II 

111TH CONGRESS 

1ST SESSION 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. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Ms. COLLINS (for herself, Mr. LIEBERMAN, Mr. GRASSLEY, Ms. MIKULSKI, 

Mrs. BOXER, Mrs. FEINSTEIN, Mrs. MURRAY, Ms. SNOWE, Ms. 

LANDRIEU, Mrs. LINCOLN, Mr. VOINOVICH, Ms. CANTWELL, Ms. 

STABENOW, Ms. MURKOWSKI, Mr. PRYOR, Mrs. MCCASKILL, Ms. 

KLOBUCHAR, Mrs. GILLIBRAND, Mrs. HAGAN, and Mrs. SHAHEEN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Women’s His5 tory Museum Act of 2009’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of General Serv5 ices. 

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

7 the Comprehensive Environmental Response, Com8 pensation, and Liability Act of 1980 (42 U.S.C. 

9 9601 et seq.). 

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

11 means the Committee on Transportation and Infra12 structure of the House of Representatives and the 

13 Committee on Environment and Public Works of the 

14 Senate. 

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

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

17 of Columbia nonprofit corporation exempt from tax18 ation pursuant to section 501(c)(3) of the Internal 

19 Revenue Code of 1986. 

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

21 the property located in the District of Columbia, 

22 subject to survey and as determined by the Adminis23 trator, generally consisting of Squares 325 and 326. 

24 The Property is generally bounded by 12th Street, 

25 Independence Avenue, C Street, and the James For26 restal Building, all in Southwest Washington, DisVerDate Nov 24 2008 03:13 Oct 31, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2129.IS S2129

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1 trict of Columbia, and shall include all associated air 

2 rights, improvements thereon, and appurtenances 

3 thereto. 

4 SEC. 3. CONVEYANCE OF PROPERTY. 

5 (a) AUTHORITY TO CONVEY.— 

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

7 of this Act, the Administrator shall convey the Prop8 erty to the Museum, on such terms and conditions 

9 as the Administrator considers reasonable and ap10 propriate to protect the interests of the United 

11 States and further the purposes of this Act. 

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

13 not later than 180 days after the date of enactment 

14 of this Act, the Administrator shall enter into an 

15 agreement with the Museum for the conveyance. 

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

17 conditions of the agreement shall address, among 

18 other things, mitigation of developmental impacts to 

19 existing Federal buildings and structures, security 

20 concerns, and operational protocols for development 

21 and use of the property. 

22 (b) PURCHASE PRICE.— 

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

24 Property shall be its fair market value based on its 

25 highest and best use as determined by an indeVerDate Nov 24 2008 03:13 Oct 31, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2129.IS S2129

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1 pendent appraisal commissioned by the Adminis2 trator and paid for by the Museum. 

3 (2) SELECTION OF APPRAISER.—The appraisal 

4 shall be performed by an appraiser mutually accept5 able to the Administrator and the Museum. 

6 (3) TERMS AND CONDITIONS FOR APPRAISAL.— 

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

8 subparagraph (B), the assumptions, scope of 

9 work, and other terms and conditions related to 

10 the appraisal assignment shall be mutually ac11 ceptable to the Administrator and the Museum. 

12 (B) REQUIRED TERMS.—The appraisal 

13 shall assume that the Property does not contain 

14 hazardous substances (as defined in section 101 

15 of CERCLA (42 U.S.C. 9601)) which require 

16 response action (as defined in such section). 

17 (c) APPLICATION OF PROCEEDS.—The purchase 

18 price shall be paid into the Federal Buildings Fund estab19 lished under section 592 of title 40, United States Code. 

20 Upon deposit, the Administrator may expend, in amounts 

21 specified in appropriations Acts, the proceeds from the 

22 conveyance for any lawful purpose consistent with existing 

23 authorities granted to the Administrator; except that the 

24 Administrator shall provide the Committees with 30 days 

25 advance written notice of any expenditure of the proceeds. 


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1 (d) QUIT CLAIM DEED.—The Property shall be con2 veyed pursuant to a quit claim deed. 

3 (e) USE RESTRICTION.—The Property shall be dedi4 cated for use as a site for a national women’s history mu5 seum for the 99-year period beginning on the date of con6 veyance to the Museum. 

7 (f) REVERSION.— 

8 (1) BASES FOR REVERSION.—The Property 

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

10 the United States, without any obligation for repay11 ment by the United States of any amount of the 

12 purchase price for the property, if— 

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

14 a national women’s history museum at any time 

15 during the 99-year period referred to in sub16 section (e); or 

17 (B) the Museum has not commenced con18 struction of a museum facility on the Property 

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

20 enactment of this Act, other than for reasons 

21 beyond the control of the Museum as reason22 ably determined by the Administrator. 

23 (2) ENFORCEMENT.—The Administrator may 

24 perform any acts necessary to enforce the rever25 sionary rights provided in this section. 


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1 (3) CUSTODY OF PROPERTY UPON REVER2 SION.—If the Property reverts to the United States 

3 pursuant to this section, such property shall be 

4 under the custody and control of the Administrator. 

5 (g) CLOSING.—The conveyance pursuant to this Act 

6 shall occur not later than 3 years after the date of enact7 ment of this Act. The Administrator may extend that pe8 riod for such time as is reasonably necessary for the Mu9 seum to perform its obligations under section 4(a). 

10 SEC. 4. ENVIRONMENTAL MATTERS. 

11 (a) AUTHORIZATION TO CONTRACT FOR ENVIRON12 MENTAL RESPONSE ACTIONS.—The Administrator is au13 thorized to contract, in an amount not to exceed the pur14 chase price for the Property, in the absence of appropria15 tions and otherwise without regard to section 1341 of title 

16 31, United States Code, with the Museum or an affiliate 

17 thereof for the performance (on behalf of the Adminis18 trator) of response actions (if any) required on the Prop19 erty pursuant to CERCLA. 

20 (b) CREDITING OF RESPONSE COSTS.—Any costs in21 curred by the Museum or an affiliate thereof pursuant to 

22 subsection (a) shall be credited to the purchase price for 

23 the Property. 

24 (c) RELATIONSHIP TO CERCLA.—Nothing in this 

25 Act may be construed to affect or limit the application 


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1 of or obligation to comply with any environmental law, in2 cluding section 120(b) of CERCLA (42 U.S.C. 9620(b)). 

3 SEC. 5. INCIDENTAL COSTS. 

4 Subject to section 4, the Museum shall bear any and 

5 all costs associated with complying with the provisions of 

6 this Act, including studies and reports, surveys, relocating 

7 tenants, and mitigating impacts to existing Federal build8 ings and structures resulting directly from the develop9 ment of the property by the Museum. 

10 SEC. 6. LAND USE APPROVALS. 

11 (a) EXISTING AUTHORITIES.—Nothing in this Act 

12 shall be construed as limiting or affecting the authority 

13 or responsibilities of the National Capital Planning Com14 mission or the Commission of Fine Arts. 

15 (b) COOPERATION.— 

16 (1) ZONING AND LAND USE.—Subject to para17 graph (2), the Administrator shall reasonably co18 operate with the Museum with respect to any zoning 

19 or other land use matter relating to development of 

20 the Property in accordance with this Act. Such co21 operation shall include consenting to applications by 

22 the Museum for applicable zoning and permitting 

23 with respect to the property. 

24 (2) LIMITATIONS.—The Administrator shall not 

25 be required to incur any costs with respect to coVerDate Nov 24 2008 03:13 Oct 31, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2129.IS S2129

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1 operation under this subsection and any consent pro2 vided under this subsection shall be premised on the 

3 property being developed and operated in accordance 

4 with this Act. 

5 SEC. 7. REPORTS. 

6 Not later than 1 year after the date of enactment 

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

8 5-year period following conveyance of the Property or until 

9 substantial completion of the museum facility (whichever 

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

11 Administrator and the Committees detailing the develop12 ment and construction activities of the Museum with re13 spect to this Act. 

Æ 


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