[Congressional Record Volume 157, Number 174 (Tuesday, November 15, 2011)]
[Senate]
[Pages S7453-S7454]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. BOOZMAN:
S. 1870. 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; to the Committee on Environment
and Public Works.
Mr. BOOZMAN. Mr. President, today I am introducing a piece of
legislation that will save taxpayers an estimated $50 million. This
bill will change the ownership of two properties in D.C. and provide a
space for the National Women's History museum. Under my legislation,
the current headquarters of the Federal Trade Commission, the Apex
Building, would be transferred to the National Gallery of Art. Current
Federal Trade Commission employees would be relocated to office space
already leased to the federal government. The Apex building, under my
legislation, would be used more efficiently and opened up for maximum
public use.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1870
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
[[Page S7454]]
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''.
____________________