[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1870 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1870

 To authorize the Administrator of General Services to convey a parcel 
    of real property in the District of Columbia to provide for the 
   establishment of a National Women's History Museum and direct the 
     Administrator of General Services to transfer administrative 
   jurisdiction, custody, and control of the building located at 600 
 Pennsylvania Avenue, NW, in the District of Columbia, to the National 
                Gallery of Art, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2011

  Mr. Boozman 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 to provide for the 
   establishment of a National Women's History Museum and direct the 
     Administrator of General Services to transfer administrative 
   jurisdiction, custody, and control of the building located at 600 
 Pennsylvania Avenue, NW, in the District of Columbia, to the National 
                Gallery of Art, and for other purposes.

    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 ``National Women's History Museum and 
Federal Facilities Consolidation and Efficiency Act of 2011''.

                TITLE I--NATIONAL WOMEN'S HISTORY MUSEUM

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Women's History Museum 
Act of 2011''.

SEC. 102. DEFINITIONS.

    In this title, 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) 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 a portion of Square 351. The Property 
        is generally bounded by 12th Street, Independence Avenue, C 
        Street, and the James Forrestal Building, all in Southwest 
        Washington, District of Columbia, and shall include all 
        associated air rights, improvements thereon, and appurtenances 
        thereto.

SEC. 103. CONVEYANCE OF PROPERTY.

    (a) Authority to Convey.--
            (1) In general.--Subject to the requirements of this title, 
        the Administrator shall convey the Property to the Museum, 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 title.
            (2) Agreement.--As soon as practicable, but not later than 
        180 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.
    (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 appraisal shall assume 
                that the Property does not contain hazardous substances 
                (as defined in section 101 of CERCLA (42 U.S.C. 9601)) 
                or any other hazardous waste or pollutant that requires 
                a response action or corrective action under any 
                applicable environmental law.
    (c) Application of Proceeds.--The purchase price shall be paid into 
an account in the Federal Buildings Fund established under section 592 
of title 40, United States Code. Upon deposit, the proceeds from the 
conveyance may only be expended subject to a specific future 
appropriation.
    (d) Quit Claim Deed.--The Property shall be conveyed pursuant to a 
quit claim deed.
    (e) Use Restriction.--The Property shall be dedicated for use as a 
site for a national women's history museum for the 99-year period 
beginning on the date of conveyance to the Museum.
    (f) Funding Restriction.--No Federal funds shall be made 
available--
            (1) to the Museum for--
                    (A) the purchase of the Property; or
                    (B) the design and construction of any facility on 
                the Property; or
            (2) by the Museum or any affiliate of the Museum as a 
        credit pursuant to section 104(b).
    (g) Reversion.--
            (1) Bases for reversion.--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) the Property 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 the Property 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 the Property 
        reverts to the United States pursuant to this section, such 
        property shall be under the custody and control of the 
        Administrator.
    (h) Closing.--The conveyance pursuant to this title 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 
104(a).

SEC. 104. ENVIRONMENTAL MATTERS.

    (a) Authorization To Contract for Environmental Response Actions.--
In fulfilling the responsibility of the Administrator to address 
contamination on the Property, the Administrator may contract with the 
Museum or an affiliate of the Museum for the performance (on behalf of 
the Administrator) of response actions on the Property.
    (b) Crediting of Response Costs.--
            (1) In general.--Any costs incurred by the Museum or an 
        affiliate of the Museum using non-Federal funding pursuant to 
        subsection (a) shall be credited to the purchase price for the 
        Property.
            (2) Limitation.--A credit under paragraph (1) shall not 
        exceed the purchase price of the Property.
    (c) No Effect on Compliance With Environmental Laws.--Nothing in 
this title, or any amendment made by this title, affects or limits the 
application of or obligation to comply with any environmental law, 
including section 120(h) of CERCLA (42 U.S.C. 9620(h)).

SEC. 105. INCIDENTAL COSTS.

    Subject to section 104, the Museum shall bear any and all costs 
associated with complying with the provisions of this title, 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.

SEC. 106. LAND USE APPROVALS.

    (a) Existing Authorities.--Nothing in this title 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 title. 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 title.

SEC. 107. REPORTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter until the end of the 5-year period following 
conveyance 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 title.

   TITLE II--FEDERAL TRADE COMMISSION AND THE NATIONAL GALLERY OF ART

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Federal Trade Commission and 
National Gallery of Art Facility Consolidation, Savings, and Efficiency 
Act of 2011''.

SEC. 202. TRANSFER.

    Notwithstanding any other provision of law and not later than 
December 31, 2012, the Administrator of General Services shall transfer 
administrative jurisdiction, custody, and control of the building 
located at 600 Pennsylvania Avenue, NW, District of Columbia, to the 
National Gallery of Art for the purpose of housing and exhibiting works 
of art and to carry out administrative functions and other activities 
related to the mission of the National Gallery of Art.

SEC. 203. REMODELING, RENOVATING, OR RECONSTRUCTING.

    (a) In General.--The National Gallery of Art shall pay for the 
costs of remodeling, renovating, or reconstructing the building 
referred to in section 202.
    (b) Federal Share.--No appropriated funds may be used for the 
initial costs for the remodeling, renovating, or reconstructing of the 
building referred to in section 202.
    (c) Prohibition.--The National Gallery of Art may not use sale, 
lease, or exchange, including leaseback arrangements, for the purposes 
of remodeling, renovating, or reconstructing the building referred to 
in section 202.

SEC. 204. RELOCATION OF THE FEDERAL TRADE COMMISSION.

    (a) Relocation.--Not later than the date specified in section 202, 
the Administrator of General Services shall relocate the Federal Trade 
Commission employees and operations housed in the building identified 
in such section to not more than 160,000 usable square feet of space in 
the southwest quadrant of the leased building known as Constitution 
Center located at 400 7th Street, Southwest in the District of 
Columbia.
    (b) Occupancy Agreement.--Not later than 30 days following 
enactment of this Act, the Administrator of General Services and the 
Securities and Exchange Commission shall execute an agreement to assign 
or sublease the space (leased pursuant to a Letter Contract entered 
into by the Securities and Exchange Commission on July 28, 2010) as 
described in subsection (a), for the purposes of housing the Federal 
Trade Commission employees and operations relocating from the building 
located at 600 Pennsylvania Avenue, NW, District of Columbia, pursuant 
to subsection (a) of this section.

SEC. 205. NATIONAL GALLERY OF ART.

    Beginning on the date that the National Gallery of Art occupies the 
building referred to in section 202--
            (1) the building shall be known and designated as the 
        ``North Building of the National Gallery of Art''; and
            (2) any reference in a law, map, regulation, document, 
        paper, or other record of the United States to the building 
        shall be deemed to be a reference to the ``North Building of 
        the National Gallery of Art''.
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