[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5164 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5164

To provide a site for construction of a national health museum, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2004

 Mr. LaTourette (for himself, Ms. Norton, Mr. Young of Alaska, and Mr. 
  Oberstar) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To provide a site for construction of a 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 Act of 
2004''.

SEC. 2. PURPOSE.

     The purpose of this Act is to provide for a site to be used for 
the construction and operation of a national health museum.

SEC. 3. DEFINITIONS.

     In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (3) Committees.--The term ``Committees'' means the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate.
            (4) Museum.--The term ``Museum'' means the National Health 
        Museum, Inc., a District of Columbia nonprofit corporation 
        exempt from taxation pursuant to section 501(c)(3) of the 
        Internal Revenue Code of 1986.
            (5) Northern portion of the property.--The term ``northern 
        portion of the property'' means that portion of the property 
        which the Administrator and Museum deem appropriate for the 
        museum facility.
            (6) Property.--The term ``property'' means the property 
        located in the District of Columbia, subject to survey and as 
        determined by the Administrator, generally consisting of 
        Squares 325 and 326, and the westerly portions of Squares 351 
        and 352, including the parcel and structure commonly known as 
        the ``Cotton Annex''. The property is generally bounded by 12th 
        Street, Independence Avenue, Maryland Avenue, the James 
        Forrestal Building, and L'Enfant Plaza, all in Southwest, 
        Washington, D.C., and shall include all associated air rights, 
        improvements thereon, and appurtenances thereto.
            (7) Southern portion of the property.--The term ``southern 
        portion of the property'' means that portion of the property 
        other than the northern portion of the property.

SEC. 4. CONVEYANCE OF PROPERTY.

    (a) Authority to Convey.--
            (1) In general.--Subject to the requirements of this Act, 
        the Administrator shall convey the property to the Museum on 
        such terms and conditions as the Administrator considers 
        reasonable and appropriate to protect the interests of the 
        United States and further the purposes of this Act.
            (2) Agreement.--As soon as practicable, but not later than 
        60 days after the date of enactment of this Act, the 
        Administrator shall enter into an agreement with the Museum for 
        the conveyance.
            (3) Terms and conditions.--The terms and conditions of the 
        agreement shall address, among other things, mitigation of 
        developmental impacts to existing Federal buildings and 
        structures, security concerns, and operational protocols for 
        development and use of the property.
            (4) Separate conveyance of northern and southern 
        portions.--Under the agreement, the Administrator shall convey 
        the northern portion of the property separately from and, if so 
        agreed by the Administrator and the Museum, at a different time 
        than the southern portion of the property.
    (b) Purchase Price.--
            (1) In general.--The purchase price for the property shall 
        be its fair market value based on its highest and best use as 
        determined by an independent appraisal commissioned by the 
        Administrator and paid for by the Museum.
            (2) Selection of appraiser.--The appraisal shall be 
        performed by an appraiser mutually acceptable to the 
        Administrator and the Museum.
            (3) Terms and conditions for appraisal.--
                    (A) In general.--Except as provided by subparagraph 
                (B), the assumptions, scope of work, and other terms 
                and conditions related to the appraisal assignment 
                shall be mutually acceptable to the Administrator and 
                the Museum.
                    (B) Required terms.--The following terms and 
                conditions shall apply to the appraisal:
                            (i) The appraisal shall assume that the 
                        property does not contain hazardous substances 
                        (as defined in section 101 of CERCLA (42 U.S.C. 
                        9601)) which require remedial action (as 
                        defined in such section).
                            (ii) The appraisal shall state a value for 
                        the property as a whole as well as separate 
                        values for the northern portion and southern 
                        portion of the property, taking into 
                        consideration the impact to value (if any) 
                        resulting from a conveyance of less than the 
                        entirety of the property.
    (c) Application of Proceeds.--The purchase price shall be paid into 
the Federal Buildings Fund established under section 592 of title 40, 
United States Code. Upon deposit, the Administrator may expend the 
proceeds from the conveyance for any lawful purpose consistent with 
existing authorities granted to the Administrator; except that the 
Administrator shall provide the Committees with 30 days advance written 
notice of any expenditure of the proceeds.
    (d) Quit Claim Deed.--
            (1) In general.--The property shall be conveyed pursuant to 
        2 quit claim deeds (one for the northern portion and one for 
        the southern portion of the property), each of which shall 
        contain the covenants required by section 120(h) of CERCLA (42 
        U.S.C. 9620).
            (2) Limitation on liability.--The United States shall not 
        be liable or responsible pursuant to paragraph (1) for any 
        additional remedial action--
                    (A) with respect to hazardous substances not 
                existing on the property as of the date of conveyance, 
                unless the presence of such hazardous substances on the 
                property was caused by the United States; or
                    (B) caused, required, or arising out of actions of 
                the Museum, its affiliate, any successor thereto, or 
                any of their respective agents, contractors, or 
                assigns.
    (e) Use Restriction.--The northern portion of the property shall be 
dedicated for use as a site for a national health museum for the 99-
year period beginning on date of conveyance of that portion to the 
Museum.
    (f) Reversion.--
            (1) Bases for reversion.--The northern portion of the 
        property shall revert to the United States, without any 
        obligation for repayment by the United States of any amount of 
        the purchase price for the property, if --
                    (A) that portion is not used as a site for a 
                national health museum at any time during the 99-year 
                period referred to in subsection (e); or
                    (B) the Museum has not commenced construction of a 
                museum facility on that portion in the 5-year period 
                beginning on the date of enactment of this Act, other 
                than for reasons beyond the control of the Museum as 
                reasonably determined by the Administrator.
            (2) Enforcement.--The Administrator may perform any acts 
        necessary to enforce the reversionary rights provided in this 
        section.
            (3) Custody of property upon reversion.--If any portion of 
        the property reverts to the United States pursuant to this 
        section, such property shall be under the custody and control 
        of the Administrator.
    (g) Closing.--
            (1) Deadline.--The Administrator shall convey the northern 
        and southern portions of the property not later than 3 years 
        after the date of enactment of this Act. The Administrator may 
        extend that period for such time as is reasonably necessary for 
        the Museum to perform its obligations under section 6(a).
            (2) Applicability of requirements.--The requirements of 
        this Act shall remain in full force and effect with respect to 
        any portion of the property conveyed before the deadline 
        established by paragraph (1) or any extension.

SEC. 5. OFFICE LEASE.

    (a) Negotiation and Execution.--
            (1) Terms and conditions.--Notwithstanding any other 
        provision of law, the Administrator and the Museum (or its 
        affiliate) shall, within 60 days after entering into the 
        agreement described in section 4(a)(2), negotiate the terms and 
        conditions, consistent with this section, of a lease pursuant 
        to which the Administrator would lease approximately 250,000 
        square feet in a building to be constructed by the Museum on 
        the southern portion of the property.
            (2) Timing.--The Administrator and Museum shall execute the 
        lease not later than the date of the conveyance of the southern 
        portion of the property.
    (b) Rent.--
            (1) Below market rate.--The effective rent charged to the 
        Administrator as part of the lease entered into under this 
        section shall be below prevailing market rates for similar 
        space in Southwest, Washington, D.C., as agreed to between the 
        Administrator and the Museum (or its affiliate).
            (2) Authority to apply proceeds toward rent.--The 
        Administrator may apply any or all of the proceeds from 
        conveyance of the property toward the rental charges incurred 
        by the United States under the lease if the Administrator 
        otherwise complies with the notice requirement set forth in 
        section 4(c). Any such application of proceeds toward rent 
        shall not be considered in determining that the rent charged 
        under the lease is below prevailing market rates as required in 
        this section.
    (c) Operating Lease.--The lease entered into under this section 
shall be on terms and conditions that allow such lease to be scored as 
an operating lease in accordance with guidance published by the Office 
of Management and Budget.
    (d) Condition to Conveyance.--The execution of the lease under this 
section shall be a precondition to conveyance of the southern portion 
of the property to the Museum.

SEC. 6. ENVIRONMENTAL MATTERS.

    (a) Liabilities and Responsibilities.--The agreement entered into 
under section 4(a)(2) shall provide that the Museum will conduct any 
environmental remediation activity with respect to the property, and 
bear the costs of any such activity, except as otherwise provided by 
section 4(d) and subsection (b) of this section.
    (b) Crediting of Remediation Costs.--Any costs of environmental 
remediation activities referred to in subsection (a) shall be credited 
to the purchase price for the property up to an amount not greater than 
the purchase price for the property.
    (c) Scope of Remediation Activities.--The scope of any required 
environmental remediation activity with respect to the property shall 
be as required by section 120 of CERCLA (42 U.S.C. 9620).

SEC. 7. INCIDENTAL COSTS.

    (a) Responsibilities.--Except as otherwise specifically provided by 
this Act, the Museum shall bear any and all costs associated with 
complying with the provisions of this Act, including studies and 
reports, surveys, relocating tenants, and mitigating impacts to 
existing Federal buildings and structures resulting directly from the 
development of the property by the Museum.
    (b) Relocation of Existing Tenants.--The costs of relocating 
existing tenants (including the costs of related studies), shall be 
paid by the Museum up to an amount to be agreed upon by the 
Administrator and Museum in the agreement entered into under section 
4(a)(2), and any costs in excess of such agreed upon amount shall be 
credited to the purchase price for the property upon the closing on the 
portion of the property first conveyed.

SEC. 8. LAND USE APPROVALS.

    (a) Existing Authorities.--Nothing in this Act shall be construed 
as limiting or affecting the authority or responsibilities of the 
National Capital Planning Commission or the Commission of Fine Arts.
    (b) Cooperation.--
            (1) Zoning and land use.--Subject to paragraph (2), the 
        Administrator shall reasonably cooperate with the Museum with 
        respect to any zoning or other land use matter relating to 
        development of the property in accordance with this Act. Such 
        cooperation shall include consenting to applications by the 
        Museum for applicable zoning and permitting with respect to the 
        property.
            (2) Limitations.--The Administrator shall not be required 
        to incur any costs with respect to cooperation under this 
        subsection and any consent provided under this subsection shall 
        be premised on the property being developed and operated in 
        accordance with this Act.

SEC. 9. REPORTS.

     Not later than one year after the date of enactment of this Act, 
and annually thereafter until the end of the 5-year period following 
conveyance of the property or until substantial completion of the 
museum facility (whichever is later), the Museum shall submit annual 
reports to the Administrator and the Committees detailing the 
development and construction activities of the Museum with respect to 
this Act.
                                 <all>