II 

Calendar No. 445 

111TH CONGRESS 

2D SESSION S. 2129 

[Report No. 111–216] 

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, Mrs. SHAHEEN, Mr. 

BEGICH, Mr. AKAKA, and Mr. CARDIN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

DECEMBER 4, 2009 

Committee discharged; referred to the Committee on Environment and Public 

Works 

JUNE 28, 2010 

Reported by Mrs. BOXER, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To authorize the Administrator of General Services to convey 

a parcel of real property in the District of Columbia 


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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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of General Serv10 ices. 

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

12 the Comprehensive Environmental Response, Com13 pensation, and Liability Act of 1980 (42 U.S.C. 

14 9601 et seq.). 

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

16 means the Committee on Transportation and Infra17 structure of the House of Representatives and the 

18 Committee on Environment and Public Works of the 

19 Senate. 

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

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

22 of Columbia nonprofit corporation exempt from tax23 ation pursuant to section 501(c)(3) of the Internal 

24 Revenue Code of 1986. 


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

2 the property located in the District of Columbia, 

3 subject to survey and as determined by the Adminis4 trator, generally consisting of Squares 325 and 326. 

5 The Property is generally bounded by 12th Street, 

6 Independence Avenue, C Street, and the James For7 restal Building, all in Southwest Washington, Dis8 trict of Columbia, and shall include all associated air 

9 rights, improvements thereon, and appurtenances 

10 thereto. 

11 SEC. 3. CONVEYANCE OF PROPERTY. 

12 (a) AUTHORITY TO CONVEY.— 

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

14 of this Act, the Administrator shall convey the Prop15 erty to the Museum, on such terms and conditions 

16 as the Administrator considers reasonable and ap17 propriate to protect the interests of the United 

18 States and further the purposes of this Act. 

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

20 not later than 180 days after the date of enactment 

21 of this Act, the Administrator shall enter into an 

22 agreement with the Museum for the conveyance. 

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

24 conditions of the agreement shall address, among 

25 other things, mitigation of developmental impacts to 


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1 existing Federal buildings and structures, security 

2 concerns, and operational protocols for development 

3 and use of the property. 

4 (b) PURCHASE PRICE.— 

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

6 Property shall be its fair market value based on its 

7 highest and best use as determined by an inde8 pendent appraisal commissioned by the Adminis9 trator and paid for by the Museum. 

10 (2) SELECTION OF APPRAISER.—The appraisal 

11 shall be performed by an appraiser mutually accept12 able to the Administrator and the Museum. 

13 (3) TERMS AND CONDITIONS FOR APPRAISAL.— 

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

15 subparagraph (B), the assumptions, scope of 

16 work, and other terms and conditions related to 

17 the appraisal assignment shall be mutually ac18 ceptable to the Administrator and the Museum. 

19 (B) REQUIRED TERMS.—The appraisal 

20 shall assume that the Property does not contain 

21 hazardous substances (as defined in section 101 

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

23 response action (as defined in such section). 

24 (c) APPLICATION OF PROCEEDS.—The purchase 

25 price shall be paid into the Federal Buildings Fund estabVerDate Mar 15 2010 23:45 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2129.RS S2129

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1 lished under section 592 of title 40, United States Code. 

2 Upon deposit, the Administrator may expend, in amounts 

3 specified in appropriations Acts, the proceeds from the 

4 conveyance for any lawful purpose consistent with existing 

5 authorities granted to the Administrator; except that the 

6 Administrator shall provide the Committees with 30 days 

7 advance written notice of any expenditure of the proceeds. 

8 (d) QUIT CLAIM DEED.—The Property shall be con9 veyed pursuant to a quit claim deed. 

10 (e) USE RESTRICTION.—The Property shall be dedi11 cated for use as a site for a national women’s history mu12 seum for the 99-year period beginning on the date of con13 veyance to the Museum. 

14 (f) REVERSION.— 

15 (1) BASES FOR REVERSION.—The Property 

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

17 the United States, without any obligation for repay18 ment by the United States of any amount of the 

19 purchase price for the property, if— 

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

21 a national women’s history museum at any time 

22 during the 99-year period referred to in sub23 section (e); or 

24 (B) the Museum has not commenced con25 struction of a museum facility on the Property 


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

2 enactment of this Act, other than for reasons 

3 beyond the control of the Museum as reason4 ably determined by the Administrator. 

5 (2) ENFORCEMENT.—The Administrator may 

6 perform any acts necessary to enforce the rever7 sionary rights provided in this section. 

8 (3) CUSTODY OF PROPERTY UPON REVER9 SION.—If the Property reverts to the United States 

10 pursuant to this section, such property shall be 

11 under the custody and control of the Administrator. 

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

13 shall occur not later than 3 years after the date of enact14 ment of this Act. The Administrator may extend that pe15 riod for such time as is reasonably necessary for the Mu16 seum to perform its obligations under section 4(a). 

17 SEC. 4. ENVIRONMENTAL MATTERS. 

18 (a) AUTHORIZATION TO CONTRACT FOR ENVIRON19 MENTAL RESPONSE ACTIONS.—The Administrator is au20 thorized to contract, in an amount not to exceed the pur21 chase price for the Property, in the absence of appropria22 tions and otherwise without regard to section 1341 of title 

23 31, United States Code, with the Museum or an affiliate 

24 thereof for the performance (on behalf of the AdminisVerDate Mar 15 2010 23:45 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2129.RS S2129

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1 trator) of response actions (if any) required on the Prop2 erty pursuant to CERCLAon the Property. 

3 (b) CREDITING OF RESPONSE COSTS.—Any costs in4 curred by the Museum or an affiliate thereof pursuant to 

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

6 the Property. 

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

8 Act may be construed to affect or limit the application 

9 of or obligation to comply with any environmental law, in10 cluding section 120(b) of CERCLA (42 U.S.C. 9620(b)). 

11 (c) NO EFFECT ON COMPLIANCE WITH ENVIRON12 MENTAL LAWS.—Nothing in this Act, or any amendment 

13 made by this Act, affects or limits the application of or obli14 gation to comply with any environmental law, including 

15 section 120(h) of CERCLA (42 U.S.C. 9620(h)). 

16 SEC. 5. INCIDENTAL COSTS. 

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

18 all costs associated with complying with the provisions of 

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

20 tenants, and mitigating impacts to existing Federal build21 ings and structures resulting directly from the develop22 ment of the property by the Museum. 

23 SEC. 6. LAND USE APPROVALS. 

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

25 shall be construed as limiting or affecting the authority 


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1 or responsibilities of the National Capital Planning Com2 mission or the Commission of Fine Arts. 

3 (b) COOPERATION.— 

4 (1) ZONING AND LAND USE.—Subject to para5 graph (2), the Administrator shall reasonably co6 operate with the Museum with respect to any zoning 

7 or other land use matter relating to development of 

8 the Property in accordance with this Act. Such co9 operation shall include consenting to applications by 

10 the Museum for applicable zoning and permitting 

11 with respect to the property. 

12 (2) LIMITATIONS.—The Administrator shall not 

13 be required to incur any costs with respect to co14 operation under this subsection and any consent pro15 vided under this subsection shall be premised on the 

16 property being developed and operated in accordance 

17 with this Act. 

18 SEC. 7. REPORTS. 

19 Not later than 1 year after the date of enactment 

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

21 5-year period following conveyance of the Property or until 

22 substantial completion of the museum facility (whichever 

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

24 Administrator and the Committees detailing the developVerDate Mar 15 2010 23:45 Jun 28, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2129.RS S2129

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1 ment and construction activities of the Museum with re2 spect to this Act. 


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Calendar No. 445 

111TH CONGRESS 

2D SESSION S. 2129 

[Report No. 111–216] 

A BILL 

To authorize the Administrator of General Services 

a National Women’s History Museum. of Columbia to provide for the establishment of to convey a parcel of real property in the District 

JUNE 28, 2010 

Reported with amendments 


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