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[House Report 110-518]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-518

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    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.

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