[Senate Report 112-14]
[From the U.S. Government Publishing Office]
Calendar No. 37
112th Congress Report
SENATE
1st Session 112-14
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NATIONAL WOMEN'S HISTORY MUSEUM ACT OF 2011
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May 2, 2011.--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. 680]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 680) 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 an amendment and recommends that
the bill, as amended, do pass.
PURPOSES OF THE LEGISLATION
S. 680, 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. 680, 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, nonpartisan, educational
institution located in Washington, D.C. with a mission of
highlighting, and celebrating historic contributions of women
in the United States.
The NWHM 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.
S. 680 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.
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 2011''.
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 to 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 women's history museum for the 99-year
period beginning on the date of conveyance to the Museum.
Subsection (f) prohibits the use of federal funds by the
Museum for the purchase of the property, the design and
construction of any facility on the property or as a credit
pursuant to section 4(b).
Subsection (g) 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 (g) 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 (h) 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, in fulfilling
the responsibility of the Administrator to address
contamination on the property, 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. The
subsection also limits the amount of the credit to the purchase
price of 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, 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.
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. The Committee on Environment and Public Works
amended and then voted the Senate bill and H.R. 1700 out of
committee on April 21, 2010.
In the 112th Congress, Senator Collins introduced S. 680,
the ``National Women's History Museum Act of 2011'', on March
30, 2011. The bill was referred to the Senate Committee on
Environment and Public Works. On April 14, 2011 the Committee
on Environment and Public Works amended and favorably reported
the bill out of committee.
HEARINGS
There were no hearings held on this bill.
ROLLCALL VOTES
On April 14, 2011, the Committee on Environment and Public
Works met and considered S. 680. 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. 680, 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.
April 22, 2011.
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. 680, the National
Women's History Museum Act of 2011.
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. 680--National Women's History Museum Act of 2011
Summary: S. 680 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). Any net proceeds from
the sale could be spent by GSA to repair and maintain other
facilities without further appropriation.
CBO estimates that this conveyance would not have a
significant net impact on the federal budget over the next five
years. Enacting S. 680 could affect direct spending; therefore,
pay-as-you-go procedures apply to the legislation, but CBO
estimates that the net effects would not be significant over
either the 2012-2016 period or the 2012-2021 period. Enacting
S. 680 would not affect revenues.
S. 680 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. 680 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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2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2012-2016 2012-2021
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CHANGES IN DIRECT SPENDING
Sale of Property:
Estimated Budget Authority............................. 0 0 -50 0 0 0 0 0 0 0 -50 50
Estimated Outlays...................................... 0 0 -50 0 0 0 0 0 0 0 -50 -50
Spending of Sales Proceeds by GSA:
Estimated Budget Authority............................. 0 0 50 0 0 0 0 0 0 0 50 50
Estimated Outlays...................................... 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
Estimated Outlays.................................. 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 S.
680 will be enacted by the end of 2011 and that spending will
follow historical patterns for GSA's projects to repair and
maintenance its facilities.
S. 680 would authorize the sale of a federal property near
the near the intersection of 12th Street and Independence
Avenue, S.W., in Washington, D.C. The legislation would direct
GSA to complete the conveyance within three years. No federal
funds could be used to purchase the site or to design and
construct the museum. Under the bill, a condition of the sale
is that the property would be used as the site for a new
museum. Under S. 680, 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 S. 680. 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 (including 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
intersection of 12th Street and Independence Avenue, S.W.,
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, under current law, CBO does not expect that
the property would be conveyed for a public purpose or sold
over the next 10 years.
An assessment of the property's value has not yet been
completed. That assessment would depend on a variety of
factors, including the property's highest and best use, the
presence of any hazardous substances, zoning restrictions, and
a final land survey. Based on recent property sales in the
District of Columbia, CBO estimates that net proceeds from this
sale would probably total about $50 million.
Under the legislation, any costs to correct environmental
contamination of the property would be deducted from, but could
not exceed, the sales price. CBO expects that GSA would spend
the net proceeds, about $50 million, from the sale to maintain
and renovate other federal facilities.
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. 680 would affect directspending 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. 680, THE NATIONAL WOMEN'S HISTORY MUSEUM ACT OF 2011, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON
ENVIRONMENT AND PUBLIC WORKS ON APRIL 14, 2010.
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By fiscal year, in millions of dollars--
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2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2011-2016 2011-2021
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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
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Intergovernmental and private-sector impact: S. 680
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
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.