Southeast Federal Center Public-Private Development Act of 2000
PL 106-407 (H.R.3069), enacted 11/01/2000

114 STAT. 1758 
PUBLIC LAW 106-407—NOV. 1, 2000 
Public Law 106-407 
106th Congress 
Nov. 1, 2000 
[H.R. 3069] 
Southeast 
Federal Center 
Public-Private 
Development Act 
of 2000. 
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 PubUc-
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; 
PUBLIC LAW 106-407—NOV. 1, 2000 
114 STAT. 1759 
(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 £iny 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 
Administratdr 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— 
114 STAT. 1760 
PUBLIC LAW 106-407—NOV. 1, 2000 
Effective date. 
(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 
PUBLIC LAW 106-407—NOV. 1, 2000 
114 STAT. 1761 
be deposited in the account in the Treasury from which the Adminis-
trator incurs expenses related to disposals of real property. 
Approved November 1, 2000. 
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 concvured in Senate amendments.