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[104th Congress Public Law 28]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ28.104]

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. <<NOTE: Sept. 6, 1995 -  [H.R. 
                                2108]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America <<NOTE: District of Columbia Convention Center 
and Sports Arena Authorization Act of 1995.>>  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 Self-Government 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 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 designated 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 designated 
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.
            (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.

LEGISLATIVE HISTORY--H.R. 2108:
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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.

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