[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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