Short title

This Act may be cited as the

Old Post Office Building Redevelopment Act of 2008

Old post office building defined

In this Act, the term Old Post Office Building means the land, including any improvements thereon, that is located at 1100 Pennsylvania Avenue, NW., in the District of Columbia, and under the jurisdiction, custody, and control of the General Services Administration.

Findings

Congress finds the following: (1)For almost a decade the Subcommittee on Economic Development, Public Buildings and Emergency Management of the Committee on Transportation and Infrastructure of the House of Representatives has expressed considerable concern about the waste and neglect of the valuable, historic Old Post Office Building, centrally located in the heart of the Nation’s Capitol on Pennsylvania Avenue, and has pressed the General Services Administration to develop and fully use this building. (2)The disposition of the Old Post Office Building became even more pressing following a violent altercation and killing outside the Old Post Office Building after an event in which the General Services Administration rented the facility to gain some revenue from the building. (3)The policy of the Government long has been to preserve and make usable historic properties rather than sell them for revenue, particularly this property where security matters related to its location alone may hinder its against sale to a private party. (4)The General Services Administration issued a Request for Expression of Interest in 2004 for developing the Old Post Office Building that generated a healthy private sector interest, but the General Services Administration failed to move forward regarding such interest. (5)The Old Post Office Building is a wasted asset and a drain on revenue while its full use, its central location, and unique historic value could provide a handsome financial return to the Government.

Redevelopment of old post office building

(a)

Authority To enter into agreements

(1)

Development agreement

The Administrator of General Services may enter into a development agreement with a private entity to provide for the redevelopment of the Old Post Office Building. (2)

Other agreements

In addition to the development agreement authorized under paragraph (1), the Administrator and the private entity selected under such paragraph may enter into other agreements (including leases, contracts, cooperative agreements, trusts, and ground leases) to provide for the development, construction, rehabilitation, operation, maintenance, or use of the Old Post Office Building or such other activities related to the Old Post Office Building as the Administrator considers appropriate. (b)

Selection of private entity

The Administrator shall select a private entity under subsection (a) using such procedures as the Administrator considers necessary to promote competition and protect the interests of the United States. (c)

Terms and conditions

The development agreement authorized under subsection (a)(1)— (1)shall have as its primary purpose enhancing the value of the Old Post Office Building to the United States; (2)shall contain such terms and conditions and be negotiated pursuant to such procedures as the Administrator considers necessary to promote competition and protect the interests of the United States; (3)may include provisions for a ground lease of the Old Post Office Building, or any part thereof, for a term not to exceed 50 years; (4)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 the Old Post Office Building; (5)shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of the Old Post Office Building at or near the expiration of any space lease of that facility to the United States; (6)shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible; (7)shall provide— (A)that the United States will not be liable for any action, debt, or liability of any entity created by the development 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 (8)shall include such other terms and conditions as the Administrator considers appropriate. (d)

Consideration

The development agreement entered into under subsection (a)(1) shall be for fair consideration, as determined by the Administrator. Consideration under the agreement may be provided in whole or in part through in-kind consideration, including provision of space, goods, or services of benefit to the United States, and may also include construction, repair, remodeling, or other physical improvements or maintenance of Federal property. (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 a development or other 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 fund established under section 592 of title 40, United States Code. (f)

National capital planning commission

Nothing in this section may be construed to limit or otherwise affect the authority of the National Capital Planning Commission with respect to the Old Post Office Building. (g)

Relationship to other laws

The authority of the Administrator under this Act shall not be subject to— (1)chapter 5 of subtitle I of title 40, United States Code; (2)section 3307 of title 40, United States Code; (3)section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); or (4)any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this section.

Reporting requirement

(a)

In general

Before entering into a development 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 such agreement. (b)

Contents

A report transmitted under this section shall include a summary of a cost-benefit analysis of the proposed development agreement and a description of the material provisions of the proposed agreement. (c)

Review by congress

A proposed development 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.

Use of proceeds

(a)

In general

Net proceeds to the Government from a development or other agreement entered into under section 3 shall be deposited into, administered, and expended, subject to appropriations Acts, as part of the fund established under section 592 of title 40, United States Code. 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 a development or other agreement entered into under section 3 amounts necessary to recover the expenses incurred by the Administrator with respect to the agreement. Such amounts may be expended without further appropriation or authorization or may be used to reimburse the fund or account of the Administrator that initially incurred the expense with respect to the agreement.

Savings clause

The authority granted to the Administrator of General Services under this Act with respect to the Old Post Office Building shall be in addition to authorities of the Administrator to acquire, operate, maintain, protect, or dispose of real property.