[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3069 Enrolled Bill (ENR)]

        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;
        (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--
            (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 be deposited in the account in the 
Treasury from which the Administrator 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.