-visual facilities for translating foreign languages. The Commission may permit cultural events and other activities to be held in a portion of such space. The Commission shall establish in accordance with subsection (c) fees and charges for— (A) the use of such facilities and auditorium, and (B) the holding of such events and activities. I) (c) RENTS AND FEES.— (1) ESTABUSHMENT OF AMOUNT.—The Commission shall estab- lish the amounts of fees under subsection Ot))(4), and establish a rental rate for space sublesised under subsection (b)(3), taking into account the objectives of this section and the best interests of the United States. In any fiscal year beginning after the last day of the 2-year period beginning on the first day the Commis- sion deposits under this subsection funds into the account estab- lished under subsection (d), the aggregate amount of such fees and rent shall not be less than the cost to the Commission of suble£ising space from the Administrator under subsection (a) in 301 r such fiscal year plus the expenses (including salaries, travel expenses, expenses for temporary and intermittent services, expenses under contracts or agreements entered into under subsection 7(fK7), supply expenses and any reimbursable ex- penses) incurred by the Commission in carrying out its duties under this Act in such fiscal year. (2) COLLECTION.—The Commission shall collect— (A) rent for space subleased under subsection (b); and (B) fees and charges under subsection (b).
101 STAT. 746 PUBLIC LAW 100-113—AUG. 21, 1987 (3) DEPOSIT.—The Commission shall deposit all amounts col- lected under this subsection and all amounts transferred by the Secretary of State to the Commission under subsection (bX3XB) into the account established under subsection (d). (d) SEPARATE ACCOUNT.— (1) EsTABUSHMENT.—There is established in the Treasury of the United States a separate account. (2) CONTENTS.—The account shall include all amounts depos- ited by the Commission under subsection (c) and section 7(h). (3) AvAiLABiuTY.—Amounts in the account established under this subsection shall be available to the Commission to pay— (A) all rents owed to the Administrator for lease of space i under subsection (a); and (B) all expenses (including salaries, travel expenses, ex- penses for temporary and intermittent services, expenses under contracts or agreements entered into under section 7(fK7), and supply expenses) incurred by the Commission in carrying out its duties under this Act but not exceeding $1,000,000 in any fiscal year. (4) PAYMENTS.—The Commission shall pay, from amounts in the account established by this subsection— (A) for lease of space under subsection (a) on an annual basis amounts owed to the Administrator for deposit into the fund established by section 210(f) of the Federal Prop- i erty and Administrative Services Act of 1949 (40 U.S.C. 490(f)); and •s:~ (B) all expenses incurred by it in carrying out its duties under this Act but not exceeding $1,000,000 in any fiscal year. (5) TRANSFER OF EXCESS FUNDS.—Periodically, but not less often than once per fiscal year, funds which the Commission determines are in excess of those needed to make the payments described in paragraph (4) shall be transferred by the Commis- sion from the account established under this subsection to the *. fund established under section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). (h) ANNUAL REPORT AND BUDGET.—The Commission shall prepare and transmit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transpor- tation of the House of Representatives (1) an annual report in January of each calendar year on the operation and management of the space leased by the Commission under subsection (a) and the international cultural and trade center, and (2) a budget for such fiscal year for operation, maintenance, and alteration of such center, including amounts received and projected to be received by the Commission in such fiscal year and expenses incurred and projected to be incurred by the Commission in such fiscal year. 40 u s e 1108. SEC. 9. DESIGNATION OF DEPARTMENTAL AUDITORIUM, (a) The Departmental Auditorium, located on the Federed Tri- angle between the Custom Service building and Interstate Com- merce Commission building on Constitution Avenue, shall hereafter be known and designated as the "Andrew W. Mellon Auditorium". (b) Any reference in any law, regulation, document, record, map or other paper of the United States to the auditorium referred to in subsection (a) is deemed to be a reference to the "Andrew W. Mellon Auditorium".
PUBLIC LAW 100-113—AUG. 21, 1987 101 STAT. 747 SEC. 10. DEFINITIONS. 40 USC 1109. As used in this Act— (1) ADMINISTRATOR.—The term "Administrator" means the Administrator of General Services. a (2) COMMISSION.—The term "Commission" means the Inter- ''' -' ' national Cultural and Trade Center Commission established by section 7. (3) CORPORATION.—The term "Corporation" means the Penn- sylvania Avenue Development Corporation. \ (4) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term "Fed- eral Triangle development area" means the area which begins at a point on the southwest corner of the intersection of Four- £ teenth Street and Pennsylvania Avenue (formerly E Street), Northwest; thence southerly along the west side of Fourteenth J Street to the northwest corner of the intersection of Fourteenth Street and Constitution Avenue, Northwest; thence easterly along the north side of Constitution Avenue to the northeast \ corner of the intersection of Twelfth Street Eind Constitution Avenue, Northwest; thence northerly along the east side of Twelfth Street and Constitution Avenue, Northwest; thence '! northerly along the east side of Twelfth Street to the southeast corner of the intersection of Twelfth Street and Pennsylvania Avenue, Northwest; thence westerly along the south side of Pennsylvania Avenue to the point of beginning being the south- I west corner of the intersection of Fourteenth Street and Penn- sylvania Avenue (formerly E Street), Northwest. (5) FEDERAL TRIANGLE PROPERTY.—The term "Federal Triangle -J property" means— ' (A) the property owned by the United States in the District of Columbia, known as the "Great Plaza" site, 4pj;, which consists of squares 256, 257, 258, parts of squares 259 .' and 260, and adjacent closed rights-of-way as shown on plate IV of the King Plats of 1803 located in the Office of the Surveyor of the District of Columbia; and b /•. (B) any property acquired by the Corporation under sec- tion 3(b); except that for purposes of section 3 such term does not include any property referred to in subparagraph (B). P Approved August 21, 1987. nriqili^ LEGISLATIVE HISTORY—S. 1550: SENATE REPORTS: No. 100-139 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 133 (1987): Aug. 5, considered and passed Senate. Aug. 7, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Aug. 22, Presidential statement.