[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3069 Reported in Senate (RS)]
Calendar No. 905
106th CONGRESS
2d Session
H.R. 3069
[Report No. 106-458]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 9, 2000
Received; read twice and referred to the Committee on Governmental
Affairs
October 2 (legislative day, September 22), 2000
Reported by Mr. Thompson, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
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 <DELETED>Capitol</DELETED> 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 <DELETED>Environment and Public Works</DELETED>
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.
Calendar No. 905
106th CONGRESS
2d Session
H. R. 3069
[Report No. 106-458]
_______________________________________________________________________
AN ACT
To authorize the Administrator of General Services to provide for
redevelopment of the Southeast Federal Center in the District of
Columbia.
_______________________________________________________________________
October 2 (legislative day, September 22), 2000
Reported with amendments