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Calendar No. 446
111th Congress Report
2d Session SENATE 111-217
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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 H.R. 1700]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which 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,
reports favorably thereon with amendments and recommends that
the bill (as amended) do pass.
PURPOSES 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.
GENERAL STATEMENT AND BACKGROUND
H.R. 1700, as amended, directs the Administrator of General
Services to sell, at fair market value, real property in
southwest Washington, DC, 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 SW.,
Independence Ave., the James Forrestal Building, and C Street
SW. The NWHM is a nonprofit, nonpartisan educational
institution located in Washington, DC with a mission of
highlighting, and celebrating historic contributions of women
in the United States.
H.R. 1700 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 educational 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, DC, 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. The House Committee on
Transportation and Infrastructure, to whom was referred H.R.
1700, reported the bill, as amended, on October 8, 2009. H.R.
1700 passed the House on October 14, 2009.
ROLLCALL VOTES
On April 21, 2010, the Committee on Environment and Public
Works met and considered H.R. 1700. 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 H.R. 1700, 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, which 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 ``H.R. 1700 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 28, 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 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
Summary: H.R. 1700 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 H.R. 1700 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 H.R. 1700 would not affect revenues.
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\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.
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H.R. 1700 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 H.R. 1700 is shown in the following table.
The costs of this legislation fall within budget function 800
(general government).
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By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
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CHANGES IN DIRECT SPENDINGSale 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
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Basis of estimate: For this estimate, CBO assumes that H.R.
1700 will be enacted in 2010 and that spending will follow
historical patterns for the repair and maintenance of GSA
facilities.
H.R. 1700 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
H.R. 1700, the property would revert to the federal government
if the corporation uses it for any unauthorized proposes or
fails to commence work on the museum within five years after
enactment of H.R. 1700. 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. H.R. 1700 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 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.
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By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
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NET INCREASE OR DECREASE (-) IN THE DEFICITStatutory Pay-As-You-Go Impact............ 0 0 0 -12 12 0 0 0 0 0 0 0 0
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Intergovernmental and private-sector impact: H.R. 1700
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 estimate: 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 are similar and their
estimated costs 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.
