[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3069 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3069

   To authorize the Administrator of General Services to provide for 
   redevelopment of the Southeast Federal Center in the District of 
                               Columbia.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 1999

 Mr. Franks of New Jersey (for himself, Ms. Norton, Mr. Wise, and Mr. 
  Traficant) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
   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 1999''.

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 Tungey 
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 facilities located on the Southeast Federal Center or such other 
activities related to such facilities 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 
        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 actions, debts, or liability of any person created 
                by the agreement; and
                    (B) that such person 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 goods or services of benefit to the United States, 
including construction, repair, remodeling, or other physical 
improvements of Federal facilities, maintenance of Federal facilities, 
or the provision of office, storage, or other usable space.
    (d) Payments by the Administrator.--Any payment by the 
Administrator for the use of space or services by the General Services 
Administration on property that is subject to an agreement under this 
section may only be made from funds made available 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)). No other such 
payment may be made by the Administrator to a private entity under an 
agreement entered into under this section unless the authority to make 
the payment is provided in advance in an appropriations Act.
    (e) Consistency With National Planning Commission 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), 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.
    (f) 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 Environment and Public Works 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) Proceeds.--Funds received by the Administrator of General 
Services under an agreement entered into under section 3 and remaining 
after any deduction from the funds under subsection (b) shall be 
deposited in 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)).
    (b) Reimbursement of Expenses.--An amount sufficient to pay for any 
expenses incurred by the Administrator in any fiscal year in connection 
with an agreement entered into under section 3 shall be deducted from 
the proceeds of the agreement for that fiscal year and may be used by 
the Administrator to reimburse the account from which the funds were 
used to pay such expenses.
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