[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3171 Reported in House (RH)]






                                                 Union Calendar No. 320
106th CONGRESS
  2d Session
                                H. R. 3171

                          [Report No. 106-590]

 To direct the Administrator of General Services to convey a parcel of 
  land in the District of Columbia to be used for construction of the 
            National Health Museum, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 1999

   Mr. Franks of New Jersey introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

                             April 13, 2000

                    Additional sponsor: Mrs. Fowler

                             April 13, 2000

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                               28, 1999]

_______________________________________________________________________

                                 A BILL


 
 To direct the Administrator of General Services to convey a parcel of 
  land in the District of Columbia to be used for construction of the 
            National Health Museum, and for other purposes.

    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 Health Museum Site 
Selection Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Excess property.--The term ``excess real property'' has 
        the meaning given such term by section 3 of the Federal 
        Property and Administrative Services Act of 1949 (40 U.S.C. 
        472).
            (3) Museum.--The term ``Museum'' means the National Health 
        Museum, Incorporated, a District of Columbia nonprofit 
        corporation exempt from Federal income taxation under section 
        501(c)(3) of the Internal Revenue Code of 1986.
            (4) Property.--The term ``property'' means the excess real 
        property identified under section 3(a)(1).

SEC. 3. CONVEYANCE OF PROPERTY.

    (a) Authority to Convey.--
            (1) Identification of property.--Not later than 5 years 
        after the date of enactment of this Act and subject to the 
        written concurrence of the Museum, the Administrator may 
        identify a parcel of excess real property, including any 
        improvements thereon, located in the District of Columbia to be 
        conveyed under paragraph (2).
            (2) Conveyance.--Subject to the requirements of this Act, 
        the Administrator may convey to the Museum all rights, title, 
        and interest of the United States in and to the property 
        identified under paragraph (1).
            (3) Relationship to Other Laws.--The authority of the 
        Administrator under this section shall not be subject to--
                    (A) sections 202 and 203 of the Federal Property 
                and Administrative Services Act of 1949 (40 U.S.C. 483, 
                484);
                    (B) section 501 of the Stewart B. McKinney Homeless 
                Assistance Act (42 U.S.C. 11411); or
                    (C) any other provision of law (other than Federal 
                laws relating to environmental and historic 
                preservation) inconsistent with this Act.
    (b) Purpose of Conveyance.--The purpose of the conveyance shall be 
to provide a site for the construction and operation of a new building 
to serve as the National Health Museum, including associated office, 
educational, conference center, and visitor and community services.
    (c) Prohibition on Lobbying Activities.--As a condition of the 
conveyance, the Museum shall agree that no part of the property will be 
used, during the 99-year period beginning on the date of conveyance, 
for activities to attempt to influence the passage or defeat of any 
legislation by Congress or the legislature of any State.
    (d) Date of Conveyance.--
            (1) Notification.--If the Administrator identifies a parcel 
        of property under subsection (a)(1), not later than 120 days 
        after the date of such identification, the Museum shall notify 
        the Administrator in writing of the date on which the Museum 
        will accept conveyance of the property.
            (2) Date.--The date of conveyance shall be not less than 
        270 days and not more than 1 year after the date of the notice.
            (3) Effect of failure to notify.--If the Museum fails to 
        provide the notice to the Administrator by the date described 
        in paragraph (1), the property shall not be conveyed under this 
        Act.
            (4) Maintenance of property.--The Administrator shall 
        continue to maintain the property until the date of conveyance 
        under this subsection.
    (e) Quitclaim Deed.--The property shall be conveyed to the Museum 
vacant and by quitclaim deed.
    (f) Conveyance Terms.--
            (1) In general.--The conveyance shall be subject to such 
        terms and conditions as the Administrator determines necessary 
        to safeguard the interests of the United States. Such terms and 
        conditions shall be consistent with the terms and conditions 
        set forth in this Act.
            (2) Purchase price.--
                    (A) In general.--The purchase price for the 
                property shall be the fair market value of the property 
                determined in accordance with uniform standards of 
                appraisal practices based on the highest and best use 
                of the property. The purchase price shall be paid in 
                full to the Administrator on or before the date of 
                conveyance of the property and before occupancy of the 
                property by the Museum.
                    (B) Timing; appraisers.--The determination of fair 
                market value shall be made in the 270-day period 
                preceding the date of conveyance of the property. The 
                determination shall be made by a qualified appraiser 
                selected by the Administrator.
                    (C) Report to congress.--If the Administrator 
                identifies a parcel of property under subsection 
                (a)(1), Promptly upon the determination of the purchase 
                price, and in any event at least 60 days in advance of 
                the date of conveyance of the property, the 
                Administrator shall transmit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Environment and 
                Public Works of the Senate a report identifying the 
                purchase price, together with a copy of the retention 
                and disposal study conducted by Administrator with 
                respect to the property.
                    (D) Treatment of amounts received.--Net proceeds 
                from the conveyance shall be deposited into, 
                administered, and expended, subject to appropriations 
                Acts, as part of the fund established by section 210(f) 
                of the Federal Property and Administrative Services Act 
                of 1949 (40 U.S.C. 490(f)). In this subparagraph, the 
                term ``net proceeds from the conveyance'' means the 
                proceeds from the conveyance minus the expenses 
                incurred by the Administrator with respect to the 
                conveyance.
            (3) Satellite museum.--As a condition of the conveyance, 
        the Administrator shall receive assurances satisfactory to the 
        Administrator that--
                    (A) the Museum will establish, operate, and 
                maintain a satellite museum on Ellis Island, New 
                Jersey, for the same purposes and subject to the same 
                limitations as the National Health Museum;
                    (B) such activities will be carried out in 
                consultation with appropriate State and Federal 
                departments and agencies and in conjunction with other 
                redevelopment activities on Ellis Island; and
                    (C) not later than 4 years after the date of the 
                conveyance, in order to provide for the satellite 
                museum, the Museum--
                            (i) will commence construction of the 
                        satellite museum;
                            (ii) will commence renovation of a facility 
                        of the National Park Service and, upon 
                        completion of the renovation, will pay 
                        operation and maintenance costs associated with 
                        the facility; or
                            (iii) has entered into an agreement to take 
                        occupancy of a facility of the National Park 
                        Service that has been renovated by the National 
                        Park Service and, upon taking such occupancy, 
                        will pay all rents associated with the 
                        facility.
    (h) Statutory Construction.--Nothing in this section may be 
construed to authorize the conveyance of any right, title, or interest 
of the United States in or to real property on Ellis Island, New 
Jersey.

SEC. 4. REVERSIONARY INTEREST IN THE UNITED STATES.

    (a) In General.--The property, at the option of the Administrator, 
may revert to the United States if--
            (1) during the 3-year period beginning on the date of 
        conveyance of the property, the Museum does not commence 
        construction on the property, other than for a reason not 
        within the control of the Museum;
            (2) during the 99-year period beginning on the date of 
        conveyance of the property, the property is used for a purpose 
        not authorized by section 3(b);
            (3) during the 99-year period beginning on the date of 
        conveyance of the property, the property is used for a lobbying 
        activity in violation of section 3(c);
            (4) during the 4-year period beginning on the date of 
        conveyance of the property, the Museum does not commence 
        construction of, or renovation of existing facilities for, a 
        satellite museum under section 3(f)(3), other than for a reason 
        not within the control of the Museum;
            (5) during the 50-year period beginning on the date of 
        conveyance of the property, the satellite museum established 
        under section 3(f)(3) is not operated in accordance with such 
        section, other than for a reason not within the control of the 
        Museum; or
            (6) the Museum ceases to be exempt from Federal income 
        taxation as an organization described in section 501(c)(3) of 
        the Internal Revenue Code of 1986.
    (b) Repayment.--If the property reverts to the United States, the 
United States shall repay the Museum the lesser of--
            (1) the full purchase price for the property (without 
        interest) less any expenses incurred by the United States with 
        respect to the reversion; or
            (2) the market value of the property on the date of the 
        reversion (as determined by a qualified appraiser selected by 
        the Administrator) less any expenses incurred by the United 
        States with respect to the reversion.
    (c) Enforcing Reversion.--The Administrator shall perform all acts 
necessary to enforce any reversion of property to the United States 
under this section.
    (d) Inventory of Public Buildings Service.--Property that reverts 
to the United States under this section--
            (1) shall be under the control of the General Services 
        Administration; and
            (2) shall be assigned by the Administrator to the inventory 
        of the Public Buildings Service.

SEC. 5. AUTHORITY OF MUSEUM OVER PROPERTY.

    After the date of conveyance of the property under this Act, the 
Museum may--
            (1) demolish or renovate any existing or future improvement 
        on the property;
            (2) build, own, operate, and maintain new improvements on 
        the property;
            (3) finance and mortgage the property on customary terms 
        and conditions; and
            (4) manage the property in furtherance of this Act.

SEC. 6. LAND USE APPROVALS.

    (a) Effect on Other Authority.--Nothing in this section may be 
construed to limit the authority of the National Capital Planning 
Commission or the Commission of Fine Arts.
    (b) Cooperation Concerning Zoning.--
            (1) In general.--The United States shall cooperate with the 
        Museum with respect to any zoning or other administrative 
        matter relating to--
                    (A) the development or improvement of the property; 
                or
                    (B) the demolition of any improvement on the 
                property as of the date of enactment of this Act.
            (2) Zoning applications.--Cooperation under paragraph (1) 
        shall include making, joining in, or consenting to any 
        application required to facilitate the zoning of the property.

SEC. 7. ENVIRONMENTAL HAZARDS.

    Costs of remediation of any environmental hazards existing on the 
property before the date of conveyance of the property under this Act, 
including all asbestos-containing materials, shall be borne by the 
United States. Environmental remediation shall begin as soon as 
practicable following identification of the property under section 
3(a)(1) and shall be completed before the date of conveyance of the 
property. The responsibilities of the United States under this section 
shall terminate on the date of conveyance of the property.

SEC. 8. REPORTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter until the expiration of the 2-year period following 
the date on which the satellite museum described in section 3(f)(3) 
opens to the public, the Museum shall submit a report on the status of 
the National Health Museum to the Administrator, the Committee on 
Transportation and Infrastructure of the House of Representatives, and 
the Committee on Environment and Public Works of the Senate.
            Amend the title so as to read: ``A bill to authorize the 
        Administrator of General Services to convey excess real 
        property in the District of Columbia to be used for 
        construction of the National Health Museum, and for other 
        purposes.''.
                                                 Union Calendar No. 320

106th CONGRESS

  2d Session

                               H. R. 3171

                          [Report No. 106-590]

_______________________________________________________________________

                                 A BILL

 To direct the Administrator of General Services to convey a parcel of 
  land in the District of Columbia to be used for construction of the 
            National Health Museum, and for other purposes.

_______________________________________________________________________

                             April 13, 2000

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed