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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-295

======================================================================



 
              NATIONAL WOMEN'S HISTORY MUSEUM ACT OF 2009

                                _______
                                

October 8, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1700]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 1700) 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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Women's History Museum Act of 
2009''.

SEC. 2. DEFINITIONS.

  In this Act, 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. 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. 3. CONVEYANCE OF PROPERTY.

  (a) Authority To Convey.--
          (1) In general.--Subject to the requirements of this Act, 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 Act.
          (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)) 
                which require response action (as defined in such 
                section).
  (c) Application of Proceeds.--The purchase price shall be paid into 
the Federal Buildings Fund established under section 592 of title 40, 
United States Code. Upon deposit, the Administrator may expend, in 
amounts specified in appropriations Acts, the proceeds from the 
conveyance for any lawful purpose consistent with existing authorities 
granted to the Administrator, except that the Administrator shall 
provide the Committees with 30 days advance written notice of any 
expenditure of the proceeds.
  (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) 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.
  (g) Closing Deadline.--The conveyance pursuant to this Act 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 4(a).

SEC. 4. ENVIRONMENTAL MATTERS.

  (a) Authorization To Contract for Environmental Response Actions.--
The Administrator is authorized to contract, in an amount not to exceed 
the purchase price for the property, with the Museum or an affiliate 
thereof for the performance (on behalf of the Administrator) of 
response actions (if any) required on the property pursuant to CERCLA.
  (b) Crediting of Response Costs.--Any costs incurred by the Museum or 
an affiliate thereof pursuant to subsection (a) shall be credited to 
the purchase price for the property.
  (c) Relationship to CERCLA.--Nothing in this Act may be construed to 
affect or limit the application of or obligation to comply with any 
environmental law, including section 120(b) of CERCLA (42 U.S.C. 
9620(b)).

SEC. 5. INCIDENTAL COSTS.

  Subject to section 4, the Museum shall bear any and all costs 
associated with complying with the provisions of this Act, 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. 6. LAND USE APPROVALS.

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

SEC. 7. REPORTS.

  Not later than one 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 Act.

                       PURPOSE OF THE LEGISLATION

    H.R. 1700, as amended, authorizes 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1700, as amended, directs the Administrator of General 
Services to sell, at fair market value, real property in 
southwest Washington, D.C., commonly known as the ``Cotton 
Annex'' site, to the National Women's History Museum, Inc. 
(NWHM), a District of Columbia non-profit corporation, for the 
purpose of establishing a museum dedicated to women's history. 
The site is bounded by 12th Street SW., Independence Ave, the 
James Forrestal Building, and C Street SW. The NWHM is non 
partisan, educational institution with a mission of 
highlighting, and celebrating historic contributions of women 
in the United States.
    The NWHM was founded in 1996, and has been seeking a 
permanent physical location in the Nation's capital since its 
inception. According to the NWHM, it intends to build a 
``green'' building that will cost between $250 million and $350 
million. The costs will include design, planning, construction, 
and two years of operation. The permanent museum is expected to 
be a focal point that will have permanent and temporary 
exhibits, special events, and education materials that 
highlight women's social, political, and intellectual 
contributions to history. According to the NWHM, this museum 
will be the first permanent and comprehensive record of woman's 
history in Washington, D.C.
    The site will be conveyed to the NWHM at fair market value 
of the highest and best use of the parcel, as determined by an 
independent appraisal. The appraisal will be commissioned by 
the Administrator and paid for by the NWHM. All costs 
associated with the transfer of the parcel will be borne by the 
NWHM. The NWHM will have five years to raise funds to construct 
the museum. If, after five years, the fundraising has not been 
successful, the property will revert back to the Federal 
Government. The Federal Government's interest in the parcel is 
further protected by limiting use of the parcel as a site for 
the National Women's History Museum for 99 years.

                       SUMMARY OF THE LEGISLATION

Section 1. Short title

    This section establishes the short title of the bill as the 
``National Women's History Museum Act of 2009''.

Sec 2. Definitions

    This section includes definitions for terms used throughout 
the bill.
    Administrator--The term ``Administrator'' means the 
Administrator of General Services.
    CERCLA--The term ``CERCLA'' means the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. Sec. 9601 et seq.).
    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.
    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.
    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, bounded by 12th Street, Independence 
Avenue, C Street, and the James Forrestal Building, all in 
Southwest Washington, D.C., and shall include all associated 
air rights, improvements thereon, and appurtenances thereto.

Sec 3. Conveyance of property

    Subsection (a) directs the Administrator convey the 
property to the Museum on such terms and conditions that the 
Administrator deems reasonable and appropriate to protect the 
interests of the United States. As soon as practicable, but not 
later than 180 days after the date of enactment of this Act, 
the Administrator is directed to enter into an agreement with 
the Museum for the conveyance. 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.
    Subsection (b) states that 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. 
The appraisal shall be performed by an appraiser mutually 
acceptable to the Administrator and the Museum. 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. The appraisal 
shall assume that the property does not contain hazardous 
substances (as defined in section 101 of CERCLA (42 U.S.C. 
Sec. 9601)), which require response action.
    Subsection (c) states the purchase price shall be paid into 
the Federal Buildings Fund established under 40 U.S.C. 
Sec. 592. Upon deposit, the Administrator may expend, in 
amounts specified in appropriations acts, the proceeds from the 
conveyance for any lawful purpose consistent with existing 
authorities granted to the Administrator; except that the 
Administrator shall provide the Committees with 30 days advance 
written notice of any expenditure of the proceeds.
    Subsection (d) states the property shall be conveyed 
pursuant to a quit claim deed.
    Subsection (e) outlines the use restriction. The property 
is required to be dedicated for use as a site for a national 
woman's history museum for the 99-year period beginning on the 
date of conveyance to the Museum.
    Subsection (f) states the basis of 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 
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 if the Museum has not commenced 
construction of a museum facility on that portion in the five-
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. Subsection (f) also 
grants the Administrator the authority to perform any acts 
necessary to enforce the reversionary rights provided in this 
section. If any portion of the property reverts to the United 
States pursuant to this section, such property shall be under 
the custody and control of the Administrator.
    Subsection (g) states that the conveyance pursuant to this 
Act shall occur not later than three 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 the requirements of the Act.

Sec 4. Environmental matters

    Subsection (a) states that the Administrator is authorized 
to contract, in an amount not to exceed the purchase price for 
the property, with the Museum or an affiliate for the 
environmental clean up, if any, of the parcel.
    Subsection (b) states that any costs incurred by the Museum 
or an affiliate for the environmental clean up of the property 
will be credited to the purchase price for the property.
    Subsection (c) states that nothing in this Act can be 
construed to affect or limit the application of, or obligation 
to comply with, any environmental law, including CERCLA.

Sec 5. Incidental costs

    The Museum is required to bear all costs associated with 
complying with the provisions of this Act, including: 
relocating existing tenants; related studies, reports, surveys; 
and mitigating impacts to existing Federal buildings and 
structures.

Sec 6. Land use approvals

    Subsection (a) states that no portion of the Act should be 
construed to limit or affect the authority or responsibilities 
of the National Capital Planning Commission or the Commission 
of Fine Arts.
    Subsection (b) directs the Administrator to cooperate with 
the Museum with respect to any zoning or other land use matter 
relating to development of the property in accordance with the 
Act. This cooperation includes consenting to applications by 
the Museum for applicable zoning and permitting with respect to 
the property.
    The Administrator is not required to incur any costs with 
respect to cooperation under this section of the bill.

Sec 7. Reports

    The Museum is required to produce an annual report, 
starting not later than one year after the date of enactment of 
this Act until the end of the five-year period following 
conveyance of the property or until substantial completion of 
the museum facility (whichever is later), to the Administrator 
and the Committees. The report is required to detail the 
development and construction activities of the Museum.

            LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

    In the 108th and 109th Congresses, bills were introduced to 
convey the ``Pavilion Annex'' of the Old Post Office Building 
to the National Women's History Museum. See S. 1741, S. 501, 
and H.R. 1429. S. 1741 and S. 501 passed the Senate on November 
21, 2003, and July 29, 2005, respectively. No further action 
was taken on the bills.
    In the 110th Congress, Representative Carolyn Maloney 
introduced H.R. 6548, the ``General Services Administration 
Portfolio Enhancement Act of 2008'', on July 17, 2008. H.R. 
6548 would convey property in Southwest, Washington, D.C., to 
the National Women's History Museum. No further action was 
taken on the bill. On July 20, 2007, Senator Susan Collins 
introduced S. 1841, the ``National Women's History Museum Act 
of 2007''. No further action was taken on the bill.
    In the 111th Congress, Representative Carolyn Maloney 
introduced H.R. 1700, the ``National Women's History Museum Act 
of 2009'', on March 25, 2009. On September 24, 2009, the 
Committee on Transportation and Infrastructure met in open 
session and considered H.R. 1700. The Committee adopted an 
amendment in the nature of a substitute to the bill by voice 
vote with a quorum present. The Committee on Transportation and 
Infrastructure ordered H.R. 1700, as amended, reported 
favorably to the House by voice vote with a quorum present.

                              RECORD VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with consideration 
of H.R. 1700, or ordering the bill, as amended, reported. A 
motion to order H.R. 1700, as amended, reported favorably to 
the House was agreed to by voice vote with a quorum present.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          COST OF LEGISLATION

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
direct the Administrator of the General Services Administration 
to convey a parcel of the land in the District of Columbia to 
the National Women's History Museum to construct a museum.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 
1700, as amended, from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 7, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1700, the National 
Women's History Museum Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1700--National Women's History Museum Act of 2009

    H.R. 1700 would permit the General Services Administration 
(GSA) to sell a property to the National Women's History 
Museum, Inc. (a nonprofit corporation). CBO estimates that this 
conveyance would not have a significant net impact on the 
federal budget.
    The bill would authorize the sale of a property bounded by 
12th Street, Independence Avenue, C Street, and the James 
Forrestal building, in southwest Washington, D.C. The 
legislation would direct GSA to complete the conveyance within 
three years. The property would be used as the site for a new 
museum. Under the bill, the property would revert to the 
federal government if the corporation uses it for unauthorized 
proposes or fails to commence work on the museum within five 
years. Any net proceeds from the sale could be spent by GSA 
without further Congressional action.
    Under current law, GSA can transfer surplus federal 
property to public entities at little or no cost to the 
recipient for certain purposes (such as use by another federal 
or local government agency) before offering the property for 
sale. Any cash payments resulting from public sales are 
deposited in the Treasury as offsetting receipts (a credit 
against direct spending). GSA currently controls the property 
which consists primarily of a small parking lot; the agency 
reports that it has no plans to declare the property excess to 
its needs. Thus, CBO does not expect the property would be 
conveyed for a public purpose or sold over the next 10 years 
under current law.
    An assessment of the property's value (upon which the sale 
price would be based) has not been completed and will depend on 
a variety of factors, including the property's highest and best 
use, zoning restrictions, and a final land survey. Based on 
recent property sales in the District, CBO estimates that 
proceeds from this sale would probably total less than $60 
million. (Any costs to correct environmental contamination of 
the property would be deducted from the sales price.) CBO 
expects that GSA would spend the resulting net proceeds from 
the sale to maintain and renovate other federal facilities. 
Because GSA has a considerable backlog of such projects, we 
estimate that there would be no significant net budgetary 
impact from the legislation.
    H.R. 1700 contains no intergovernmental or private-sector 
mandates as deigned in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                     COMPLIANCE WITH HOUSE RULE XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
1700, as amended, does not contain any earmarks, limited tax 
benefits, or limited tariff benefits under clause 9(e), 9(f), 
or 9(g) of rule XXI.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        PREEMPTION CLARIFICATION

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 1700, as amended, 
does not preempt any state, local, or tribal law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    H.R. 1700, as amended, makes no changes in existing law.