II 

110TH CONGRESS 

2D SESSION S. 3528 

To authorize the Administrator of General Services to convey a parcel of 

real property in the District of Columbia. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22 (legislative day, SEPTEMBER 17), 2008 

Ms. COLLINS (for herself, Mrs. LINCOLN, Ms. SNOWE, Ms. CANTWELL, Mrs. 

DOLE, Mrs. CLINTON, Mr. VOINOVICH, Ms. LANDRIEU, Mr. PRYOR, Mrs. 

MCCASKILL, Mr. OBAMA, and Mrs. BOXER) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To authorize the Administrator of General Services to convey 

a parcel of real property in the District of Columbia. 

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 ‘‘General Services Ad5 ministration Portfolio Enhancement Act of 2008’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of General Serv3 ices. 

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

5 the Comprehensive Environmental Response, Com6 pensation, and Liability Act of 1980 (42 U.S.C. 

7 9601 et seq.). 

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

9 means the Committee on Transportation and Infra10 structure of the House of Representatives and the 

11 Committee on Environment and Public Works of the 

12 Senate. 

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

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

15 of Columbia nonprofit corporation exempt from tax16 ation pursuant to section 501(c)(3) of the Internal 

17 Revenue Code of 1986. 

18 (5) NORTHERN PORTION OF THE PROPERTY.— 

19 The term ‘‘northern portion of the property’’ means 

20 that portion of the property which the Administrator 

21 and the Museum deem appropriate for the museum 

22 facility. 

23 (6) PROPERTY.—The term ‘‘property’’ means 

24 the property located in the District of Columbia, 

25 subject to survey and as determined by the AdminisVerDate Aug 31 2005 05:32 Sep 23, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3528.IS S3528

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1 trator, generally consisting of Squares 325 and 326, 

2 and the westerly portions of Squares 351 and 352, 

3 including the parcel and structure commonly known 

4 as the ‘‘Cotton Annex’’. The property is generally 

5 bounded by 12th Street, Independence Avenue, 

6 Maryland Avenue, the James Forrestal Building, 

7 and L’Enfant Plaza, all in Southwest Washington, 

8 District of Columbia, and shall include all associated 

9 air rights, improvements thereon, and appurtenances 

10 thereto. 

11 (7) SOUTHERN PORTION OF THE PROPERTY.— 

12 The term ‘‘southern portion of the property’’ means 

13 that portion of the property other than the northern 

14 portion of the property. 

15 SEC. 3. CONVEYANCE OF PROPERTY. 

16 (a) AUTHORITY TO CONVEY.— 

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

18 of this Act, the Administrator shall convey the 

19 northern portion of the property to the Museum, 

20 and shall have the authority to convey the southern 

21 portion of the property to the Museum, in each case 

22 on such terms and conditions as the Administrator 

23 considers reasonable and appropriate to protect the 

24 interests of the United States and further the pur25 poses of this Act. 


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

2 not later than 90 days after the date of enactment 

3 of this Act, the Administrator shall enter into an 

4 agreement with the Museum for the conveyance. 

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

6 conditions of the agreement shall address, among 

7 other things, mitigation of developmental impacts to 

8 existing Federal buildings and structures, security 

9 concerns, and operational protocols for development 

10 and use of the property. 

11 (4) SEPARATE CONVEYANCE OF NORTHERN

12 AND SOUTHERN PORTIONS.—Under the agreement, 

13 the Administrator may convey the northern portion 

14 of the property separately from and, if so agreed by 

15 the Administrator and the Museum, at a different 

16 time than the southern portion of the property (if 

17 such southern portion is conveyed). 

18 (b) PURCHASE PRICE.— 

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

20 property shall be its fair market value based on its 

21 highest and best use as determined by an inde22 pendent appraisal commissioned by the Adminis23 trator and paid for by the Museum. 


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1 (2) SELECTION OF APPRAISER.—The appraisal 

2 shall be performed by an appraiser mutually accept3 able to the Administrator and the Museum. 

4 (3) TERMS AND CONDITIONS FOR APPRAISAL.— 

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

6 subparagraph (B), the assumptions, scope of 

7 work, and other terms and conditions related to 

8 the appraisal assignment shall be mutually ac9 ceptable to the Administrator and the Museum. 

10 (B) REQUIRED TERMS.—The following 

11 terms and conditions shall apply to the ap12 praisal: 

13 (i) The appraisal shall assume that 

14 the property does not contain hazardous 

15 substances (as defined in section 101 of 

16 CERCLA (42 U.S.C. 9601)) which require 

17 response action (as defined in such sec18 tion). 

19 (ii) The appraisal shall state a value 

20 for the property as a whole as well as sepa21 rate values for the northern portion and 

22 southern portion of the property, taking 

23 into consideration the impact to value (if 

24 any) resulting from a conveyance of less 

25 than the entirety of the property. 


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1 (c) APPLICATION OF PROCEEDS.—The purchase 

2 price shall be paid into the Federal Buildings Fund estab3 lished under section 592 of title 40, United States Code. 

4 Upon deposit, the Administrator may expend, in amounts 

5 specified in appropriations Acts, the proceeds from the 

6 conveyance for any lawful purpose consistent with existing 

7 authorities granted to the Administrator; except that the 

8 Administrator shall provide the Committees with 30 days 

9 advance written notice of any expenditure of the proceeds. 

10 (d) QUIT CLAIM DEED.—The property shall be con11 veyed (in the case of the southern portion of the property, 

12 if at all) pursuant to one or more quit claim deeds (one 

13 for the northern portion of the property and one for the 

14 southern portion of the property). 

15 (e) USE RESTRICTIONS.— 

16 (1) NORTHERN PORTION.—The northern por17 tion of the property shall be dedicated for use as a 

18 site for a national women’s history museum for the 

19 99-year period beginning on date of conveyance of 

20 that portion to the Museum. 

21 (2) SOUTHERN PORTION.—The southern por22 tion of the property may be used for any purposes 

23 permitted by applicable laws and regulations. 

24 (f) REVERSION.— 


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1 (1) BASES FOR REVERSION.—The northern por2 tion of the property shall revert to the United 

3 States, at the option of the United States, without 

4 any obligation for repayment by the United States 

5 of any amount of the purchase price for the prop6 erty, if— 

7 (A) that portion is not used as a site for 

8 a national women’s history museum at any time 

9 during the 99-year period referred to in sub10 section (e); or 

11 (B) the Museum has not commenced con12 struction of a museum facility on that portion 

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

14 enactment of this Act, other than for reasons 

15 beyond the control of the Museum as reason16 ably determined by the Administrator. 

17 (2) ENFORCEMENT.—The Administrator may 

18 perform any acts necessary to enforce the rever19 sionary rights provided in this section. 

20 (3) CUSTODY OF PROPERTY UPON REVER21 SION.—If any portion of the property reverts to the 

22 United States pursuant to this section, such prop23 erty shall be under the custody and control of the 

24 Administrator. 

25 (g) CLOSING.— 


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1 (1) DEADLINE.—Any conveyance pursuant to 

2 this Act shall occur not later than 3 years after the 

3 date of enactment of this Act. The Administrator 

4 may extend that period for such time as is reason5 ably necessary for the Museum to perform its obliga6 tions under section 4(a). 

7 (2) APPLICABILITY OF REQUIREMENTS.—The 

8 requirements of this Act shall remain in full force 

9 and effect with respect to any portion of the prop10 erty conveyed before the deadline established by 

11 paragraph (1) or any extension. 

12 SEC. 4. ENVIRONMENTAL MATTERS. 

13 (a) AUTHORIZATION TO CONTRACT FOR ENVIRON14 MENTAL RESPONSE ACTIONS.—The Administrator is au15 thorized to contract, in an amount not to exceed the pur16 chase price for the property, in the absence of appropria17 tions and otherwise without regard to section 1341 of title 

18 31, United States Code, with the Museum or an affiliate 

19 thereof for the performance (on behalf of the Adminis20 trator) of response actions (if any) required on the prop21 erty pursuant to CERCLA. Any officer or employee of the 

22 United States may contract for payment of costs or ex23 penses related to any properties that are conveyed (or to 

24 be conveyed) under this Act. 


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1 (b) CREDITING OF RESPONSE COSTS.—Any costs in2 curred by the Museum or an affiliate thereof pursuant to 

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

4 the property. 

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

6 Act may be construed to affect or limit the application 

7 of or obligation to comply with any environmental law, in8 cluding section 120(b) of CERCLA (42 U.S.C. 9620(b)). 

9 SEC. 5. INCIDENTAL COSTS. 

10 (a) RESPONSIBILITIES.—Subject to section 4, the 

11 Museum shall bear any and all costs associated with com12 plying with the provisions of this Act, including studies 

13 and reports, surveys, relocating tenants, and mitigating 

14 impacts to existing Federal buildings and structures re15 sulting directly from the development of the property by 

16 the Museum. 

17 (b) RELOCATION OF EXISTING TENANTS.—The costs 

18 of relocating existing tenants (including the costs of re19 lated studies) shall be paid by the Museum up to an 

20 amount to be agreed upon by the Administrator and the 

21 Museum in the agreement entered into under section 

22 3(a)(2), and any costs in excess of such agreed upon 

23 amount shall be credited to the purchase price for the 

24 property upon the closing on the portion of the property 

25 first conveyed. 


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1 SEC. 6. LAND USE APPROVALS. 

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

3 shall be construed as limiting or affecting the authority 

4 or responsibilities of the National Capital Planning Com5 mission or the Commission of Fine Arts. 

6 (b) COOPERATION.— 

7 (1) ZONING AND LAND USE.—Subject to para8 graph (2), the Administrator shall reasonably co9 operate with the Museum with respect to any zoning 

10 or other land use matter relating to development of 

11 the property in accordance with this Act. Such co12 operation shall include consenting to applications by 

13 the Museum for applicable zoning and permitting 

14 with respect to the property. 

15 (2) LIMITATIONS.—The Administrator shall not 

16 be required to incur any costs with respect to co17 operation under this subsection and any consent pro18 vided under this subsection shall be premised on the 

19 property being developed and operated in accordance 

20 with this Act. 

21 SEC. 7. REPORTS. 

22 Not later than one year after the date of enactment 

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

24 5-year period following conveyance of the northern portion 

25 of the property or until substantial completion of the mu26 seum facility (whichever is later), the Museum shall subVerDate Aug 31 2005 05:32 Sep 23, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3528.IS S3528

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1 mit annual reports to the Administrator and the Commit2 tees detailing the development and construction activities 

3 of the Museum with respect to this Act. 

Æ 


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