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






                                                 Union Calendar No. 321
106th CONGRESS
  2d Session
                                H. R. 3069

                          [Report No. 106-591]

   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

                             April 13, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                               13, 1999]

_______________________________________________________________________

                                 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 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 Capitol 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), 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 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) 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.
                                                 Union Calendar No. 321

106th CONGRESS

  2d Session

                               H. R. 3069

                          [Report No. 106-591]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             April 13, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed