[Congressional Record Volume 146, Number 126 (Wednesday, October 11, 2000)]
[Senate]
[Pages S10271-S10272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    SOUTHEAST FEDERAL CENTER PUBLIC-PRIVATE DEVELOPMENT ACT OF 2000

  Mr. WARNER. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of Calendar No. 905, H.R. 3069.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 3069) to authorize the Administrator of 
     General Services to provide for redevelopment of the 
     Southeast Federal Center in the District of Columbia.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Governmental Affairs with 
amendments, as follows:
  (Omit the part in boldface brackets and insert the part printed in 
italic.)

                               H.R. 3069

       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

[[Page S10272]]

     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] 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 [Environment and Public Works] 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.

  Mr. WARNER. Mr. President, I ask unanimous consent that the committee 
amendments be agreed to, the bill be read the third time and passed, 
the motion to reconsider be laid upon the table, and that any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The bill (H.R. 3069), as amended, was read the third time and passed.

                          ____________________