II

103D CONGRESS

2D SESSION S. 2299

To amend the Pennsylvania Avenue Development Corporation Act of 1972,

to establish the Pennsylvania Avenue Corporation, to provide for the

maintenance and use of the area between the White House and the

Capitol, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 20, 1994

Mr. JOHNSTON (by request) introduced the following bill; which was read

twice and referred to the Committee on Energy and Natural Resources

A BILL

To amend the Pennsylvania Avenue Development Corporation Act of 1972, to establish the Pennsylvania Avenue

Corporation, to provide for the maintenance and use

of the area between the White House and the Capitol,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.—This Act may be cited

4 as the ‘‘Pennsylvania Avenue Corporation Act of 1994’’.

5 SEC. 2. PENNSYLVANIA AVENUE DEVELOPMENT

6 ACT.—The Pennsylvania Avenue Development Act of

7 1972, as amended (40 U.S.C. 871–885), is amended by
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1 striking sections 2–14 and substituting the following sec2 tions in lieu thereof:

3 ‘‘SEC. 2. The Congress finds and declares—

4 ‘‘(a) that it is in the national interest that the

5 area adjacent to Pennsylvania Avenue between the

6 Capitol and the White House, be maintained and

7 used in a manner suitable to its ceremonial, phys8 ical, and historic relationship to the legislative and

9 executive branches of the Federal Government and

10 to the governmental buildings, monuments, memori11 als, and parks in or adjacent to the area;

12 ‘‘(b) that goals and objectives of the Pennsylva13 nia Avenue Plan–1974, as amended (hereinafter re14 ferred to as the Pennsylvania Avenue Plan or the

15 Plan), should remain in effect and the development

16 completed thereunder pursuant to the Pennsylvania

17 Avenue Development Corporation Act of 1972 (40

18 U.S.C. 871 et seq.) should be maintained and use of

19 the Pennsylvania Avenue Area as defined in sub20 section (f) below fostered;

21 ‘‘(c) that responsibilities for such maintenance

22 and use can best be carried out by vesting the req23 uisite powers in a Federal corporation that can take

24 maximum advantage of the private as well as the

25 public resources that will be necessary;
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1 ‘‘(d) that the powers conferred by this Act are

2 for public uses and purposes for which public powers

3 may be employed, public funds may be expended,

4 and the power of eminent domain and the police

5 power may be exercised, and the granting of such

6 powers is necessary in the public interest;

7 ‘‘(e) that private funds donated to or solicited

8 by the Corporation are for use in carrying out the

9 purposes of the Act; and

10 ‘‘(f) that the area thus to be maintained and

11 used in accordance with the provisions of this Act

12 (hereinafter referred to as the Pennsylvania Avenue

13 Area) shall be the area bounded as follows:

14 ‘‘Beginning at a point on the southwest corner

15 of the intersection of Fifteenth Street and Penn16 sylvania Avenue South (formerly E Street North17 west);

18 ‘‘thence proceeding easterly along the southerly

19 side of Pennsylvania Avenue South (formerly E

20 Street) to the southwest corner of the intersection of

21 Fourteenth Street and Pennsylvania Avenue North22 west;

23 ‘‘thence southerly along the west side of Four24 teenth Street to the northwest corner of the intersec-
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1 tion of Fourteenth Street and Constitution Avenue,

2 Northwest;

3 ‘‘thence easterly along the north side of Con4 stitution Avenue to the northeast corner of the inter5 section of Twelfth Street and Constitution Avenue,

6 Northwest;

7 ‘‘thence northerly along the east side of Twelfth

8 Street to the southeast corner of the intersection of

9 Twelfth Street and Pennsylvania Avenue, Northwest;

10 ‘‘thence southeasterly along the southerly side

11 of Pennsylvania Avenue to a point being the south12 east corner of the intersection of Pennsylvania Ave13 nue and Third Street Northwest;

14 ‘‘thence northerly along the east side of Third

15 Street to the northeast corner of the intersection of

16 C Street and Third Street Northwest;

17 ‘‘thence westerly along the north side of C

18 Street to the northeast corner of the intersection of

19 C Street and Sixth Street Northwest;

20 ‘‘thence northerly along the east side of Sixth

21 Street to the northeast corner of the intersection of

22 E Street and Sixth Street Northwest;

23 ‘‘thence westerly along the north side of E

24 Street to the northeast corner of the intersection of

25 E Street and Seventh Street Northwest;
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1 ‘‘thence northerly along the east side of Seventh

2 Street to the northeast corner of the intersection of

3 Seventh Street and F Street Northwest;

4 ‘‘thence westerly along the north side of F

5 Street to the northwest corner of the intersection of

6 F Street and Ninth Street Northwest;

7 ‘‘thence southerly along the west side of Ninth

8 Street to the northwest corner of the intersection of

9 Ninth Street and E Street Northwest;

10 ‘‘thence westerly along the north side of E

11 Street to the northeast corner of the intersection of

12 E Street and Thirteenth Street Northwest;

13 ‘‘thence northerly along the east side of Thir14 teenth Street to the northeast corner of the intersec15 tion of F Street and Thirteenth Street Northwest;

16 ‘‘thence westerly along the north side of F

17 Street to the northwest corner of the intersection of

18 F Street and Fifteenth Street Northwest;

19 ‘‘thence northerly along the west side of Fif20 teenth Street to the northwest corner of the intersec21 tion of Pennsylvania Avenue and Fifteenth Street

22 Northwest;

23 ‘‘thence westerly along the southern side of

24 Pennsylvania Avenue to the southeast corner of the
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1 intersection of Pennsylvania Avenue and East Exec2 utive Avenue Northwest;

3 ‘‘thence southerly along the east side of East

4 Executive Avenue to the intersection of South Exec5 utive Place and E Street Northwest;

6 ‘‘thence easterly along the south side of E

7 Street to the point of beginning being the southwest

8 corner of the intersection of Fifteenth Street and E

9 Street Northwest.

10 ‘‘SEC. 3. PENNSYLVANIA AVENUE CORPORATION;

11 ESTABLISHMENT; BOARD OF DIRECTORS; TERM; CHAIR12 MAN; COMPENSATION; MEETINGS; ADVISORY BOARD.—

13 (a) There is hereby created a Government corporation in

14 the Executive Branch to be known as the Pennsylvania

15 Avenue Corporation (hereinafter referred to as the ‘‘Cor16 poration’’).

17 ‘‘(b) The powers and management of the Corporation

18 shall be vested in a Board of Directors consisting of five

19 members:

20 ‘‘(1) The Secretary of the Interior.

21 ‘‘(2) The Mayor of the District of Columbia.

22 ‘‘(3) Three appointed by the President from

23 private life, who shall have knowledge and experience

24 in one or more fields of history, architecture, city
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1 planning, retailing, real estate, construction, or gov2 ernment.

3 ‘‘(c) Each ex-officio member of the Board of Direc4 tors specified in paragraph (b) may designate another offi5 cial to serve on the Board in his stead if unable to serve

6 in person.

7 ‘‘(d) Each member of the Board of Directors ap8 pointed under paragraph (b)(3) shall serve for a term of

9 six years from the expiration of his predecessor’s term;

10 except that (1) any Director appointed to fill a vacancy

11 occurring prior to the expiration of the term for which

12 his predecessor was appointed shall be appointed for the

13 remainder of such term, and (2) the terms of office of

14 the Directors first taking office shall begin on the date

15 of the enactment of this Act and shall expire as designated

16 at the time of appointment, one at the end of two years,

17 one at the end of four years, and one at the end of six

18 years. A Director may continue to serve until his successor

19 has qualified.

20 ‘‘(e) The President shall designate a Chairman and

21 a Vice Chairman from among the members of the Board

22 of Directors chosen from private life.

23 ‘‘(f) Members of the Board of Directors who are offi24 cers or employees of the Federal or District of Columbia

25 Government shall receive no additional compensation by
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1 virtue of their membership on the Board. Other members

2 of the Board, when engaged in the activities of the Cor3 poration, shall be entitled to receive compensation at the

4 daily equivalent of the rate for Executive Level IV, and

5 travel expenses, including per diem in lieu of subsistence,

6 as authorized by law (5 U.S.C. 5703(b)–(d) and 5707)

7 for persons in the Government service employed intermit8 tently.

9 ‘‘(g) Officers and employees of the Corporation are

10 officers and employees of the United States.

11 ‘‘(h) The Board of Directors shall meet at the call

12 of the Chairman, who shall require it to meet not less

13 often than once each three months. A majority of the

14 Board of Directors (or their designated alternates) shall

15 constitute a quorum.

16 ‘‘(i) There shall be a nonvoting Advisory Board con17 sisting of representatives of the Department of the Treas18 ury, the General Services Administration, the local arts

19 and cultural community and such other members as the

20 Board of Directors may appoint. The Advisory Board shall

21 meet at least twice annually at the dates and time des22 ignated by the Board of Directors, to offer such advice

23 and assistance as may be of benefit to the Board of Direc24 tors. The Chairman of the Board of Directors, shall be

25 chairman of the Advisory Board.
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1 ‘‘SEC. 4. OFFICERS AND EMPLOYEES; COMPENSA2 TION.—(a) The Board of Directors shall have the power

3 to appoint and fix the duties of the Executive Director

4 and such other officers and employees of the Corporation

5 as may be necessary for the efficient administration of the

6 Corporation; the rate of pay for the Executive Director

7 shall not exceed level IV of the Executive Schedule (5

8 U.S.C. 5315).

9 ‘‘(b) The Board of Directors is authorized to procure

10 the temporary (not in excess of one year) or intermittent

11 services of city planners, architects, engineers, appraisers,

12 and other experts or consultants or organizations thereof

13 in accordance with section 3109 of title 5, United States

14 Code (5 U.S.C. 3109), but at rates for individuals not in

15 excess of the rate in effect for level IV of the Executive

16 Schedule.

17 ‘‘(c) Administrative services shall be provided by the

18 General Services Administration on a reimbursable basis.

19 ‘‘SEC. 5. CONTINUITY OF THE PENNSYLVANIA AVE20 NUE PLAN SUBSTANTIAL AND SIGNIFICANT CHANGE.—

21 (a) The Pennsylvania Avenue Plan for the Pennsylvania

22 Avenue Area approved by Congress in 1975, and as subse23 quently amended, includes (1) the types of uses, both pub24 lic and private, to be permitted; (2) criteria for the design

25 and appearance of buildings, facilities, open spaces, and
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1 other improvements; (3) an estimate of the maintenance

2 costs; (4) an estimate of the current values of all prop3 erties to be acquired; (5) an estimate of the relocation

4 costs which would be incurred in carrying out the provi5 sions of section 8 of the Pennsylvania Avenue Develop6 ment Corporation Act of 1972 (40 U.S.C. 877); (6) an

7 estimate of the cost of land preparation for all properties

8 to be acquired; (7) an estimate of the reuse values of the

9 properties to be acquired; (8) a program for the staging

10 of a proposed development, including a detailed descrip11 tion of the portion of the program to be scheduled for com12 pletion by 1976; (9) a determination of the marketability

13 of such development; (10) an estimate of the development

14 costs, both public and private; (11) a thorough study of

15 the economic impact of such development, including the

16 impact on the local tax base, the metropolitan area as a

17 whole, and the existing business activities within the Penn18 sylvania Avenue Area; and (12) the procedures (including

19 both interim and long-term arrangements) to be used in

20 carrying out and insuring continuing conformance to the

21 Pennsylvania Avenue Plan. Amendments to the Plan re22 flect changes brought about by economic and other condi23 tions as development proceeded during the period prior to

24 this legislation.
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1 ‘‘(b)(1) Development or maintenance activities car2 ried out within the Pennsylvania Avenue Area shall be in

3 accordance with the Pennsylvania Avenue Plan.

4 ‘‘(2) The Corporation may alter, revise, or amend the

5 Pennsylvania Avenue Plan, but any such alteration, revi6 sion, or amendment which is a substantial change from

7 the Pennsylvania Avenue Plan shall take effect only after

8 publication of the proposed substantial change in the Fed9 eral Register, consideration of comments received, and

10 adoption of a resolution of the Board of Directors. For

11 the purposes of this subsection, the term ‘substantial

12 change’ shall mean one involving a major alteration in the

13 character or intensity of an existing or proposed use in

14 the Pennsylvania Avenue Area which in the opinion of the

15 Corporation causes an increase or decrease of 10 per cen16 tum or more of the dollar amount of the estimate prepared

17 in accordance with subsection (a)(10) of section 6 or one

18 which, in the opinion of the Secretary of the Interior, af19 fects his responsibilities for the administration, protection,

20 and development of the areas within the Pennsylvania Av21 enue National Historic Site.

22 ‘‘(3) Any alteration, revision, or amendment of the

23 Pennsylvania Avenue Plan and any other action taken by

24 the Corporation which is not a substantial change in the
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1 Pennsylvania Avenue Plan within the meaning of para2 graph (2) but—

3 ‘‘(A) which is a significant change in the Penn4 sylvania Avenue Plan, or which is another significant

5 action taken by the Corporation, and

6 ‘‘(B) which relates to housing, any major struc7 ture, historic preservation, parks, office space, or re8 tail uses, within the Pennsylvania Avenue Area,

9 shall not take effect until thirty days after notice of such

10 change or other action has been submitted to the Commit11 tee on Interior and Insular Affairs of the United States

12 House of Representatives and to the Committee on En13 ergy and Natural Resources of the United States Senate,

14 unless prior to the expiration of such thirty-day period

15 each of such committees notifies the Corporation in writ16 ing that the committee does not object to such change or

17 other action. Such notice by the Corporation to the com18 mittees shall include an explanation of the reasons why

19 the change or other action is proposed and a summary

20 of any recommendations received by the Corporation from

21 the Secretary of the Interior, the Mayor of the District

22 of Columbia or from any other interested agency, organi23 zation, or individual.

24 ‘‘(f) To avoid duplication and unnecessary expense

25 the Corporation shall, to the maximum feasible extent in
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1 conducting its operations, utilize the services and facilities

2 of other agencies, such as the Department of the Interior,

3 the General Services Administration, and the District of

4 Columbia government.

5 ‘‘SEC. 6. CORPORATE POWERS AND DUTIES.—In car6 rying out its powers and duties, the Corporation—

7 ‘‘(1) shall have all necessary and proper powers

8 for the exercise of the authorities vested in it;

9 ‘‘(2) shall have succession in its corporate

10 name;

11 ‘‘(3) may adopt and use a corporate seal which

12 shall be judicially noticed;

13 ‘‘(4) may sue and be sued in its corporate

14 name, except that the Directors of the Board shall

15 not be personally liable except for gross negligence.

16 All litigation arising out of the activities of the Cor17 poration shall be conducted by the Attorney General;

18 ‘‘(5) may adopt, amend, and repeal bylaws,

19 rules, and regulations governing the manner in

20 which its business may be conducted and the powers

21 vested in it may be exercised;

22 ‘‘(6) may acquire lands, improvements, and

23 properties within the Pennsylvania Avenue Area by

24 purchase, lease, donation, or exchange; may hold,

25 maintain, use, or operate such properties; may sell,
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1 lease, or otherwise dispose of such real and personal

2 property and any interest therein as the Corporation

3 deems necessary to carry out the Pennsylvania Ave4 nue Plan; or may lease, repurchase, or otherwise ac5 quire and hold any property which the Corporation,

6 or its predecessor, the Pennsylvania Avenue Devel7 opment Corporation (hereinafter referred to as

8 PADC), has theretofore sold, leased, conveyed,

9 transferred, or otherwise disposed of: Provided, That

10 condemnation proceedings for the acquisition of real

11 property (including interests therein), which may be

12 necessary or appropriate in order to carry out the

13 Pennsylvania Avenue Plan, shall be conducted in ac14 cordance with the procedural provisions of chapter

15 13, subchapter IV, of title 16 of the District of Co16 lumbia Code and the requirements of the Uniform

17 Relocation Assistance and Real Property Acquisition

18 Policies Act of 1970 (94 Stat. 1894) (42 U.S.C.

19 4601 et seq.);

20 ‘‘(7) may enter into and perform such con21 tracts, leases, cooperative agreements, or other

22 transactions with any agency or instrumentality of

23 the United States, the several States, or the District

24 of Columbia or with any person, firm, association, or

25 corporation (including agreements with private util-
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1 ity companies with respect to the relocation of utility

2 lines and other facilities in the Pennsylvania Avenue

3 Area) as may be deemed necessary or appropriate to

4 the conduct of activities authorized under this Act;

5 ‘‘(8) may establish (through convenants, regula6 tions, agreements, or otherwise) such restrictions,

7 standards, and requirements as are necessary to as8 sure maintenance and protection of the Pennsylvania

9 Avenue Area in accordance with the Pennsylvania

10 Avenue Plan and such restrictions, standards, and

11 requirements as were established by PADC shall re12 main in effect unless or until modified or rescinded

13 by the Corporation;

14 ‘‘(9) may borrow money from the Treasury of

15 the United States in such amounts as may be au16 thorized in appropriation Acts, but not to exceed ex17 isting authorized ceiling amounts. Such borrowings

18 from the Treasury shall have such maturities, terms,

19 and conditions as may be agreed upon by the Cor20 poration and the Secretary of the Treasury, but the

21 maturities may not be in excess of forty years, and

22 such borrowings may be redeemable at the option of

23 the Corporation before maturity. Such borrowings

24 shall bear interest at a rate determined by the Sec25 retary of the Treasury taking into consideration the
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1 average market yield on outstanding marketable ob2 ligations of the United States of comparable matu3 rities during the month preceding the issuance of the

4 obligations of the Corporation. The interest pay5 ments on such obligations may be deferred with the

6 approval of the Secretary of the Treasury but any

7 interest payment so deferred shall bear interest.

8 Said obligations shall be issued in amounts and at

9 prices approved by the Secretary of the Treasury.

10 The authority of the Corporation to issue obligations

11 hereunder shall remain available without fiscal year

12 limitation. The Secretary of the Treasury is author13 ized and directed to purchase any obligations of the

14 Corporation to be issued under this paragraph and

15 for such purpose the Secretary of the Treasury is

16 authorized to use as a public debt transaction of the

17 United States the proceeds from the sale of any se18 curities issued under the Second Liberty Loan Bond

19 Act, as amended, and the purposes for which securi20 ties may be issued under the Second Liberty Loan

21 Bond Act, as amended, are extended to include any

22 purchase of the Corporation’s obligations under this

23 paragraph;

24 ‘‘(10) may invest any funds held in reserve or

25 sinking funds, or any moneys not required for imme-
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1 diate use or disbursement, with the approval of the

2 Secretary of the Treasury, in obligations of the

3 United States Government;

4 ‘‘(11) may procure insurance against any loss

5 in connection with its property and other assets and

6 operations;

7 ‘‘(12) may solicit and accept any gifts or grants

8 or property or financial or other aid in any form

9 from the Federal Government or any agency or in10 strumentality thereof, or from any State or any

11 agency or instrumentality thereof, or from any

12 source, for the purpose of carrying out its duties,

13 and comply, subject to the provisions of this Act,

14 with the terms and conditions thereof. The Corpora15 tion shall establish written rules setting forth the

16 criteria to be used in determining whether the ac17 ceptance of gifts or grants, property, financial or

18 other aid in any form would reflect unfavorably upon

19 the ability of the Corporation or any employee to

20 carry out its responsibilities or official duties in a

21 fair and objective manner or would compromise the

22 integrity of or the appearance of the integrity of its

23 programs or any official or employee involved in

24 those programs;
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1 ‘‘(13) may determine the character of and ne2 cessity for its obligations and expenditures, and the

3 manner in which they shall be incurred, allowed, and

4 paid, subject to provisions and laws specifically ap5 plicable to wholly-owned Government corporations;

6 ‘‘(14) may prepare or cause to be prepared

7 plans, specifications, designs, and estimates of cost

8 for the construction, reconstruction, rehabilitation,

9 improvement, alteration, repair, or maintenance of

10 any project, and from time to time may modify such

11 plans, specifications, designs, or estimates;

12 ‘‘(15) may acquire, construct, reconstruct, reha13 bilitate, improve, alter, repair, or maintain or pro14 vide for the construction, reconstruction, improve15 ment, alteration, repair, or maintenance of any

16 project;

17 ‘‘(16) may grant options to purchase any

18 project or may renew any leases entered into by it

19 (or its predecessor, PADC) in connection with any

20 of its projects, on such terms and conditions as it

21 may deem advisable;

22 ‘‘(17) may manage any project, owned or leased

23 by the Corporation, or its predecessor, PADC, and

24 may enter into agreements with the District of Co25 lumbia government or any agency or instrumentality
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1 thereof, or with any person, firm, partnership, or

2 corporation, either public or private, for the purpose

3 of causing any such project to be managed;

4 ‘‘(18) shall request the Council of the District

5 of Columbia, when required for implementation of

6 the Pennsylvania Avenue Plan, to close any street,

7 road, highway, alley, or any part thereof in the

8 Pennsylvania Avenue Area. If the title to the street,

9 road, highway, or alley so closed is in the United

10 States, the Mayor of the District of Columbia shall

11 convey the title to the land on behalf of the United

12 States to the Corporation, without cost, except that

13 the Corporation shall reimburse the District of Co14 lumbia for the administrative expenses of the action.

15 If the title to the street, road, highway, or alley so

16 closed is not in the United States, the Mayor shall

17 convey title to the land on behalf of the District of

18 Columbia to the Corporation, without cost, except

19 that the Corporation shall reimburse the District of

20 Columbia for the administrative costs of the action:

21 Provided, That if the land would have reverted to a

22 private abutting property owner under otherwise ap23 plicable law of the District of Columbia, the Cor24 poration shall pay such owner the fair market value

25 of the land that would have reverted to him;
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1 ‘‘(19) may transfer title to, interests in, or ju2 risdiction over real property which the Corporation

3 has acquired or which has been acquired by PADC

4 and is to be devoted to public uses to any agency of

5 the United States or the District of Columbia. Agen6 cies of the United States or the District of Columbia

7 may accept such transfers under this paragraph, and

8 shall thereafter administer and maintain the prop9 erty in accordance with the Pennsylvania Avenue

10 Plan and the terms of any transfer agreement;

11 ‘‘(20) may utilize or employ the services of per12 sonnel of any agency or instrumentality of the Fed13 eral Government or of the District of Columbia, with

14 the consent of the agency or instrumentality con15 cerned, upon a reimbursable basis, or utilize vol16 untary or uncompensated personnel;

17 ‘‘(21) shall publish and disseminate information

18 about the Pennsylvania Avenue Area and the activi19 ties and programs of the Corporation;

20 ‘‘(22) may execute all instruments necessary or

21 appropriate in the exercise of any of its functions

22 under this Act, and may delegate to members of the

23 Board of Directors or the Executive Director such of

24 its powers and responsibilities as it deems appro-
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1 priate and useful for the administration of the Cor2 poration;

3 ‘‘(23) shall be entitled to the use of the United

4 States mails in the same manner as the executive

5 departments of the Government, and shall have all

6 the rights, privileges, and immunities of the United

7 States with respect to debts due from insolvent, de8 ceased, or bankrupt debtors; and

9 ‘‘(24) may conduct development competitions

10 using the Development Policies and Procedures es11 tablished by PADC for private development of prop12 erty the Corporation owns or may obtain.

13 ‘‘SEC. 7. POWERS OF OTHER FEDERAL AND LOCAL

14 AGENCIES IN THE PENNSYLVANIA AVENUE AREA; CER15 TIFICATION OF NEW CONSTRUCTION.—(a) Nothing in

16 this Act shall preclude other agencies or instrumentalities

17 of the Federal Government or of the District of Columbia

18 from exercising any lawful powers in the Pennsylvania Av19 enue Area consistent with the Pennsylvania Avenue Plan

20 or the provisions and purposes of this Act; but no such

21 agency or instrumentality shall release, modify, or depart

22 from any feature or detail of the Pennsylvania Avenue

23 Plan without the prior approval of the Corporation.

24 ‘‘(b) As provided in the Act to amend the Act of Octo25 ber 27, 1972 (86 Stat. 1266; enacted Oct. 1, 1974), no
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1 new construction (including substantial remodeling, con2 version, rebuilding, enlargement, extension, or major

3 structural improvement of any existing building, but not

4 including ordinary maintenance or remodeling or changes

5 necessary to continue occupancy) shall be authorized or

6 conducted within the Pennsylvania Avenue Area except

7 upon prior certification by the Corporation that the con8 struction is, or may reasonably be expected to be, consist9 ent with the carrying out of the Pennsylvania Avenue

10 Plan.

11 ‘‘SEC. 8. CORPORATION AS GRANTEE OF PROPERTY

12 AND PARTY TO PROCEEDINGS.—The title to any real

13 property (or interest therein) acquired under the authority

14 of this Act shall be taken by and in the name of the Cor15 poration and proceedings for condemnation or other acqui16 sition of property shall be brought by and in the name

17 of the Corporation.

18 ‘‘SEC. 9. COMPLIANCE WITH DISTRICT LAWS, ORDI19 NANCES.—(a) The Corporation shall comply with all Dis20 trict of Columbia laws, ordinances, codes, and regulations

21 in constructing, reconstructing, rehabilitating, altering,

22 and improving any project: Provided, That the provisions

23 of section 428 of title 5 of the District of Columbia Code

24 shall apply to all the constructing, reconstructing, rehabili25 tating, altering, and improving of all buildings by the Cor-
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1 poration. The construction, reconstruction, rehabilitation,

2 alteration, and improvement of any project by non-Gov3 ernment sources shall be subject to the provisions of the

4 District of Columbia Code and zoning regulations.

5 ‘‘(b) For purposes of any District of Columbia law

6 (including laws relating to taxation and building permits

7 and inspections) the Corporation with respect to any

8 project it may construct, rehabilitate, alter, or improve,

9 shall be treated as the General Services Administration

10 is treated with respect to acquisition and construction of

11 a Federal building.

12 ‘‘SEC. 10. TAX EXEMPTION.—Since the exercise of

13 the powers granted by this Act will be in all respects for

14 the benefit of the people, the Corporation is hereby de15 clared to be devoted to an essential public and govern16 mental function and purpose and shall be exempt from

17 all taxes and special assessments of every kind of the

18 United States and of the District of Columbia.

19 ‘‘SEC. 11. ANNUAL REPORT TO PRESIDENT AND

20 CONGRESS.—The Corporation shall transmit to the Presi21 dent and the Congress, annually each March and at such

22 other times as it deems desirable, a comprehensive and

23 detailed report of its operations, activities, and accom24 plishments under this Act.
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1 ‘‘SEC. 12. ASSETS AND FUNDS FOR CONDUCT OF

2 BUSINESS.—(a) Not later than October 1, 1997, all as3 sets, liabilities, and obligations of PADC, including title

4 to any personal and real property owned by PADC, shall

5 be transferred to and become the assets, liabilities, obliga6 tions, and property of the Corporation.

7 ‘‘(b) The Corporation is authorized to use in the con8 duct of its business all its funds and other assets and all

9 funds and other assets which have been or may hereafter

10 be transferred to, allocated to, borrowed by, or otherwise

11 acquired by it.

12 ‘‘SEC. 13. VIOLATIONS AND PENALTIES.—(a) All

13 general penal statutes relating to the larceny, embezzle14 ment, or conversion of public moneys or property of the

15 United States shall apply to moneys and property of the

16 Corporation.

17 ‘‘(b) Any person who, with intent to defraud the Cor18 poration, or to deceive any director, officer, or employee

19 of the Corporation or any officer or employee of the

20 United States, (1) makes any false entry in any book of

21 the Corporation, or (2) makes any false report or state22 ment for the Corporation, shall, upon conviction thereof,

23 be fined not more than $10,000 or imprisoned not more

24 than five years, or both.
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1 ‘‘(c) Any person who with intent to defraud the Cor2 poration (1) receives any compensation, rebate, or reward,

3 or (2) enters into any conspiracy, collusion, or agreement,

4 express or implied, shall, on conviction thereof, be fined

5 not more than $5,000 or imprisoned not more than five

6 years, or both.

7 ‘‘(d) Any person who violates any regulation promul8 gated hereunder governing the maintenance or use of the

9 Pennsylvania Avenue Area shall be deemed guilty of a mis10 demeanor and punishable by a fine of not more than $300

11 or by imprisonment for not more than three months, or

12 by such fine and imprisonment. Such regulations shall be

13 enforecable by the District of Columbia Police Department

14 and the United States Park Police.

15 ‘‘SEC. 14. SEPARABILITY OF PROVISIONS.—If any

16 provisions of this Act or the application thereof to any

17 body, agency, situation, or circumstances is held invalid

18 the remainder of the Act and the application of such provi19 sion to other bodies, agencies, situations, or circumstances

20 shall not be affected thereby.

21 ‘‘SEC. 15. The Government Corporation Control Act

22 (31 U.S.C. 9101(3)(H)) is amended by striking ‘Penn23 sylvania Avenue Development Corporation’ and substitut24 ing ‘Pennsylvania Avenue Corporation’ in lieu thereof.
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S 2299 IS

1 ‘‘SEC. 16. This Act shall be effective for a term of

2 ten years unless otherwise extended by Congress.

3 ‘‘SEC. 17. AUTHORIZATION OF APPROPRIATIONS.—

4 There are hereby authorized to be appropriated to the

5 Corporation such sums as may be necessary to carry out

6 the purposes of this Act.’’.

Æ

S 2299 IS——2