[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''.

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