H. R. 3069
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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 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;
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(4) shall not require, unless specifically determined other-
wise by the Administrator, Federal ownership of a facility cov-
ered under the agreement after the expiration of any lease
of the facility to the United States;
(5) shall describe the consideration, duties, and responsibil-
ities 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 agree-
ment; 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 docu-
ment; and
(7) shall include such other terms and conditions as the
Administrator considers appropriate.
(c) CONSIDERATION.—An agreement entered into under this sec-
tion shall be for fair consideration, as determined by the Adminis-
trator. Consideration under such an agreement may be provided
in whole or in part through in-kind consideration. In-kind consider-
ation 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 Fed-
eral Center is consistent, to the extent practicable (as deter-
mined 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—
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(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 agree-
ment 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 estab-
lished 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
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be deposited in the account in the Treasury from which the Adminis-
trator incurs expenses related to disposals of real property.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.