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                                                       Calendar No. 445
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-216

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



 
              NATIONAL WOMEN'S HISTORY MUSEUM ACT OF 2009

                                _______
                                

                 June 28, 2010.--Ordered to be printed

                                _______
                                

    Mrs. Boxer, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2129]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 2129) 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, 
reports favorably thereon with amendments and recommends that 
the bill (as amended) do pass.

                      PURPOSES OF THE LEGISLATION

    S. 2129, 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.

                    GENERAL STATEMENT AND BACKGROUND

    S. 2129, 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) for the purpose of establishing a museum dedicated to 
women's history. The site is bounded by 12th Street S.W., 
Independence Ave., the James Forrestal Building, and C Street 
S.W. The NWHM is a nonprofit, non-partisan, educational 
institution located in Washington, D.C. with a mission of 
highlighting, and celebrating historic contributions of women 
in the United States.
    S. 2129 directs the Administrator to convey the property to 
the NWHM at a fair market value of the highest and best use of 
the parcel, as determined by an independent appraisal. The 
Administrator will commission the appraisal and the NWHM will 
pay for the appraisal. 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.
    The NWHM has been seeking a permanent physical location in 
the Nation's capital since its inception. According to the 
NWHM, it intends to privately fund the construction of 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.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that the short title of the bill is the 
``National Women's History Museum Act of 2009''.

Sec. 2. Definitions

    Section 2 contains definitions for terms used in the bill.

Sec. 3. Conveyance of property

    Section 3 defines the process and standards applicable to 
the conveyance of the 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.
    Subsection (c) states the purchase price shall be paid into 
the Federal Buildings Fund established under 40 U.S.C. Sec. 
592.
    Subsection (d) states the property shall be conveyed 
pursuant to a quit claim deed.
    Subsection (e) states that the property must be used only 
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 women's history museum 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, though the Administrator may extend this 
period for such time as is reasonably necessary for the Museum 
to perform its obligations.

Sec. 4. Environmental matters

    Subsection (a) states that the Administrator is authorized 
to contract with the Museum or an affiliate for any needed 
environmental cleanup of the parcel.
    Subsection (b) states that any costs incurred by the Museum 
or an affiliate for the environmental cleanup of the property 
will be credited to the purchase price for the property.
    Subsection (c) states that nothing in this Act, or any 
amendment made by this Act, affects or limits the application 
of or obligation to comply with any environmental law, 
including section 120(h) of CERCLA.

Sec. 5. Incidental costs

    Section 5 states that the Museum must pay for 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 the 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

    Section 7 states that the Museum must 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

    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 the Cotton Annex 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, Senator Collins introduced S. 2129, 
the ``National Women's History Museum Act of 2009'', on October 
29, 2009. On December 4, 2009 the Senate Committee on Homeland 
Security and Governmental Affairs discharged S. 2129 by 
Unanimous Consent, and the bill was referred to the Committee 
on Environment and Public Works.

                             ROLLCALL VOTES

    On April 21, 2010, the Committee on Environment and Public 
Works met and considered S. 2129. The Committee adopted by 
voice vote an amendment to the bill that made technical changes 
to the text and clarified the bill's intent to ensure 
consistency with existing laws. The Committee on Environment 
and Public Works ordered S. 2129, as amended, reported 
favorably to the Senate by voice vote with a quorum present. 
There were no rollcall votes taken in Committee on this bill.

                      REGULATORY IMPACT STATEMENT

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes evaluation of 
the regulatory impact of the reported bill. The Committee finds 
that this legislation, authorizes the transfer of federal 
property for purposes of a national women's history museum, 
does not have substantial regulatory impacts.

                          MANDATES ASSESSMENT

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4), the Committee finds that this legislation does 
not impose intergovernmental mandates or private sector 
mandates as those terms are defined in UMRA. The Congressional 
Budget Office concurs, finding S. 2129 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would not affect the 
budgets of state, local, or tribal governments.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                    April 29, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2129, 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.

S. 2129--National Women's History Museum Act of 2009

    Summary: S. 2129 would direct the General Services 
Administration (GSA) to sell a piece of federal property 
located in Washington, D.C., 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 over the next five 
years. Enacting S. 2129 could affect direct spending; 
therefore, pay-as-you-go procedures would apply to the 
legislation, but CBO estimates that any effects would not be 
significant.\1\ Enacting S. 2129 would not affect revenues.
---------------------------------------------------------------------------
    \1\ The net deficit effects over the 2010-2014 period and over the 
2010-2019 period are relevant for the purposes of enforcing the current 
pay-as-you-go rules in the Senate and the House of Representatives. CBO 
estimates that the net impact would be zero over both of those periods.
---------------------------------------------------------------------------
    S. 2129 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2129 is shown in the following table. 
The costs of this legislation fall within budget function 800 
(general government).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   By fiscal year, in millions of dollars--
                                                     ---------------------------------------------------------------------------------------------------
                                                       2010   2011   2012   2013    2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               CHANGES IN DIRECT SPENDING

Sale of Property:
    Estimated Budget Authority......................      0      0      0     -50      0      0      0      0      0      0      0       -50        -50
    Estimated Outlays...............................      0      0      0     -50      0      0      0      0      0      0      0       -50        -50
Spending of Sales Proceeds by GSA:
    Estimated Budget Authority......................      0      0      0      50      0      0      0      0      0      0      0        50         50
    Estimated Outlays...............................      0      0      0      38     12      0      0      0      0      0      0        50         50
    Total Changes:
        Estimated Budget Authority..................      0      0      0       0      0      0      0      0      0      0      0         0          0
        Estimated Outlays...........................      0      0      0     -12     12      0      0      0      0      0      0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
2129 will be enacted in 2010 and that spending will follow 
historical patterns for the repair and maintenance of GSA 
facilities.
    S. 2129 would authorize the sale of a federal property near 
the James Forrestal building, in southwest Washington, D.C. The 
legislation would direct GSA to complete the conveyance within 
three years. A condition of the sale is that the property would 
be used as the site for a new museum. Under S. 2129, the 
property would revert to the federal government if the 
corporation uses it for any unauthorized purposes or fails to 
commence work on the museum within five years after enactment 
of S. 2129. Any net proceeds from the sale could be spent by 
GSA to repair and maintain other facilities without further 
appropriation.
    Under current law, GSA can transfer surplus federal 
property to public entities at little or no cost to a 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 near the James 
Forrestal building, 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 that 
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 has not been 
completed and would 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.
    Under the legislation, any costs to correct environmental 
contamination of the property would be deducted from the sales 
price. CBO expects that GSA would spend the remaining proceeds 
(about $50 million) 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 enacting legislation over 
both the 2010-2015 and 2010-2020 periods.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. S. 2129 could affect direct spending from the sale of 
property (a credit against direct spending) and the spending of 
those receipts. The net changes in the deficit that are subject 
to those pay-as-you-go procedures are shown in the following 
table.

   CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2129, THE NATIONAL WOMEN'S HISTORY MUSEUM ACT OF 2009, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
                                                     ENVIRONMENT AND PUBLIC WORKS ON APRIL 21, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              By fiscal year, in millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............       0       0       0     -12      12       0       0       0       0       0       0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 2129 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Previous CBO estimates: On April 28, 2010, CBO transmitted 
a cost estimate for H.R. 1700, the National Women's History 
Museum Act of 2009, as ordered reported by the Senate Committee 
on Environment and Public Works on April 21, 2010. On October 
7, 2009, CBO transmitted a cost estimate for H.R. 1700 as 
ordered reported by the House Committee on Transportation and 
Infrastructure on September 24, 2009. The two pieces of 
legislation ordered reported in the Senate are identical and 
are similar to H.R. 1700 as ordered reported in the House. 
CBO's cost estimates for those pieces of legislation are the 
same.
    Estimate prepared by: Federal Costs: Matthew Pickford; 
Impact on State, Local, and Tribal Governments: Elizabeth Cove 
Delisle; Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis.

                        CHANGES IN EXISTING LAW

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.