[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3528 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3528

 To authorize the Administrator of General Services to convey a parcel 
             of real property in the District of Columbia.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 22 (legislative day, September 17), 2008

 Ms. Collins (for herself, Mrs. Lincoln, Ms. Snowe, Ms. Cantwell, Mrs. 
   Dole, Mrs. Clinton, Mr. Voinovich, Ms. Landrieu, Mr. Pryor, Mrs. 
 McCaskill, Mr. Obama, and Mrs. Boxer) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To authorize the Administrator of General Services to convey a parcel 
             of real property 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 ``General Services Administration 
Portfolio Enhancement Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (3) Committees.--The term ``Committees'' means the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate.
            (4) Museum.--The term ``Museum'' means the National Women's 
        History Museum, Inc., a District of Columbia nonprofit 
        corporation exempt from taxation pursuant to section 501(c)(3) 
        of the Internal Revenue Code of 1986.
            (5) Northern portion of the property.--The term ``northern 
        portion of the property'' means that portion of the property 
        which the Administrator and the Museum deem appropriate for the 
        museum facility.
            (6) Property.--The term ``property'' means the property 
        located in the District of Columbia, subject to survey and as 
        determined by the Administrator, generally consisting of 
        Squares 325 and 326, and the westerly portions of Squares 351 
        and 352, including the parcel and structure commonly known as 
        the ``Cotton Annex''. The property is generally bounded by 12th 
        Street, Independence Avenue, Maryland Avenue, the James 
        Forrestal Building, and L'Enfant Plaza, all in Southwest 
        Washington, District of Columbia, and shall include all 
        associated air rights, improvements thereon, and appurtenances 
        thereto.
            (7) Southern portion of the property.--The term ``southern 
        portion of the property'' means that portion of the property 
        other than the northern portion of the property.

SEC. 3. CONVEYANCE OF PROPERTY.

    (a) Authority To Convey.--
            (1) In general.--Subject to the requirements of this Act, 
        the Administrator shall convey the northern portion of the 
        property to the Museum, and shall have the authority to convey 
        the southern portion of the property to the Museum, in each 
        case on such terms and conditions as the Administrator 
        considers reasonable and appropriate to protect the interests 
        of the United States and further the purposes of this Act.
            (2) Agreement.--As soon as practicable, but not later than 
        90 days after the date of enactment of this Act, the 
        Administrator shall enter into an agreement with the Museum for 
        the conveyance.
            (3) Terms and conditions.--The terms and conditions of the 
        agreement shall address, among other things, mitigation of 
        developmental impacts to existing Federal buildings and 
        structures, security concerns, and operational protocols for 
        development and use of the property.
            (4) Separate conveyance of northern and southern 
        portions.--Under the agreement, the Administrator may convey 
        the northern portion of the property separately from and, if so 
        agreed by the Administrator and the Museum, at a different time 
        than the southern portion of the property (if such southern 
        portion is conveyed).
    (b) Purchase Price.--
            (1) In general.--The purchase price for the property shall 
        be its fair market value based on its highest and best use as 
        determined by an independent appraisal commissioned by the 
        Administrator and paid for by the Museum.
            (2) Selection of appraiser.--The appraisal shall be 
        performed by an appraiser mutually acceptable to the 
        Administrator and the Museum.
            (3) Terms and conditions for appraisal.--
                    (A) In general.--Except as provided by subparagraph 
                (B), the assumptions, scope of work, and other terms 
                and conditions related to the appraisal assignment 
                shall be mutually acceptable to the Administrator and 
                the Museum.
                    (B) Required terms.--The following terms and 
                conditions shall apply to the appraisal:
                            (i) The appraisal shall assume that the 
                        property does not contain hazardous substances 
                        (as defined in section 101 of CERCLA (42 U.S.C. 
                        9601)) which require response action (as 
                        defined in such section).
                            (ii) The appraisal shall state a value for 
                        the property as a whole as well as separate 
                        values for the northern portion and southern 
                        portion of the property, taking into 
                        consideration the impact to value (if any) 
                        resulting from a conveyance of less than the 
                        entirety of the property.
    (c) Application of Proceeds.--The purchase price shall be paid into 
the Federal Buildings Fund established under section 592 of title 40, 
United States Code. Upon deposit, the Administrator may expend, in 
amounts specified in appropriations Acts, the proceeds from the 
conveyance for any lawful purpose consistent with existing authorities 
granted to the Administrator; except that the Administrator shall 
provide the Committees with 30 days advance written notice of any 
expenditure of the proceeds.
    (d) Quit Claim Deed.--The property shall be conveyed (in the case 
of the southern portion of the property, if at all) pursuant to one or 
more quit claim deeds (one for the northern portion of the property and 
one for the southern portion of the property).
    (e) Use Restrictions.--
            (1) Northern portion.--The northern portion of the property 
        shall be dedicated for use as a site for a national women's 
        history museum for the 99-year period beginning on date of 
        conveyance of that portion to the Museum.
            (2) Southern portion.--The southern portion of the property 
        may be used for any purposes permitted by applicable laws and 
        regulations.
    (f) Reversion.--
            (1) Bases for reversion.--The northern portion of the 
        property shall revert to the United States, at the option of 
        the United States, without any obligation for repayment by the 
        United States of any amount of the purchase price for the 
        property, if--
                    (A) that portion is not used as a site for a 
                national women's history museum at any time during the 
                99-year period referred to in subsection (e); or
                    (B) the Museum has not commenced construction of a 
                museum facility on that portion in the 5-year period 
                beginning on the date of enactment of this Act, other 
                than for reasons beyond the control of the Museum as 
                reasonably determined by the Administrator.
            (2) Enforcement.--The Administrator may perform any acts 
        necessary to enforce the reversionary rights provided in this 
        section.
            (3) Custody of property upon reversion.--If any portion of 
        the property reverts to the United States pursuant to this 
        section, such property shall be under the custody and control 
        of the Administrator.
    (g) Closing.--
            (1) Deadline.--Any conveyance pursuant to this Act shall 
        occur not later than 3 years after the date of enactment of 
        this Act. The Administrator may extend that period for such 
        time as is reasonably necessary for the Museum to perform its 
        obligations under section 4(a).
            (2) Applicability of requirements.--The requirements of 
        this Act shall remain in full force and effect with respect to 
        any portion of the property conveyed before the deadline 
        established by paragraph (1) or any extension.

SEC. 4. ENVIRONMENTAL MATTERS.

    (a) Authorization To Contract for Environmental Response Actions.--
The Administrator is authorized to contract, in an amount not to exceed 
the purchase price for the property, in the absence of appropriations 
and otherwise without regard to section 1341 of title 31, United States 
Code, with the Museum or an affiliate thereof for the performance (on 
behalf of the Administrator) of response actions (if any) required on 
the property pursuant to CERCLA. Any officer or employee of the United 
States may contract for payment of costs or expenses related to any 
properties that are conveyed (or to be conveyed) under this Act.
    (b) Crediting of Response Costs.--Any costs incurred by the Museum 
or an affiliate thereof pursuant to subsection (a) shall be credited to 
the purchase price for the property.
    (c) Relationship to CERCLA.--Nothing in this Act may be construed 
to affect or limit the application of or obligation to comply with any 
environmental law, including section 120(b) of CERCLA (42 U.S.C. 
9620(b)).

SEC. 5. INCIDENTAL COSTS.

    (a) Responsibilities.--Subject to section 4, the Museum shall bear 
any and all costs associated with complying with the provisions of this 
Act, including studies and reports, surveys, relocating tenants, and 
mitigating impacts to existing Federal buildings and structures 
resulting directly from the development of the property by the Museum.
    (b) Relocation of Existing Tenants.--The costs of relocating 
existing tenants (including the costs of related studies) shall be paid 
by the Museum up to an amount to be agreed upon by the Administrator 
and the Museum in the agreement entered into under section 3(a)(2), and 
any costs in excess of such agreed upon amount shall be credited to the 
purchase price for the property upon the closing on the portion of the 
property first conveyed.

SEC. 6. LAND USE APPROVALS.

    (a) Existing Authorities.--Nothing in this Act shall be construed 
as limiting or affecting the authority or responsibilities of the 
National Capital Planning Commission or the Commission of Fine Arts.
    (b) Cooperation.--
            (1) Zoning and land use.--Subject to paragraph (2), the 
        Administrator shall reasonably cooperate with the Museum with 
        respect to any zoning or other land use matter relating to 
        development of the property in accordance with this Act. Such 
        cooperation shall include consenting to applications by the 
        Museum for applicable zoning and permitting with respect to the 
        property.
            (2) Limitations.--The Administrator shall not be required 
        to incur any costs with respect to cooperation under this 
        subsection and any consent provided under this subsection shall 
        be premised on the property being developed and operated in 
        accordance with this Act.

SEC. 7. REPORTS.

    Not later than one year after the date of enactment of this Act, 
and annually thereafter until the end of the 5-year period following 
conveyance of the northern portion of the property or until substantial 
completion of the museum facility (whichever is later), the Museum 
shall submit annual reports to the Administrator and the Committees 
detailing the development and construction activities of the Museum 
with respect to this Act.
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