National Women's History Museum Act of 2005 - Requires the Administrator of General Services to enter into an occupancy agreement to make the Pavilion Annex (the building and specified immediate surroundings, including any land unoccupied as of the enactment of this Act) in Washington, D.C. available to the National Women's History Museum, Inc. (Museum Sponsor) for a National Women's History Museum, for at least 99 years or any lesser term agreed to by the Museum Sponsor.
Prohibits use of any federal funds to establish, construct or operate the Museum.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 501 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 501
To provide a site for the National Women's History Museum in the
District of Columbia.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2005
Ms. Collins (for herself, Ms. Landrieu, Mrs. Dole, Ms. Mikulski, Mrs.
Hutchison, Mrs. Boxer, Ms. Snowe, Ms. Cantwell, Ms. Murkowski, Mrs.
Clinton, Mrs. Feinstein, Mrs. Lincoln, Mrs. Murray, Ms. Stabenow, Mr.
Voinovich, Mr. Akaka, Mr. Bennett, Mr. Durbin, Mr. Lautenberg, Mr.
Sarbanes, and Mr. Pryor) introduced the following bill; which was read
twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
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.
(c) Appraisal.--
(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
(B) shall--
(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).
(h) Report.--
(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.).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2005-2006)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported without amendment favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins without amendment. With written report No. 109-104.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins without amendment. With written report No. 109-104.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 168.
Measure laid before Senate by unanimous consent. (consideration: CR S9584-9585)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
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Message on Senate action sent to the House.
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Economic Development, Public Buildings and Emergency Management.