S 501 RFH
September 6, 2005
Referred to the Committee on Transportation and Infrastructure
To provide a site for the National Women's History Museum in the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Women's History Museum Act of 2005'.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Women's History Museum, Inc., is a nonprofit, nonpartisan, educational institution incorporated in the District of Columbia;
(2) the National Women's History Museum was established--
(A) to research and present the historic contributions that women have made to all aspects of human endeavor; and
(B) to explore and present in a fair and balanced way the contributions that women have made to the Nation in their various roles in family and society;
(3) in March 1999, the President's Commission on the celebrating of Women in American History concluded that `efforts to implement an appropriate celebration of women's history in the next millennium should include the designation of a focal point for women's history in our nation's capital . . .' citing the efforts of the National Women's History Museum to implement this goal;
(4) the National Women's History Museum will collect and disseminate information concerning women, including through the establishment of a national reference center for the collection and preservation of documents, publications, and research relating to women;
(5) the National Women's History Museum will foster educational programs relating to the history and contribution to society by women, including promotion of imaginative educational approaches to enhance understanding and appreciation of historic contributions by women;
(6) the National Women's History Museum will publicly display temporary and permanent exhibits that illustrate, interpret, and demonstrate the contributions of women;
(7) the National Women's History Museum requires a museum site near the National Mall to accomplish the objectives and fulfill the ongoing educational mission of the museum;
(8) the 3-story glass enclosed structure known as the `Pavilion Annex' is a retail shopping mall built next to the Old Post Office in 1992 by private developers using no Federal funds on public land in the Federal Triangle south of Pennsylvania Avenue, NW.;
(9) the Pavilion Annex came into the possession of the General Services Administration following bankruptcy and default by the private developer of the Old Post Office Pavilion;
(10) the Pavilion Annex has been vacant for over 10 years and is in a state of disrepair;
(11) the Pavilion Annex is located near an area that has been identified as an ideal location for museums and memorials in the Memorials and Museums Master Plan developed by the National Capital Planning Commission;
(12) the National Women's History Museum will provide a vibrant, cultural activity in a building currently controlled by the General Services Administration but unused by any Federal agency or activity;
(13) the Government Accountability Office has determined that vacant or underutilized properties present significant potential risks to Federal agencies, including--
(A) lost dollars because of the difficulty of maintaining the properties; and
(B) lost opportunities because the properties could be put to more cost-beneficial uses, exchanged for other needed property, or sold to generate revenue for the Government;
(14) the National Women's History Museum will use Government property for which there is no Government use as of the date of enactment of this Act, in order to--
(A) promote utilization, economy, and efficiency of Government-owned assets; and
(B) create an income producing activity;
(15) the National Women's History Museum will attract an estimated 1,500,000 visitors annually to the District of Columbia; and
(16) the National Women's History Museum will promote economic activity in the District of Columbia by--
(A) creating jobs;
(B) increasing visitor spending on hotels, meals, and transportation; and
(C) generating tax revenue for the District of Columbia.
SEC. 3. DEFINITIONS.
In this Act:
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of General Services.
(2) MUSEUM SPONSOR- The term `Museum Sponsor' means the National Women's History Museum, Inc., a nonprofit organization incorporated in 1996 in the District of Columbia.
(3) PAVILION ANNEX- The term `Pavilion Annex' means the building (and immediate surroundings, including any land unoccupied as of the date of enactment of this Act) in Washington, District of Columbia that is--
(A) known as the `Pavilion Annex';
(B) adjacent to the Old Post Office Building;
(C) located on Pennsylvania Avenue, NW., to the east of 11th Street NW.; and
(D) located on land bounded on 3 sides by the Internal Revenue Service buildings.
SEC. 4. OCCUPANCY AGREEMENT.
(a) In General- Notwithstanding any other provision of law, the Administrator shall enter into an occupancy agreement to make the Pavilion Annex available to the Museum Sponsor for use as a National Women's History Museum in accordance with this section.
(b) Payments- The Administrator shall enter into negotiations with the Museum Sponsor concerning payment to the Federal Government based on the cost basis of the Pavilion Annex or prior appraisals or expert opinions rendered to the General Services Administration relating to valuation of the structure.
(1) IN GENERAL- If the Administrator and the Museum Sponsor are unable to reach agreement on fair market value for the purpose of determining rent within 90 days after the date of enactment of this Act, fair market value for the purpose of determining rent shall be determined by not more than 3 appraisers, operating under a common set of instructions, of whom--
(A) 1 shall be retained by the Administrator;
(B) 1 shall be retained by the Museum Sponsor; and
(C) 1 shall be selected by the first 2 appraisers only if--
(i) the first 2 appraisals are irreconcilable; and
(ii) the difference in value between the first 2 appraisals is greater than 10 percent.
(2) DIFFERENCE OF NOT MORE THAN 10 PERCENT- If the 2 appraisals differ by not more than 10 percent, the fair market value shall be the average of the 2 appraisals.
(3) IRRECONCILABLE APPRAISALS- If a third appraiser is selected--
(A) the fee of the third appraiser shall be paid in equal shares by the Administrator and the Museum Sponsor; and
(B) the fair market value determined by the third appraiser shall bind both parties.
(d) Term of Occupancy Agreement-
(1) IN GENERAL- The term of the occupancy agreement shall be at least 99 years, or any lesser term agreed to by the Museum Sponsor.
(2) FIRST PAYMENT- The first payment shall be due on the date that is 5 years after the date of execution of the occupancy agreement.
(e) Private Funds- The terms and conditions of the occupancy agreement shall facilitate raising of private funds for the modification, development, maintenance, security, information, janitorial, and other services that are necessary to assure the preservation and operation of the museum.
(f) Shared Facilities- The occupancy agreement may include reasonable terms and conditions pertaining to shared facilities to permit continued operations and enable development of adjacent buildings.
(g) Renovation and Modification-
(1) IN GENERAL- The renovation and modification of the Pavilion Annex--
(A) shall be carried out by the Museum Sponsor, in consultation with the Administrator; and
(i) be commenced as soon as practicable but not later than 5 years after the date of execution of the occupancy agreement;
(ii) sever the walkway to the Old Post Office Building; and
(iii) enhance and improve the Pavilion Annex consistent with the needs of the National Women's History Museum and the adjacent structures.
(2) EXPENSE CREDIT- Any expenses incurred by the Museum Sponsor under this subsection shall be credited against the payment under subsection (d)(2).
(1) IN GENERAL- If the Administrator is unable to fully execute an occupancy agreement within 180 days of the date of enactment of this Act, not later than 240 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs in the Senate and the Committees on Transportation and Infrastructure and Government Reform in the House of Representatives a report.
(2) CONTENTS- The report shall contain--
(A) a summary of the issues that remain unresolved and an analysis of the position of the General Services Administration;
(B) an itemization, including date, where appropriate, and costs of actions taken by the General Services Administration to maintain and secure the Pavilion Annex to prevent further deterioration; and
(C) a plan for future use and development of the Pavilion Annex, including plans for appropriate security improvements.
SEC. 5. EFFECT ON OTHER LAW.
Nothing in this Act shall limit the authority of the National Capital Planning Commission and the National Capital Planning Commission shall retain authority over development in the Federal Triangle development area as defined in subchapter II of chapter 67 of title 40, United States Code (40 U.S.C. 6711 et seq.).
SEC. 6. FEDERAL PARTICIPATION.
The United States shall pay no expense incurred in the establishment, construction, or operation of the National Women's History Museum, which shall be operated and maintained by the Museum Sponsor after completion of construction.
Passed the Senate July 29, 2005.
EMILY J. REYNOLDS,