II 

Calendar No. 404

108TH CONGRESS 

1ST SESSION S. 1741

[Report No. 108–204] 

To provide a site for the National Women’s History Museum in the District 

of Columbia. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 16, 2003

Ms. COLLINS (for herself, Ms. MIKULSKI, Ms. LANDRIEU, Ms. STABENOW, 

Ms. SNOWE, Ms. CANTWELL, Mrs. BOXER, Mrs. CLINTON, Mr. DURBIN, 

Mrs. FEINSTEIN, Mr. LAUTENBERG, Mrs. LINCOLN, Ms. MURKOWSKI, 

Mrs. MURRAY, Mr. AKAKA, Mr. VOINOVICH, Mr. COLEMAN, Mr. PRYOR, 

Mr. BENNETT, and Mr. SARBANES) introduced the following bill; which 

was read twice and referred to the Committee on Governmental Affairs 

NOVEMBER 20, 2003

Reported by Ms. COLLINS, without amendment 

A BILL

To provide a site for the National Women’s History Museum 

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,
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•S 1741 RS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Women’s His3 tory Museum Act of 2003’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds that—

6 (1) the National Women’s History Museum, 

7 Inc., is a nonprofit, nonpartisan, educational institu8 tion incorporated in the District of Columbia; 

9 (2) the National Women’s History Museum was 

10 established—

11 (A) to research and present the historic 

12 contributions that women have made to all as13 pects of human endeavor; and 

14 (B) to explore and present in a fair and 

15 balanced way the contributions that women 

16 have made to the Nation in their various roles 

17 in family and society; 

18 (3) the National Women’s History Museum will 

19 collect and disseminate information concerning 

20 women, including through the establishment of a na21 tional reference center for the collection and preser22 vation of documents, publications, and research re23 lating to women; 

24 (4) the National Women’s History Museum will 

25 foster educational programs relating to the history 

26 and contribution to society by women, including pro-
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•S 1741 RS 

1 motion of imaginative educational approaches to en2 hance understanding and appreciation of historic 

3 contributions by women; 

4 (5) the National Women’s History Museum will 

5 publicly display temporary and permanent exhibits 

6 that illustrate, interpret, and demonstrate the con7 tributions of women; 

8 (6) the National Women’s History Museum re9 quires a museum site near the National Mall to ac10 complish the objectives and fulfill the ongoing edu11 cational mission of the museum; 

12 (7) the 3-story glass enclosed structure known 

13 as the ‘‘Pavilion Annex’’ is a retail shopping mall 

14 built next to the Old Post Office in 1992 by private 

15 developers using no Federal funds on public land in 

16 the Federal Triangle south of Pennsylvania Avenue, 

17 N.W.; 

18 (8) the Pavilion Annex came into the possession 

19 of the General Services Administration following 

20 bankruptcy and default by the private developer of 

21 the Old Post Office Pavilion; 

22 (9) the Pavilion Annex has been vacant for 10 

23 years and is in a state of disrepair; 

24 (10) the Pavilion Annex is located near an area 

25 that has been identified as an ideal location for mu-
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•S 1741 RS 

1 seums and memorials in the Memorials and Muse2 ums Master Plan developed by the National Capital 

3 Planning Commission; 

4 (11) the National Women’s History Museum 

5 will provide a vibrant, cultural activity in a building 

6 currently controlled by the General Services Admin7 istration but unused by any Federal agency or activ8 ity; 

9 (12) the General Accounting Office has deter10 mined that vacant or underutilized properties 

11 present significant potential risks to Federal agen12 cies, including—

13 (A) lost dollars because of the difficulty of 

14 maintaining the properties; and 

15 (B) lost opportunities because the prop16 erties could be put to more cost-beneficial uses, 

17 exchanged for other needed property, or sold to 

18 generate revenue for the Government; 

19 (13) the National Women’s History Museum 

20 will use Government property for which there is no 

21 Government use as of the date of enactment of this 

22 Act, in order to—

23 (A) promote utilization, economy, and effi24 ciency of Government-owned assets; and 

25 (B) create an income producing activity; 
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•S 1741 RS 

1 (14) the National Women’s History Museum 

2 will attract an estimated 1,500,000 visitors annually 

3 to the District of Columbia; and

4 (15) the National Women’s History Museum 

5 will promote economic activity in the District of Co6 lumbia by—

7 (A) creating jobs; 

8 (B) increasing visitor spending on hotels, 

9 meals, and transportation; and 

10 (C) generating tax revenue for the District 

11 of Columbia. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) ADMINISTRATOR.—The term ‘‘Adminis15 trator’’ means the Administrator of General Serv16 ices. 

17 (2) MUSEUM SPONSOR.—The term ‘‘Museum 

18 Sponsor’’ means the National Women’s History Mu19 seum, Inc., a nonprofit organization incorporated in 

20 the District of Columbia. 

21 (3) PAVILION ANNEX.—The term ‘‘Pavilion 

22 Annex’’ means the building (and immediate sur23 roundings, including any land unoccupied as of the 

24 date of enactment of this Act) in Washington, Dis25 trict of Columbia that is—
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1 (A) known as the ‘‘Pavilion Annex’’; 

2 (B) adjacent to the Old Post Office Build3 ing; 

4 (C) located on Pennsylvania Avenue, N.W., 

5 to the east of 11th Street N.W.; and 

6 (D) located on land bounded on 3 sides by 

7 the Internal Revenue Service buildings. 

8 SEC. 4. OCCUPANCY AGREEMENT. 

9 (a) IN GENERAL.—Notwithstanding any other provi10 sion of law, the Administrator shall enter into an occu11 pancy agreement to make the Pavilion Annex available to 

12 the Museum Sponsor for use as a National Women’s His13 tory Museum in accordance with this section. 

14 (b) APPRAISAL.—

15 (1) IN GENERAL.—Not later than 90 days after 

16 the date of enactment of this Act, a fair market 

17 value for the purpose of determining rent shall be 

18 determined by not more than 3 appraisers, operating 

19 under a common set of instructions, of whom—

20 (A) 1 shall be retained by the Adminis21 trator; 

22 (B) 1 shall be retained by the Museum 

23 Sponsor; and 

24 (C) 1 shall be selected by the first 2 ap25 praisers only if—
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1 (i) the first 2 appraisals are irrecon2 cilable; and 

3 (ii) the difference in value between the 

4 first 2 appraisals is greater than 10 per5 cent. 

6 (2) DIFFERENCE OF NOT MORE THAN 10 PER7 CENT.—If the 2 appraisals differ by not more than 

8 10 percent, the fair market value shall be the aver9 age of the 2 appraisals. 

10 (3) IRRECONCILABLE APPRAISALS.—If a third 

11 appraiser is selected—

12 (A) the fee of the third appraiser shall be 

13 paid in equal shares by the Administrator and 

14 the Museum Sponsor; and 

15 (B) the fair market value determined by 

16 the third appraiser shall bind both parties. 

17 (c) TERM OF OCCUPANCY AGREEMENT.—

18 (1) IN GENERAL.—The term of the occupancy 

19 agreement shall be at least 99 years, or any lesser 

20 term agreed to by the Museum Sponsor. 

21 (2) FIRST PAYMENT.—The first payment shall 

22 be due on the date that is 5 years after the date of 

23 execution of the occupancy agreement. 

24 (d) PRIVATE FUNDS.—The terms and conditions of 

25 the occupancy agreement shall facilitate raising of private 
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•S 1741 RS 

1 funds for the modification, development, maintenance, se2 curity, information, janitorial, and other services that are 

3 necessary to assure the preservation and operation of the 

4 museum. 

5 (e) SHARED FACILITIES.—The occupancy agreement 

6 may include reasonable terms and conditions pertaining 

7 to shared facilities to permit continued operations and en8 able development of adjacent buildings. 

9 (f) RENOVATION AND MODIFICATION.—

10 (1) IN GENERAL.—The renovation and modi11 fication of the Pavilion Annex—

12 (A) shall be carried out by the Museum 

13 Sponsor, in consultation with the Adminis14 trator; and 

15 (B) shall—

16 (i) be commenced as soon as prac17 ticable but not later than 5 years after the 

18 date of execution of the occupancy agree19 ment; 

20 (ii) sever the walkway to the Old Post 

21 Office Building; and 

22 (iii) enhance and improve the Pavilion 

23 Annex consistent with the needs of the Na24 tional Women’s History Museum and the 

25 adjacent structures. 
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1 (2) EXPENSE CREDIT.—Any expenses incurred 

2 by the Museum Sponsor under this subsection shall 

3 be credited against the payment under subsection 

4 (c)(2). 

5 (g) REPORT.—If the Administrator is unable to fully 

6 execute an occupancy agreement within 120 days of the 

7 date of enactment of this Act, not later than 150 days 

8 after the date of enactment of this Act, the Administrator 

9 shall submit to the Committee on Governmental Affairs 

10 in the Senate and the Committee on Government Reform 

11 in the House of Representatives a report summarizing the 

12 issues that remain unresolved. 

13 SEC. 5. EFFECT ON OTHER LAW. 

14 Nothing in this Act limits the authority of the Na15 tional Capital Planning Commission.
Calendar No. 404

108TH CONGRESS 

1ST SESSION S. 1741

[Report No. 108–204] 

A BILL

To provide a site for the National Women’s History 

Museum in the District of Columbia. 

NOVEMBER 20, 2003

Reported without amendment