PUBLIC LAW 106–407—NOV. 1, 2000

SOUTHEAST FEDERAL CENTER PUBLICPRIVATE DEVELOPMENT ACT OF 2000

114 STAT. 1758 PUBLIC LAW 106–407—NOV. 1, 2000

Public Law 106–407

106th Congress

An Act

To authorize the Administrator of General Services to provide for redevelopment

of the Southeast Federal Center in the District of Columbia.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Southeast Federal Center PublicPrivate Development Act of 2000’’.

SEC. 2. SOUTHEAST FEDERAL CENTER DEFINED.

In this Act, the term ‘‘Southeast Federal Center’’ means the

site in the southeast quadrant of the District of Columbia that

is under the control and jurisdiction of the General Services

Administration and extends from Issac Hull Avenue on the east

to 1st Street on the west, and from M Street on the north to

the Anacostia River on the south, excluding an area on the river

at 1st Street owned by the District of Columbia and a building

west of Issac Hull Avenue and south of Tingey Street under the

control and jurisdiction of the Department of the Navy.

SEC. 3. SOUTHEAST FEDERAL CENTER DEVELOPMENT AUTHORITY.

(a) IN GENERAL.—The Administrator of General Services may

enter into agreements (including leases, contracts, cooperative

agreements, limited partnerships, joint ventures, trusts, and limited

liability company agreements) with a private entity to provide for

the acquisition, construction, rehabilitation, operation, maintenance,

or use of the Southeast Federal Center, including improvements

thereon, or such other activities related to the Southeast Federal

Center as the Administrator considers appropriate.

(b) TERMS AND CONDITIONS.—An agreement entered into under

this section—

(1) shall have as its primary purpose enhancing the value

of the Southeast Federal Center to the United States;

(2) shall be negotiated pursuant to such procedures as

the Administrator considers necessary to ensure the integrity

of the selection process and to protect the interests of the

United States;

(3) may provide a lease option to the United States, to

be exercised at the discretion of the Administrator, to occupy

any general purpose office space in a facility covered under

the agreement;

Southeast

Federal Center

Public-Private

Development Act

of 2000.

Nov. 1, 2000

[H.R. 3069]

PUBLIC LAW 106–407—NOV. 1, 2000 114 STAT. 1759

(4) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of a facility covered under the agreement after the expiration of any lease

of the facility to the United States;

(5) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are

responsible;

(6) shall provide—

(A) that the United States will not be liable for any

action, debt, or liability of any entity created by the agreement; and

(B) that such entity may not execute any instrument

or document creating or evidencing any indebtedness unless

such instrument or document specifically disclaims any

liability of the United States under the instrument or document; and

(7) shall include such other terms and conditions as the

Administrator considers appropriate.

(c) CONSIDERATION.—An agreement entered into under this section shall be for fair consideration, as determined by the Administrator. Consideration under such an agreement may be provided

in whole or in part through in-kind consideration. In-kind consideration may include provision of space, goods, or services of benefit

to the United States, including construction, repair, remodeling,

or other physical improvements of Federal property, maintenance

of Federal property, or the provision of office, storage, or other

usable space.

(d) AUTHORITY TO CONVEY.—In carrying out an agreement

entered into under this section, the Administrator is authorized

to convey interests in real property, by lease, sale, or exchange,

to a private entity.

(e) OBLIGATIONS TO MAKE PAYMENTS.—Any obligation to make

payments by the Administrator for the use of space, goods, or

services by the General Services Administration on property that

is subject to an agreement under this section may only be made

to the extent that necessary funds have been made available, in

advance, in an annual appropriations Act, to the Administrator

from the Federal Buildings Fund established by section 210(f )

of the Federal Property and Administrative Services Act of 1949

(40 U.S.C. 490(f )).

(f ) NATIONAL CAPITAL PLANNING COMMISSION.—

(1) STATUTORY CONSTRUCTION.—Nothing in this section

may be construed to limit or otherwise affect the authority

of the National Capital Planning Commission with respect to

the Southeast Federal Center.

(2) VISION PLAN.—An agreement entered into under this

section shall ensure that redevelopment of the Southeast Federal Center is consistent, to the extent practicable (as determined by the Administrator, in consultation with the National

Capital Planning Commission), with the objectives of the

National Capital Planning Commission’s vision plan entitled

‘‘Extending the Legacy: Planning America’s Capital in the 21st

Century’’, adopted by the Commission in November 1997.

(g) RELATIONSHIP TO OTHER LAWS.—

(1) IN GENERAL.—The authority of the Administrator under

this section shall not be subject to—

114 STAT. 1760 PUBLIC LAW 106–407—NOV. 1, 2000

(A) section 321 of the Act of June 30, 1932 (40 U.S.C.

303b);

(B) sections 202 and 203 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 483, 484);

(C) section 7(a) of the Public Buildings Act of 1959

(40 U.S.C. 606(a)); or

(D) any other provision of law (other than Federal

laws relating to environmental and historic preservation)

inconsistent with this section.

(2) UNUTILIZED OR UNDERUTILIZED PROPERTY.—Any facility

covered under an agreement entered into under this section

may not be considered to be unutilized or underutilized for

purposes of section 501 of the Stewart B. McKinney Homeless

Assistance Act (42 U.S.C. 11411).

SEC. 4. REPORTING REQUIREMENT.

(a) IN GENERAL.—Before entering into an agreement under

section 3, the Administrator of General Services shall transmit

to the Committee on Transportation and Infrastructure of the House

of Representatives and the Committee on Governmental Affairs

of the Senate a report on the proposed agreement.

(b) CONTENTS.—A report transmitted under this section shall

include a summary of a cost-benefit analysis of the proposed agreement and a description of the provisions of the proposed agreement.

(c) REVIEW BY CONGRESS.—A proposed agreement under section

3 may not become effective until the end of a 30-day period of

continuous session of Congress following the date of the transmittal

of a report on the agreement under this section. For purposes

of the preceding sentence, continuity of a session of Congress is

broken only by an adjournment sine die, and there shall be excluded

from the computation of such 30-day period any day during which

either House of Congress is not in session during an adjournment

of more than 3 days to a day certain.

SEC. 5. USE OF PROCEEDS.

(a) IN GENERAL.—Net proceeds from an agreement entered

into under section 3 shall be deposited into, administered, and

expended, subject to appropriations Acts, as part of the fund established by section 210(f ) of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 490(f )). In this subsection, the

term ‘‘net proceeds from an agreement entered into under section

3’’ means the proceeds from the agreement minus the expenses

incurred by the Administrator with respect to the agreement.

(b) RECOVERY OF EXPENSES.—The Administrator may retain

from the proceeds of an agreement entered into under section

3 amounts necessary to recover the expenses incurred by the

Administrator with respect to the agreement. Such amounts shall

Effective date.

PUBLIC LAW 106–407—NOV. 1, 2000 114 STAT. 1761

LEGISLATIVE HISTORY—H.R. 3069:

HOUSE REPORTS: No. 106–591 (Comm. on Transportation and Infrastructure).

SENATE REPORTS: No. 106–458 (Comm. on Governmental Affairs).

CONGRESSIONAL RECORD, Vol. 146 (2000):

May 8, considered and passed House.

Oct. 11, considered and passed Senate, amended.

Oct. 17, House concurred in Senate amendments.

Æ

be deposited in the account in the Treasury from which the Administrator incurs expenses related to disposals of real property.

Approved November 1, 2000.