II
Calendar No. 905
106TH CONGRESS
2D SESSION
H.R. 3069
[Report No. 106–458]
IN THE SENATE OF THE UNITED STATES
MAY 9, 2000
Received; read twice and referred to the Committee on Governmental Affairs
OCTOBER 2 (legislative day, SEPTEMBER 22), 2000
Reported by Mr. THOMPSON, with amendments
[Omit the part struck through and insert the part printed in italic]
AN ACT
To authorize the Administrator of General Services to pro-
vide for redevelopment of the Southeast Federal Center
in the District of Columbia.
Be it enacted by the Senate and House of Representa-
tives 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 AU-
THORITY.
(a) IN GENERAL.—The Administrator of General
Services may enter into agreements (including leases, con-
tracts, cooperative agreements, limited partnerships, joint
ventures, trusts, and limited liability company agree-
ments) with a private entity to provide for the acquisition,
construction, rehabilitation, operation, maintenance, or
use of the Southeast Federal Center, including improve-
ments thereon, or such other activities related to the
Southeast Federal Center as the Administrator considers
appropriate.
(b) TERMS AND CONDITIONS.—An agreement en-
tered 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 proce-
dures 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 Ad-
ministrator, to occupy any general purpose office
space in a facility covered under the agreement;
(4) shall not require, unless specifically deter-
mined otherwise by the Administrator, Federal own-
ership 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 lia-
ble for any action, debt, or liability of any enti-
ty 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 doc-
ument; and
(7) shall include such other terms and condi-
tions as the Administrator considers appropriate.
(c) CONSIDERATION.—An agreement entered into
under this section shall be for fair consideration, as deter-
mined 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, main-
tenance 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 Adminis-
trator is authorized to convey interests in real property,
by lease, sale, or exchange, to a private entity.
(e) OBLIGATIONS TO MAKE PAYMENTS.—Any obliga-
tion to make payments by the Administrator for the use
of space, goods, or services by the General Services Ad-
ministration 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 CAPITOL CAPITAL PLANNING COMMIS-
SION.—
(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 Adminis-
trator, 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 Com-
mission in November 1997.
(g) RELATIONSHIP TO OTHER LAWS.—
(1) IN GENERAL.—The authority of the Admin-
istrator under this section shall not be subject to—
(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 his-
toric preservation) inconsistent with this sec-
tion.
(2) UNUTILIZED
OR
UNDERUTILIZED
PROP-
ERTY.—Any facility covered under an agreement en-
tered into under this section may not be considered
to be unutilized or underutilized for purposes of sec-
tion 501 of the Stewart B. McKinney Homeless As-
sistance Act (42 U.S.C. 11411).
SEC. 4. REPORTING REQUIREMENT.
(a) IN GENERAL.—Before entering into an agree-
ment under section 3, the Administrator of General Serv-
ices shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works Govern-
mental Affairs of the Senate a report on the proposed
agreement.
(b) CONTENTS.—A report transmitted under this sec-
tion 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 fol-
lowing the date of the transmittal of a report on the agree-
ment 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 ex-
cluded from the computation of such 30-day period any
day during which either House of Congress is not in ses-
sion 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, ad-
ministered, 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 pro-
ceeds from an agreement entered into under section 3’’
means the proceeds from the agreement minus the ex-
penses 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 agree-
ment. Such amounts shall be deposited in the account in
the Treasury from which the Administrator incurs ex-
penses related to disposals of real property.
Calendar No. 905
106TH CONGRESS
2D SESSION
H. R. 3069
[Report No. 106–458]
AN ACT
To authorize the Administrator of General Services
to provide for redevelopment of the Southeast
Federal Center in the District of Columbia.
OCTOBER 2 (legislative day, SEPTEMBER 22), 2000
Reported with amendments