A bill to provide a site for the National Women's History Museum in the District of Columbia.

Summary: 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.

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.).

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.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.