II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Women’s His3 tory Museum and Federal Facilities Consolidation and Ef4 ficiency Act of 2011’’. 

5 TITLE I—NATIONAL WOMEN’S 

6 HISTORY MUSEUM 

7 SEC. 101. SHORT TITLE. 

8 This title may be cited as the ‘‘National Women’s 

9 History Museum Act of 2011’’. 

10 SEC. 102. DEFINITIONS. 

11 In this title, the following definitions apply: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of General Serv14 ices. 

15 (2) CERCLA.—The term ‘‘CERCLA’’ means 

16 the Comprehensive Environmental Response, Com17 pensation, and Liability Act of 1980 (42 U.S.C. 

18 9601 et seq.). 

19 (3) COMMITTEES.—The term ‘‘Committees’’ 

20 means the Committee on Transportation and Infra21 structure of the House of Representatives and the 

22 Committee on Environment and Public Works of the 

23 Senate. 

24 (4) MUSEUM.—The term ‘‘Museum’’ means the 

25 National Women’s History Museum, Inc., a District 

26 of Columbia nonprofit corporation exempt from taxVerDate Mar 15 2010 21:33 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.IS S1870

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1 ation pursuant to section 501(c)(3) of the Internal 

2 Revenue Code of 1986. 

3 (5) PROPERTY.—The term ‘‘Property’’ means 

4 the property located in the District of Columbia, 

5 subject to survey and as determined by the Adminis6 trator, generally consisting of Squares 325 and 326 

7 and a portion of Square 351. The Property is gen8 erally bounded by 12th Street, Independence Ave9 nue, C Street, and the James Forrestal Building, all 

10 in Southwest Washington, District of Columbia, and 

11 shall include all associated air rights, improvements 

12 thereon, and appurtenances thereto. 

13 SEC. 103. CONVEYANCE OF PROPERTY. 

14 (a) AUTHORITY TO CONVEY.— 

15 (1) IN GENERAL.—Subject to the requirements 

16 of this title, the Administrator shall convey the 

17 Property to the Museum, on such terms and condi18 tions as the Administrator considers reasonable and 

19 appropriate to protect the interests of the United 

20 States and further the purposes of this title. 

21 (2) AGREEMENT.—As soon as practicable, but 

22 not later than 180 days after the date of enactment 

23 of this Act, the Administrator shall enter into an 

24 agreement with the Museum for the conveyance. 


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1 (3) TERMS AND CONDITIONS.—The terms and 

2 conditions of the agreement shall address, among 

3 other things, mitigation of developmental impacts to 

4 existing Federal buildings and structures, security 

5 concerns, and operational protocols for development 

6 and use of the property. 

7 (b) PURCHASE PRICE.— 

8 (1) IN GENERAL.—The purchase price for the 

9 Property shall be its fair market value based on its 

10 highest and best use as determined by an inde11 pendent appraisal commissioned by the Adminis12 trator and paid for by the Museum. 

13 (2) SELECTION OF APPRAISER.—The appraisal 

14 shall be performed by an appraiser mutually accept15 able to the Administrator and the Museum. 

16 (3) TERMS AND CONDITIONS FOR APPRAISAL.— 

17 (A) IN GENERAL.—Except as provided by 

18 subparagraph (B), the assumptions, scope of 

19 work, and other terms and conditions related to 

20 the appraisal assignment shall be mutually ac21 ceptable to the Administrator and the Museum. 

22 (B) REQUIRED TERMS.—The appraisal 

23 shall assume that the Property does not contain 

24 hazardous substances (as defined in section 101 

25 of CERCLA (42 U.S.C. 9601)) or any other 


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1 hazardous waste or pollutant that requires a re2 sponse action or corrective action under any ap3 plicable environmental law. 

4 (c) APPLICATION OF PROCEEDS.—The purchase 

5 price shall be paid into an account in the Federal Build6 ings Fund established under section 592 of title 40, 

7 United States Code. Upon deposit, the proceeds from the 

8 conveyance may only be expended subject to a specific fu9 ture appropriation. 

10 (d) QUIT CLAIM DEED.—The Property shall be con11 veyed pursuant to a quit claim deed. 

12 (e) USE RESTRICTION.—The Property shall be dedi13 cated for use as a site for a national women’s history mu14 seum for the 99-year period beginning on the date of con15 veyance to the Museum. 

16 (f) FUNDING RESTRICTION.—No Federal funds shall 

17 be made available— 

18 (1) to the Museum for— 

19 (A) the purchase of the Property; or 

20 (B) the design and construction of any fa21 cility on the Property; or 

22 (2) by the Museum or any affiliate of the Mu23 seum as a credit pursuant to section 104(b). 

24 (g) REVERSION.— 


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1 (1) BASES FOR REVERSION.—The Property 

2 shall revert to the United States, at the option of 

3 the United States, without any obligation for repay4 ment by the United States of any amount of the 

5 purchase price for the property, if— 

6 (A) the Property is not used as a site for 

7 a national women’s history museum at any time 

8 during the 99-year period referred to in sub9 section (e); or 

10 (B) the Museum has not commenced con11 struction of a museum facility on the Property 

12 in the 5-year period beginning on the date of 

13 enactment of this Act, other than for reasons 

14 beyond the control of the Museum as reason15 ably determined by the Administrator. 

16 (2) ENFORCEMENT.—The Administrator may 

17 perform any acts necessary to enforce the rever18 sionary rights provided in this section. 

19 (3) CUSTODY OF PROPERTY UPON REVER20 SION.—If the Property reverts to the United States 

21 pursuant to this section, such property shall be 

22 under the custody and control of the Administrator. 

23 (h) CLOSING.—The conveyance pursuant to this title 

24 shall occur not later than 3 years after the date of enact25 ment of this Act. The Administrator may extend that peVerDate Mar 15 2010 21:33 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1870.IS S1870

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1 riod for such time as is reasonably necessary for the Mu2 seum to perform its obligations under section 104(a). 

3 SEC. 104. ENVIRONMENTAL MATTERS. 

4 (a) AUTHORIZATION TO CONTRACT FOR ENVIRON5 MENTAL RESPONSE ACTIONS.—In fulfilling the responsi6 bility of the Administrator to address contamination on 

7 the Property, the Administrator may contract with the 

8 Museum or an affiliate of the Museum for the perform9 ance (on behalf of the Administrator) of response actions 

10 on the Property. 

11 (b) CREDITING OF RESPONSE COSTS.— 

12 (1) IN GENERAL.—Any costs incurred by the 

13 Museum or an affiliate of the Museum using non14 Federal funding pursuant to subsection (a) shall be 

15 credited to the purchase price for the Property. 

16 (2) LIMITATION.—A credit under paragraph (1) 

17 shall not exceed the purchase price of the Property. 

18 (c) NO EFFECT ON COMPLIANCE WITH ENVIRON19 MENTAL LAWS.—Nothing in this title, or any amendment 

20 made by this title, affects or limits the application of or 

21 obligation to comply with any environmental law, including 

22 section 120(h) of CERCLA (42 U.S.C. 9620(h)). 

23 SEC. 105. INCIDENTAL COSTS. 

24 Subject to section 104, the Museum shall bear any 

25 and all costs associated with complying with the provisions 


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1 of this title, including studies and reports, surveys, relo2 cating tenants, and mitigating impacts to existing Federal 

3 buildings and structures resulting directly from the devel4 opment of the property by the Museum. 

5 SEC. 106. LAND USE APPROVALS. 

6 (a) EXISTING AUTHORITIES.—Nothing in this title 

7 shall be construed as limiting or affecting the authority 

8 or responsibilities of the National Capital Planning Com9 mission or the Commission of Fine Arts. 

10 (b) COOPERATION.— 

11 (1) ZONING AND LAND USE.—Subject to para12 graph (2), the Administrator shall reasonably co13 operate with the Museum with respect to any zoning 

14 or other land use matter relating to development of 

15 the Property in accordance with this title. Such co16 operation shall include consenting to applications by 

17 the Museum for applicable zoning and permitting 

18 with respect to the property. 

19 (2) LIMITATIONS.—The Administrator shall not 

20 be required to incur any costs with respect to co21 operation under this subsection and any consent pro22 vided under this subsection shall be premised on the 

23 property being developed and operated in accordance 

24 with this title. 


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1 SEC. 107. REPORTS. 

2 Not later than 1 year after the date of enactment 

3 of this Act, and annually thereafter until the end of the 

4 5-year period following conveyance of the Property or until 

5 substantial completion of the museum facility (whichever 

6 is later), the Museum shall submit annual reports to the 

7 Administrator and the Committees detailing the develop8 ment and construction activities of the Museum with re9 spect to this title. 

10 TITLE II—FEDERAL TRADE COM11 MISSION AND THE NATIONAL 

12 GALLERY OF ART 

13 SEC. 201. SHORT TITLE. 

14 This title may be cited as the ‘‘Federal Trade Com15 mission and National Gallery of Art Facility Consolida16 tion, Savings, and Efficiency Act of 2011’’. 

17 SEC. 202. TRANSFER. 

18 Notwithstanding any other provision of law and not 

19 later than December 31, 2012, the Administrator of Gen20 eral Services shall transfer administrative jurisdiction, 

21 custody, and control of the building located at 600 Penn22 sylvania Avenue, NW, District of Columbia, to the Na23 tional Gallery of Art for the purpose of housing and exhib24 iting works of art and to carry out administrative func25 tions and other activities related to the mission of the Na26 tional Gallery of Art. 


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1 SEC. 203. REMODELING, RENOVATING, OR RECON2 STRUCTING. 

3 (a) IN GENERAL.—The National Gallery of Art shall 

4 pay for the costs of remodeling, renovating, or recon5 structing the building referred to in section 202. 

6 (b) FEDERAL SHARE.—No appropriated funds may 

7 be used for the initial costs for the remodeling, renovating, 

8 or reconstructing of the building referred to in section 

9 202. 

10 (c) PROHIBITION.—The National Gallery of Art may 

11 not use sale, lease, or exchange, including leaseback ar12 rangements, for the purposes of remodeling, renovating, 

13 or reconstructing the building referred to in section 202. 

14 SEC. 204. RELOCATION OF THE FEDERAL TRADE COMMIS15 SION. 

16 (a) RELOCATION.—Not later than the date specified 

17 in section 202, the Administrator of General Services shall 

18 relocate the Federal Trade Commission employees and op19 erations housed in the building identified in such section 

20 to not more than 160,000 usable square feet of space in 

21 the southwest quadrant of the leased building known as 

22 Constitution Center located at 400 7th Street, Southwest 

23 in the District of Columbia. 

24 (b) OCCUPANCY AGREEMENT.—Not later than 30 

25 days following enactment of this Act, the Administrator 

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1 mission shall execute an agreement to assign or sublease 

2 the space (leased pursuant to a Letter Contract entered 

3 into by the Securities and Exchange Commission on July 

4 28, 2010) as described in subsection (a), for the purposes 

5 of housing the Federal Trade Commission employees and 

6 operations relocating from the building located at 600 

7 Pennsylvania Avenue, NW, District of Columbia, pursuant 

8 to subsection (a) of this section. 

9 SEC. 205. NATIONAL GALLERY OF ART. 

10 Beginning on the date that the National Gallery of 

11 Art occupies the building referred to in section 202— 

12 (1) the building shall be known and designated 

13 as the ‘‘North Building of the National Gallery of 

14 Art’’; and 

15 (2) any reference in a law, map, regulation, 

16 document, paper, or other record of the United 

17 States to the building shall be deemed to be a ref18 erence to the ‘‘North Building of the National Gal19 lery of Art’’. 

Æ 


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