[Congressional Record Volume 156, Number 165 (Tuesday, December 14, 2010)]
[House]
[Pages H8326-H8328]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  HOUSTON, TEXAS, PROPERTY CONVEYANCE

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6510) to direct the Administrator of General Services to 
convey a parcel of real property in Houston, Texas, to the Military 
Museum of Texas, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6510

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CONVEYANCE OF REAL PROPERTY IN HOUSTON, TEXAS.

       (a) Authority To Convey.--The Administrator of General 
     Services shall convey, at the market value determined under 
     subsection (b), to the Military Museum of Texas all right, 
     title, and interest of the United States in and to the parcel 
     of real property located at 8611 Wallisville Road in Houston, 
     Texas, as described in subsection (c).
       (b) Determination of Market Value.--For purposes of 
     subsection (a), the market value of the real property shall 
     be determined by an independent appraisal based on the 
     current use of the property. The appraisal shall be 
     commissioned by the Administrator and paid for by the 
     Military Museum of Texas.
       (c) Property Description.--The real property to be conveyed 
     is the 3.673 acres of land in Lot 3 of Moers Subdivision in 
     the W.M. Black Survey, Abstract 114, Harris County, Texas, 
     more particularly described as follows:
       (1) Beginning at an iron rod located at the intersection of 
     the north line of Wallisville Road presently being 100' wide 
     with the southeast line of U.S. Highway 90 presently being 
     150' in width.
       (2) Thence north 38 deg.13' east 1068.61' along the 
     southeast line of U.S. Highway 90 to an iron rod for the 
     point of beginning.
       (3) Thence south 01 deg.15'43" east 713.5' along a fence to 
     a galvanized iron fence corner in the north line of 
     Wallisville Road.
       (4) Thence south 79 deg.26' west, 408' more or less 
     parallel to the east boundary line to a point in the 
     southeast line of U.S. Highway 90.
       (5) Thence north 38 deg.13' east 460' more or less along 
     the southeast line of U.S. Highway 90 to the point of 
     beginning.
       (d) Structures and Improvements.--The conveyance shall 
     include the improvements, structures, and fixtures located on 
     the real property conveyed and related personal property.
       (e) Use Restriction.--
       (1) In general.--As a condition of the conveyance, the 
     Military Museum of Texas shall use and maintain the real 
     property conveyed, for a minimum period of 30 years, in a 
     manner consistent with the use of the property at the time of 
     the conveyance.
       (2) Use restriction.--Except as provided by paragraph (3), 
     if the real property conveyed ceases to be used or maintained 
     as required by paragraph (1), all or any portion of the 
     property shall, in its then existing condition and at the 
     option of the Administrator, revert to the United States.
       (3) Abrogation of use restriction.--
       (A) In general.--The Military Museum of Texas may seek 
     abrogation of the use restriction set forth in paragraph (2) 
     by obtaining the advance written consent of the 
     Administrator, and by payment to the United States of the 
     fair market value of the real property to be released from 
     the restriction.
       (B) Determination of fair market value.--For purposes of 
     subparagraph (A), the fair market value of the real property 
     shall be determined by an independent appraisal based on the 
     highest and best use of the property as of the effective date 
     of the abrogation. The appraisal shall be commissioned by the 
     Administrator and paid for by the Military Museum of Texas.
       (f) Compliance.--
       (1) Reports.--As a condition of the conveyance, the 
     Military Museum of Texas shall submit to the Administrator, 
     not later than one year after the date of the conveyance and 
     annually thereafter for a period of 30 years, a report on the 
     Military Museum's use and maintenance of the real property 
     conveyed, and any other reports required by the Administrator 
     to evidence the Military Museum's continuous use of the 
     property in accordance with subsection (d).
       (2) Inspections.--Not later than one year after the date of 
     conveyance and every 5 years thereafter for a period of 30 
     years, the Administrator shall conduct inspections of the 
     real property conveyed to confirm information provided in the 
     reports submitted under paragraph (1).
       (g) Additional Terms and Conditions.--The Administrator may 
     require the conveyance to be subject to such additional terms 
     and conditions as the Administrator considers appropriate and 
     necessary to protect the interests of the United States.
       (h) Costs of Conveyance.--The Military Museum of Texas 
     shall be responsible for all reasonable and necessary costs 
     associated with the conveyance, including real estate 
     transaction and environmental documentation costs.
       (i) Relationship to Environmental Law.--Nothing in this 
     section may be construed to affect or limit the application 
     of or obligation to comply with any environmental law, 
     including section 120(h) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9620(h)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from Florida 
(Mr. Mario Diaz-Balart) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 6510.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 6510 directs the Administrator of General Services to convey a 
parcel of real property in Houston, Texas, to the Military Museum of 
Texas. The Military Museum of Texas is a nonprofit 501(c)(3) based in 
Harris County, Texas, that was created to honor the contributions of 
the citizens of Texas to the armed services of the United States.
  The museum was founded in 1992 as a charitable organization and has 
an all-volunteer staff with an annual operating budget. The Military 
Museum of Texas' main activities include educating citizens on Texas' 
military history and preserving military memorabilia. The memorabilia 
include artillery field pieces, field equipment, et cetera, but 
primarily military vehicles for display that are shared with the 
public. Its income is derived directly from the sale of items to the 
general public, membership dues, event fees, and contributions of 
private individuals and corporations.

                              {time}  1640

  The museum devotes a significant portion of its funds to its military 
vehicle restoration program, and these vehicles are often shared with 
the public on site and at local parades. The Military Museum of Texas 
estimates the value of its military vehicles and military memorabilia 
collection in its inventory at $10 million.
  The museum is currently housed in approximately 20,000 square feet 
owned by the General Services Administration. Originally, GSA leased 
the facility to the State of Texas starting in the early 1970s, before 
the museum took control of the facility in late 2004 under lease with 
the State of Texas for nominal rent plus utilities and minor repairs.
  Since its initial occupancy, the Military Museum has worked with a 
private consultant to put together a 5-year capital improvement plan 
for fiscal years 2010 through 2015, to improve the facility and address 
storm damage to make the museum more of a world-class museum.
  The General Services Administration declared the property excess on 
December 16, 2009, and the Military Museum of Texas has expressed an 
interest in purchasing the property at its full market value with a 
museum use restriction. The government interest in this property is 
protected because if the site is used for anything except for a museum 
during the next 30 years, the owners will be required to pay the market 
value of the parcel at the highest and best use.
  Given that the GSA has declared this property excess and the Military 
Museum of Texas is willing to purchase at market value, we find this 
transfer to be in the best interest of the government, and I urge my 
colleagues to support the bill.
  I reserve the balance of my time.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, I yield myself such 
time as I may consume.
  Let me add my words to the gentlewoman from the District of Columbia. 
This bill would direct the GSA to transfer property in Houston to the 
Military Museum, as the gentlewoman just said.
  I want to thank the gentlewoman from Texas, Sheila Jackson Lee, for 
bringing up this bill. This would, as well as what the chairwoman just 
talked about, also solve an issue that is really an unfortunate symptom 
of poor management of real Federal property.
  In 2004, the museum leased this property, as we just heard, in good 
faith from the State of Texas, which had

[[Page H8327]]

used the property since 1972; and the State had actually even made 
improvements on it. Now, at the time GSA didn't even know that it owned 
this property. So it was only after due diligence from the folks at the 
museum when they started researching the property and the tax records, 
that is when it was discovered that GSA actually owned or, let me say, 
likely owned the property. GSA didn't even have a record of its 
ownership interest, but subsequently confirmed its interest in the 
property.
  Now, the chairwoman and Ranking Member John Mica of the 
Transportation and Infrastructure Committee and I have been working to 
cut wasteful management of Federal real estate property and to save 
taxpayers money. Unfortunately, this is yet another example, Mr. 
Speaker, of the type of poor management that has plagued Federal real 
property. This case raises serious questions as to whether Federal 
agencies frankly even have accurate data about which properties they 
even own, the taxpayer even owns, let alone how to manage those 
properties. But now we are where we are. That is why I thank the 
gentlewoman from Texas.

  The Military Museum of Texas, which is a nonprofit organization 
founded in 1992 by military veterans, operates with a voluntary staff 
and displays military vehicles, as we have heard; and they draw a 
significant amount of visitors each year.
  So the GSA, after finally realizing that they did own the property, 
that the taxpayers own the property, has determined that there is no 
Federal use for this property. So this bill would provide an 
opportunity, I think a very good opportunity, for the Military Museum 
of Texas to continue using the property as a museum; and it will ensure 
that the taxpayers will be compensated appropriately.
  I am pleased to be a cosponsor with the gentlewoman from Texas. I 
want to thank her again for her leadership on this issue. I clearly 
support the bill. I just wanted to make sure that everybody understood 
the issue that we are dealing with here at the Federal level. When you 
have an agency that doesn't even know that it owns a piece of property, 
it tells you that we have issues up here that we need to deal with.
  I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I yield to the gentlewoman from Texas (Ms. 
Jackson Lee), the sponsor of this bill, such time as she may consume.
  (Ms. JACKSON LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON LEE of Texas. Mr. Speaker, let me thank the chairwoman of 
the subcommittee, first of all, for her kind generosity and the 
excellent staff of the chairperson, and as well my friend and my good 
friend from Florida, Congressman Mario Diaz-Balart, who is the ranking 
member of this committee, for the wisdom and for their staff's 
excellent work that has generated relief for hardworking veterans.
  In one sense, the Texas Military Museum, it speaks to individuals who 
have found themselves now living in the State of Texas. But these are 
heroes that served the Nation, proudly so, and they welcome the Nation 
to come and to celebrate the idea of a military museum. I don't think 
we can have enough of these facilities. And so I am very grateful that 
this nonprofit institution, in the wisdom of my bipartisan cosponsors, 
of which I want to express deep and abiding appreciation as I indicated 
to the ranking member for his sponsorship and to the chairwoman for her 
leadership, because it is preserving the honor and the memory of 
citizens who served defending the United States' freedom and liberty, 
and, as well, we emphasize, serving the entire country.
  This will include all branches of the Armed Forces, including the 
Reserves and the National Guard. This will allow these individuals who 
have nurtured and cared for military vehicles and other equipment for 
display since the beginning of their operations, critical components of 
the military history. These individuals, these soldiers have restored 
and preserved this military equipment and memorabilia with enduring 
kindness, volunteerism; and they have stood fast just like they stood 
fast on the battlefield on behalf of the Nation.
  The museum has had to turn down historic military equipment for 
display and restoration given their space limitations, so this museum 
will in essence be an asset for the American people.
  What will it do? In addition to saying thank you to veterans, to 
those who have served, it will be a benefit to the community, schools, 
as well as veterans and military-related groups. It will teach the 
children to value a soldier, both old and young, both active and 
nonactive. It will teach them to understand what sacrifice is all 
about. It will explain to them, these tough vehicles that children 
rarely see, what they mean to their freedom. The Military Museum 
provides educational programs. You can't imagine the different schools 
that are eager to see them. Live reenactments from military personnel, 
interactive exhibits, provide internships to military history and 
preservation, as well as research databases available for educational 
and historical institutions and the public.
  I might deviate just for a moment. A fallen hero that all of us 
admired, Ambassador Richard Holbrooke, took his arms of peace. He was 
of course the envoy to Pakistan and Afghanistan, where a war is raging 
in Afghanistan. What I would say to you is that he understood the 
partnership and the work that has to be done with the military.
  That is why this museum is so important. They work together for 
peace, diplomacy and peace. It is enormously important that we provide 
an opportunity for these to be recognized.
  Now, we are grateful that the General Services Administration has a 
light bulb on, and we thank those who have recognized the fact, how 
important it is to be able to fix this, if you will. That is what we 
are doing.

                              {time}  1650

  But we are fixing it for the right reasons. This will be conveyed for 
market value, the title and interest to the benefit of the United 
States of America. Therefore, this particular land will not go unused 
or misused. It, in actuality, will be for the Military Museum of Texas 
that can really be called the Military Museum--one of them--of the 
United States of America. We support honoring our soldiers.
  So let me thank Ron Kendall, Elliot Doomes, Ward McCarragher, Johanna 
Hardy, Major Keithen Washington of my office, who was a Department of 
Defense detailee. We thank him for his fine work, and my deputy chief 
of staff for her untiring efforts to keep moving this bill.
  Certainly we want to acknowledge all of the original cosponsors: 
Mario Diaz-Balart, Ted Poe, Ileana Ros-Lehtinen, Charlie Gonzalez, 
Henry ``Hank'' Johnson, and Ralph Hall, and the many others who have 
rallied around to be supportive.
  Let me close at this time and indicate that we often speak of making 
sure that our veterans have all their benefits. We want to help the 
wounded warriors. Many of us visit the front lines from Iraq to 
Afghanistan to Bosnia to Albania and places beyond, but we want them to 
know that we cherish what they have done, and a military museum is a 
way of doing that. It gives them great joy to teach and educate adults 
and children, alike, what it is to serve. Our freedom is intertwined 
with the sacrifices of our servicemen and -women whose devotion to 
freedom is unparalleled. I am privileged to honor their sacrifices and 
the role each plays in our freedom by championing and supporting this 
legislation.
  This bill is yet another reminder to all Americans of the risk that 
our servicemembers take on our behalf daily. Moreover, H.R. 6510 is an 
expression of gratitude for their service.
  The Military Museum of Texas houses wonderful memorabilia and 
artifacts, and I can say that the relics remind us to be grateful and 
thankful for the reasons owed to military servicemen and -women for the 
sacrifices they made for our enjoyment of freedom. So I ask my 
colleagues to help us make it right, and I ask my colleagues to support 
H.R. 6510, a bipartisan bill recognizing the history of our great 
military men and women.
  Mr. MARIO DIAZ-BALART of Florida. Mr. Speaker, let me once again 
thank the gentlelady from Texas for bringing up this bill. As I 
mentioned before, not only is it going to help solve a problem where 
you have a Federal agency that didn't even know it had a piece of 
property that it owned,

[[Page H8328]]

but as she eloquently stated, it is solving that problem and replacing 
it with a very meritorious thing, which is a museum for our fighting 
men and women who have kept us free for over 200 years.
  She very generously mentioned lots of names that she thanked, but I 
would be remiss if I didn't thank the gentlewoman from Texas for her 
leadership on this issue. It may have been a frustrating issue at 
times, but she has brought it to the finish line here in the House.
  Also, I want to thank the chairwoman of the subcommittee I have had 
the privilege of being the ranking member of for 2 years; first for 
working so closely with me and for, once again, bringing this bill, and 
also just for being a great partner for the last 2 years, working 
together on a number of issues, always with great generosity and a 
spirit of cooperation with me. And that is something I will never 
forget.
  This may or may not be the last time I am on the floor as a member of 
this committee because I am moving on to the Appropriations Committee, 
but I wanted to thank the chairwoman for her many courtesies to me. I 
have really enjoyed, and it has been a privilege, working with you, 
Madam Chairwoman.
  Mr. Speaker, I yield back the balance of my time.
  Ms. NORTON. First, I want to thank the ranking member, the gentleman 
from Florida (Mr. Mario Diaz-Balart), with whom I have worked so well 
and so closely, to thank him for the collegiality he and I have had on 
the subcommittee. It is a model, it seems to me, that the Congress 
might want to follow.
  I must say, when my good friend tells me that he probably will be 
leaving the committee altogether, it is a sad note for me, given the 
way we have tried to reach agreement whenever there has been 
disagreement. And, frankly, on most matters he and I have found little 
upon which to disagree.
  I can only wish him well on the Appropriations Committee. That must 
be his preference. Therefore, I wish the best for him, and I certainly 
hope to have the opportunity to work with him again in connection with 
that committee or otherwise on this floor or in this Congress.
  I want to congratulate my good friend from Texas for her strong 
leadership on this bill and in wanting to make sure that this bill got 
on the floor before the end of the session and for her devotion to a 
bill that should be received, I'm sure, by all because of the 
recognition she so wisely understands all members of the Armed Forces 
are due.
  Mr. OBERSTAR. Mr. Speaker, I rise in support of H.R. 6510, to direct 
the Administrator of General Services to convey a property in Houston, 
Texas, to the Military Museum of Texas.
  The Military Museum of Texas is a non-profit organization with an 
all-volunteer staff that operates a small museum in Houston, Texas, on 
land owned by the United States Government. The Museum has been 
operating on this property since 2004, paying a very nominal rent under 
an agreement with the State of Texas, which in turn had a use agreement 
with the General Services Administration, GSA.
  In 2009, GSA determined that it did not have a need for the property, 
and, following normal federal procedures, reported the property as 
excess to its needs. The GSA Office of Property Utilization and 
Disposal then screened the property with other federal agencies for 
possible use, and determined in January 2010, that the property was 
surplus to federal needs. In June 2010, the State of Texas formally 
notified GSA that it, too, had no need for the property.
  H.R. 6510 directs the GSA Administrator to convey this property to 
the tenant who has been in occupancy for the last 6 years, the Military 
Museum of Texas, for the fair market value of the property in its 
current use as a museum. The conveyance, by a provision in this bill, 
will include a covenant restricting the use of the property to its 
current use as a museum. If the Museum wants to abrogate the 
restrictive covenant, the Museum must pay GSA the fair market value of 
the property in its highest and best use.
  The provisions of the bill are fair and reasonable, and protect the 
interests of the U.S. Government, while affording the Military Museum 
of Texas the opportunity to end its tenant status and take ownership of 
this property.
  I urge my colleagues to join me in supporting H.R. 6510.
  Ms. NORTON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 6510.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. NORTON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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