[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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