PUBLIC LAW 104–28—SEPT. 6, 1995 109 STAT. 267

Public Law 104–28

104th Congress

An Act

To permit the Washington Convention Center Authority to expend revenues for

the operation and maintenance of the existing Washington Convention Center

and for preconstruction activities relating to a new convention center in the

District of Columbia, to permit a designated authority of the District of Columbia

to borrow funds for the preconstruction activities relating to a sports arena

in the District of Columbia and to permit certain revenues to be pledged as

security for the borrowing of such funds, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘District of

Columbia Convention Center and Sports Arena Authorization Act

of 1995’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—CONVENTION CENTER

Sec. 101. Permitting Washington Convention Center Authority to expend revenues

for convention center activities.

TITLE II—SPORTS ARENA

Sec. 201. Permitting designated authority to borrow funds for preconstruction activities relating to Gallery Place sports arena. Sec. 202. Permitting certain District revenues to be pledged as security for borrowing. Sec. 203. No appropriation necessary for arena preconstruction activities. Sec. 204. Arena preconstruction activities described.

TITLE III—WAIVER OF CONGRESSIONAL REVIEW

Sec. 301. Waiver of Congressional review of Arena Tax Payment and Use Amendment Act of 1995.

TITLE I—CONVENTION CENTER

SEC. 101. PERMITTING WASHINGTON CONVENTION CENTER AUTHORITY TO EXPEND REVENUES FOR CONVENTION CENTER

ACTIVITIES.

(a) PERMITTING EXPENDITURE WITHOUT APPROPRIATION.—The

fourth sentence of section 446 of the District of Columbia SelfGovernment and Governmental Reorganization Act (sec. 47–304,

D.C. Code) shall not apply with respect to any revenues of the

District of Columbia which are attributable to the enactment of

title III of the Washington Convention Center Authority Act of

District of

Columbia

Convention

Center and

Sports Arena

Authorization

Act of 1995.

Sept. 6, 1995

[H.R. 2108]
109 STAT. 268 PUBLIC LAW 104–28—SEPT. 6, 1995

1994 (D.C. Law 10–188) and which are obligated or expended for

the activities described in subsection (b).

(b) ACTIVITIES DESCRIBED.—The activities described in this

paragraph are—

(1) the operation and maintenance of the existing Washington Convention Center; and

(2) preconstruction activities with respect to a new convention center in the District of Columbia, including land acquisition and the conducting of environmental impact studies,

architecture and design studies, surveys, and site acquisition.

TITLE II—SPORTS ARENA

SEC. 201. PERMITTING DESIGNATED AUTHORITY TO BORROW FUNDS

FOR PRECONSTRUCTION ACTIVITIES RELATING TO GALLERY PLACE SPORTS ARENA.

(a) PERMITTING BORROWING.—

(1) IN GENERAL.—The designated authority may borrow

funds through the issuance of revenue bonds, notes, or other

obligations which are secured by revenues pledged in accordance with paragraph (2) to finance, refinance, or reimburse

the costs of arena preconstruction activities described in section

204 if the designated authority is granted the authority to

borrow funds for such purposes by the District of Columbia

government.

(2) REVENUE REQUIRED TO SECURE BORROWING.—The designated authority may borrow funds under paragraph (1) to

finance, refinance, or reimburse the costs of arena

preconstruction activities described in section 204 only if such

borrowing is secured (in whole or in part) by the pledge of

revenues of the District of Columbia which are attributable

to the sports arena tax imposed as a result of the enactment

of D.C. Law 10–128 (as amended by the Arena Tax Amendment

Act of 1994 (D.C. Act 10–315)) and which are transferred by

the Mayor of the District of Columbia to the designated authority pursuant to section 302(a–1)(3) of the Omnibus Budget

Support Act of 1994 (sec. 47–2752(a–1)(3), D.C. Code) (as

amended by section 2(b) of the Arena Tax Payment and Use

Amendment Act of 1995).

(b) TREATMENT OF DEBT CREATED.—Any debt created pursuant

to subsection (a) shall not—

(1) be considered general obligation debt of the District

of Columbia for any purpose, including the limitation on the

annual aggregate limit on debt of the District of Columbia

under section 603(b) of the District of Columbia Self-Government and Governmental Reorganization Act (sec. 47–313(b),

D.C. Code);

(2) constitute the lending of the public credit for private undertakings for purposes of section 602(a)(2) of such Act (sec.

1–233(a)(2), D.C. Code); or

(3) be a pledge of or involve the full faith and credit

of the District of Columbia.

(c) DESIGNATED AUTHORITY DEFINED.—The term ‘‘designated

authority’’ means the Redevelopment Land Agency or such other

District of Columbia government agency or instrumentality des-
PUBLIC LAW 104–28—SEPT. 6, 1995 109 STAT. 269

ignated by the Mayor of the District of Columbia for purposes

of carrying out any arena preconstruction activities.

SEC. 202. PERMITTING CERTAIN DISTRICT REVENUES TO BE PLEDGED

AS SECURITY FOR BORROWING.

(a) IN GENERAL.—The District of Columbia (including the des- ignated authority described in section 201(c)) may pledge as security

for any borrowing undertaken pursuant to section 201(a) any revenues of the District of Columbia which are attributable to the

sports arena tax imposed as a result of the enactment of D.C.

Act 10–128 (as amended by the Arena Tax Amendment Act of

1994 (D.C. Law 10–315)), upon the transfer of such revenues by

the Mayor of the District of Columbia to the designated authority

pursuant to section 302(a–1)(3) of the Omnibus Budget Support

Act of 1994 (sec. 47–2752(a–1)(3), D.C. Code) (as amended by section

2(b) of the Arena Tax Payment and Use Amendment Act of 1995). (b) EXCLUSION OF PLEDGED REVENUES FROM CALCULATION OF

ANNUAL AGGREGATE LIMIT ON DEBT.—Any revenues pledged as security by the District of Columbia pursuant to subsection (a)

shall be excluded from the determination of the dollar amount

equivalent to 14 percent of District revenues under section

603(b)(3)(A) of the District of Columbia Self-Government and

Governmental Reorganization Act (sec. 47–313(b)(3)(A), D.C. Code).

SEC. 203. NO APPROPRIATION NECESSARY FOR ARENA

PRECONSTRUCTION ACTIVITIES.

The fourth sentence of section 446 of the District of Columbia

Self-Government and Governmental Reorganization Act (sec. 47–

304, D.C. Code) shall not apply with respect to any of the following

obligations or expenditures: (1) Borrowing conducted pursuant to section 201(a).

(2) The pledging of revenues as security for such borrowing pursuant to section 202(a).

(3) The payment of principal, interest, premium, debt servicing, contributions to reserves, or other costs associated with

such borrowing.

(4) Other obligations or expenditures made to carry out

any arena preconstruction activity described in section 204.

SEC. 204. ARENA PRECONSTRUCTION ACTIVITIES DESCRIBED.

The arena preconstruction activities described in this section

are as follows:

(1) The acquisition of real property (or rights in real property) to serve as the site of the sports arena and related

facilities.

(2) The clearance, preparation, grading, and development

of the site of the sports arena and related facilities, including

the demolition of existing buildings. (3) The provision of sewer, water, and other utility facilities

and infrastructure related to the sports arena.

(4) The financing of a Metrorail connection to the site

and other Metrorail modifications related to the sports arena.

(5) The relocation of employees and facilities of the District

of Columbia government displaced by the construction of the

sports arena and related facilities.

(6) The use of environmental, legal, and consulting services (including services to obtain regulatory approvals) for the

construction of the sports arena.
109 STAT. 270 PUBLIC LAW 104–28—SEPT. 6, 1995

LEGISLATIVE HISTORY—H.R. 2108:

HOUSE REPORTS: No. 104–227 (Comm. on Government Reform and Oversight).

CONGRESSIONAL RECORD, Vol. 141 (1995):

Aug. 4, considered and passed House.

Aug. 11, considered and passed Senate.

Æ

(7) The financing of administrative and transaction costs incurred in borrowing funds pursuant to section 201(a), including costs incurred in connection with the issuance, sale, and

delivery of bonds, notes, or other obligations. (8) The financing of other activities of the District of Columbia government associated with the development and construction of the sports arena, including the reimbursement of the

District of Columbia government or others for costs incurred

prior to the date of the enactment of this Act which were

related to the sports arena, so long as the designated authority

determines that such costs are adequately documented and

that the incurring of such costs was reasonable.

TITLE III—WAIVER OF CONGRESSIONAL

REVIEW

SEC. 301. WAIVER OF CONGRESSIONAL REVIEW OF ARENA TAX PAYMENT AND USE AMENDMENT ACT OF 1995.

Notwithstanding section 602(c)(1) of the District of Columbia

Self-Government and Governmental Reorganization Act, the Arena

Tax Payment and Use Amendment Act of 1995 (D.C. Act 11–

115) shall take effect on the date of the enactment of this Act.

Approved September 6, 1995.