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[106th Congress Public Law 407]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ407.106]

[[Page 1757]]

     SOUTHEAST FEDERAL CENTER PUBLIC-PRIVATE DEVELOPMENT ACT OF 2000

[[Page 114 STAT. 1758]]

Public Law 106-407
106th Congress

                                 An Act

 
    To authorize the Administrator of <<NOTE: Nov. 1, 2000 -  [H.R. 
 3069]>> 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 <<NOTE: Southeast Federal 
Center Public-Private Development Act of 2000.>> Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southeast Federal Center Public-
Private 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;

[[Page 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--

[[Page 114 STAT. 1760]]

                    (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 <<NOTE: Effective date.>> 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

[[Page 114 STAT. 1761]]

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

    Approved November 1, 2000.

LEGISLATIVE HISTORY--H.R. 3069:
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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.

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