[106th Congress Public Law 407]
[From the U.S. Government Printing Office]
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[DOCID: f:publ407.106]
[[Page 1757]]
SOUTHEAST FEDERAL CENTER PUBLIC-PRIVATE DEVELOPMENT ACT OF 2000
[[Page 114 STAT. 1758]]
Public Law 106-407
106th Congress
An Act
To authorize the Administrator of <<NOTE: Nov. 1, 2000 - [H.R.
3069]>> 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 <<NOTE: Southeast Federal
Center Public-Private Development Act of 2000.>> 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;
[[Page 114 STAT. 1759]]
(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 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--
[[Page 114 STAT. 1760]]
(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 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 <<NOTE: Effective date.>> 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
[[Page 114 STAT. 1761]]
be deposited in the account in the Treasury from which the Administrator
incurs expenses related to disposals of real property.
Approved November 1, 2000.
LEGISLATIVE HISTORY--H.R. 3069:
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HOUSE REPORTS: No. 106-591 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 106-458 (Comm. on Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 146 (2000):
May 8, considered and passed House.
Oct. 11, considered and passed Senate, amended.
Oct. 17, House concurred in Senate amendments.
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