[House Report 106-590]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-590

=======================================================================



 
               NATIONAL HEALTH MUSEUM SITE SELECTION ACT

                                _______
                                

 April 13, 2000.--Committee to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3171]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3171) 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, having considered the same, 
reports favorably thereon with amendments and recommends that 
the bill as amended do pass.
  The amendments are as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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.
  (g) 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.

                          SUMMARY AND PURPOSE

    H.R. 3171, the ``National Health Museum Site Selection 
Act,'' authorizes, for a period not to exceed five years, the 
Administrator of the General Services Administration to sell, 
at fair market value, excess real property in the District of 
Columbia to be used for the construction of the National Health 
Museum. As a term of conveyance, the National Health Museum 
will establish, operate and maintain a satellite museum on 
Ellis Island, New Jersey not later than four years after the 
date of conveyance.

                  BACKGROUND AND NEED FOR LEGISLATION

    The FY 1998 conference report to accompany the Labor, 
Health and Human Services, and Education Appropriations Act 
included under Title VII the National Health Museum Development 
Act. The conference report specified that a National Health 
Museum be located on or near the Mall on land owned by the 
Federal government or the District of Columbia. The conference 
report established a commission to study the appropriate 
Federal role in planning and operation of a National Health 
Museum. The Commission was then to submit a study within one 
year of its first meeting. However, this language was never 
considered by authorizing committees of either House or Senate, 
and as such did not provide full congressional intent with 
regard to the location of the museum, or any particular policy 
with regard to the museum.
    The Commission, whose intent was to study the Federal 
government's role in the planning and operation of a National 
Health Museum, was never created and a report identifying the 
role of the Federal government was never submitted to Congress.
    Nevertheless, the National Health Museum, Inc. was 
established under Section 501(c)(3) of the Internal Revenue 
Code as a non-profit corporation located in the District of 
Columbia, and governed by an independent Board of Trustees 
whose members serve without compensation. Museum officials 
estimate that a $133 million capital cost and a $100 million 
endowment will be needed for the museum and will be raised 
through a combination of sources including corporations, 
associations, foundations and the government. The operating 
budget for this museum is intended to be funded from revenues, 
fees, memberships, sponsorships and endowment income.
    No specific site is identified in the legislation. To 
assure proper real asset management of the PBS inventory, the 
bill would only authorize the sale of excess real property. 
Prior to sale of any excess property, GSA shall issue a 
Retention and Disposal Study to the Committee of its findings 
of any excess real property being considered for sale to the 
Museum. If the GSA performs a Retention and Disposal Study on 
property and finds the government has a need for it, the 
property is not eligible for sale under this Act. If the study 
finds that property is excess to the governments needs, that 
property is eligible for sale under the terms and conditions of 
this Act.
    The bill provides authority for a period not to exceed five 
years for the National Health Museum to acquire a site in the 
District of Columbia from the General Services Administration 
of any property that is excess to the government, at fair 
market value. No specific site is identified in the 
legislation, and prior to sale of the excess property, the 
General Services Administration shall issue a Retention and 
Disposal Study to the Committee of its findings of any excess 
real property being considered for sale to the National Health 
Museum. As a condition of sale, the National Health Museum 
shall establish a satellite museum on Ellis Island, New Jersey. 
This satellite museum shall be located in new space, or 
renovated space maintained by the National Park Service on 
Ellis Island and shall be established in conjunction with other 
redevelopment activities on Ellis Island. There are 
restrictions on the use of the Museum, and limits as to the 
purpose of the museum. The bill also contains conditions for 
reversion and protects the government's interests in the event 
of non-compliance by the Museum.

      DISCUSSION OF COMMITTEE BILL AND SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Provides that the Act may be cited as the ``National Health 
Museum Site Selection Act.''

Section 2. Definitions

    (1) The term ``Administrator'' means the Administrator of 
the General Services Administration.
    (2) The term ``Excess Real Property'' means property that 
is excess to the needs of the Federal government, but has not 
been screened for allexecutive agencies needs, and has not been 
declared surplus property. (40 U.S.C. 472).
    (3) The term ``Museum'' means the National Health Museum.
    (4) The term ``Property'' means excess real property 
identified under section 3(a)(1).

Section 3. Conveyance of property

    (a) Authority to Convey. The Act includes a sunset 
provision, which states if an appropriate parcel of excess real 
property is not identified within five years from the date of 
enactment the authority expires. The bill authorizes the 
Administrator to sell excess real property in the government's 
inventory in the District of Columbia at fair market value to 
the National Health Museum. For purposes of conveyance, the 
Administrator is not required to screen the identified excess 
real property through executive government agencies needs 
first, and is exempt from other laws governing the disposition 
of excess real property, other than laws relating to 
environmental and historic preservation. The Administrator is 
also exempt from the Stuart B. McKinney Homeless Assistance 
Act.
    (b) Purpose of Conveyance. The intent of this authorization 
for conveyance of excess real property is to provide at full 
fair market value at highest and best use a site to construct 
the National Health Museum in the District of Columbia.
    (c) Prohibition on Lobbying Activities. The National Health 
Museum is prohibited from using the facility to be constructed 
for any lobbying activities for 99 years after the date of 
conveyance. Lobbying activities include any activity that is 
designed to influence Members of Congress or state 
legislatures, either directly or indirectly, on matters 
affecting the health industry. Activities include direct 
solicitation to raise funds for purposes to influence Members; 
printing or preparing information to be distributed to Members 
for the purpose of influencing Members; creating phone banks 
for the purpose of influencing Members; creating radio, 
television or video presentations for the purpose of 
influencing Members; leasing space to groups whose purpose is 
to influence Members; and other like activities. This provision 
shall not prevent officials of the National Health Museum from 
communicating to Members of Congress or to Congress at the 
request of any Member or state legislature, for informational 
purposes on matters relating to the National Health Museum.
    (d) Date of Conveyance. If an appropriate site of excess 
real property has been identified by the Administrator, the 
museum will have 120 days to notify the Administrator in 
writing of the date on which the museum will accept conveyance 
of an identified property. If the museum fails to notify the 
Administrator, the property will not be conveyed under this 
authority. The date of conveyance will not be less than 270 
days and not more than 1 year after the date of notice. The 
property shall be conveyed by quit claim deed. The 
Administrator will maintain and perform necessary environmental 
remediation to the property until the date of conveyance, and 
will not make improvements or add value to the property. The 
Administrator will determine the terms and conditions of the 
conveyance appropriate to safeguard the interests of the United 
States, consistent with the terms in this Act.
    The purchase price will be fair market value in accordance 
with uniform standards of appraisal practices based on the 
property's highest and best use. The purchase price will be 
paid in full before the date of conveyance. Fair market value 
will be determined in the 270 days proceeding conveyance by a 
qualified appraiser selected by the Administrator. At least 60 
days prior to conveyance the Administrator will provide the 
House Committee on Transportation and Infrastructure and the 
Senate Committee on Environment and Public Works a report 
identifying the purchase price, accompanied by the Retention 
and Disposal Study with regard to the property being conveyed. 
Net proceeds of the sale will be deposited into the Federal 
Building Fund. GSA may deduct expenses in connection with the 
sale.
    As a condition of sale, the National Health Museum will 
establish a satellite museum to be located on Ellis Island not 
later than four years after the date of conveyance of the 
property in Washington, DC. The satellite facility, at a 
minimum must be under construction or have agreement documents 
in place in the four-year time period. The operation of the 
satellite museum is not expected to commence until construction 
or renovation is completed, and the museum has the opportunity 
to install the infrastructure for exhibits, and the exhibits 
themselves. The bill is intended to have the satellite museum 
open to the public in a time period consistent with reuse plans 
for Ellis Island developed by the National Parks Service and 
the New Jersey Governor's Advisory Committee on the 
Preservation and Use of Ellis Island. The satellite museum will 
be established in consultation with Federal and State planning, 
and in compliance with the National Park Service plans and the 
New Jersey Governor's Advisory Committee on the Preservation 
and Use of Ellis Island. The satellite museum shall include an 
approximate square footage ranging from 5,000 square feet up to 
10,000 square feet, or in other such facilities to provide fora 
comprehensive satellite facility. If space in addition to 10,000 square 
feet is available, the National Health Museum will have the option to 
make a determination as to its ability to maintain a satellite facility 
consisting of space in addition to 10,000 square feet, and work with 
appropriate agencies to make necessary arrangements to occupy the 
additional space. A report of arrangements made for the satellite 
facility, and scope of the satellite facility shall be transmitted to 
the Member of Congress representing the 13th Congressional District of 
New Jersey in the House of Representatives, or the Member representing 
Ellis Island, in addition to the House Committee on Transportation and 
Infrastructure, the Subcommittee of jurisdiction and the Senate 
Committee on Environment and Public Works, from the National Parks 
Service, Governor's Advisory Committee on the Preservation and Use of 
Ellis Island or the National Health Museum.
    The bill provides three options for the National Health 
Museum to establish the satellite museum. The National Health 
Museum may construct a facility on the south side of Ellis 
Island; may renovate an existing building and will only pay 
operating and maintenance cost; or in the event that an 
arrangement is worked out that the National Park Service or 
some other entity renovates the facility to be used as a 
satellite museum, the National Health Museum will pay all rents 
associated with the facility, including operating costs. The 
National Health Museum will not be responsible for the complete 
restoration and renovation of an existing historic building on 
the south side of Ellis Island for any other purpose.
    (h) Statutory Construction. The National Health Museum is 
not authorized to take ownership of any building, facility or 
land of the United States on Ellis Island, New Jersey.

Section 4. Reversionary interest in the United States

    (a) The property conveyed to the National Health Museum 
will revert back to the United States if construction in 
Washington, DC does not commence within a three year period 
after the date of conveyance, if the property is used for 
lobbying purposes within a 99 year period after the date of 
conveyance, if the property is used for anything other than a 
health museum in accordance with the legislation for the next 
99 years, if during the four year period after the date of 
conveyance the museum does not commence construction, or 
renovation of a satellite museum on Ellis Island, New Jersey, 
or if the National Health Museum ceases to be a 501(c)(3) 
organization.
    (b) Repayment. If the property conveyed in Washington, DC 
reverts back to the United States, the United States will pay 
the National Health Museum full purchase price of the property 
less interest and expenses for the conveyance, or appraised 
market value, less expenses.
    (c) Enforcing Reversion. The Administrator is responsible 
for enforcing any reversion of the property.
    (d) Inventory of Public Buildings Service. Any property 
that reverts back to the Administrator will be assigned to the 
Public Buildings Service.

Section 5. Authority of museum over property

    (a) After the conveyance of the property the museum may 
demolish, renovate, improve, build, own, operate and manage the 
property in a way that provides for the establishment of the 
National Health Museum, under the terms and conditions 
authorized in this Act.

Section 6. Land use approvals

    (a) The National Health Museum must obtain necessary 
approvals from the National Capital Planning Commission and the 
Commission of Fine Arts for any facility to be built on the 
site in Washington.
    (b) The United States will cooperate with the National 
Health Museum with respect to any necessary zoning application 
or administrative function.

Section 7. Environmental hazards

    The United States will pay for costs of any environmental 
remediation to the property before the date of conveyance. The 
United States is not responsible for any other land or property 
improvements before the conveyance. The responsibilities of the 
United States will terminate on the date of conveyance.

Section 8. Reports

    The museum will submit an annual report to the House 
Committee on Transportation and Infrastructure, the Senate 
Committee on Environment and Public Works and the Administrator 
not more than one year after the date of enactment and will 
continue to submit an annual report until two years after the 
satellite museum has been open to the public.

                                HEARINGS

    On July 21, 1999, the Subcommittee on Economic Development, 
Public Buildings, Hazardous Materials and Pipeline 
Transportation held a hearing on proposals for a National 
Health Museum. Testimony was given by Representative Menendez 
(NJ), Representative Horn (CA), Dr. C. Everett Koop, a General 
Services Administration official and a representative from the 
Governor's Advisory Committee on the Preservation and Use of 
Ellis Island, New Jersey.

                        COMMITTEE CONSIDERATION

    On March 22, 2000 the Subcommittee on Economic Development, 
Public Buildings, Hazardous Materials and Pipeline 
Transportation marked up H.R. 3171. The Subcommittee adopted an 
amendment in the nature of a substitute. This amendment 
provides authority for a period not to exceed five years for 
the National Health Museum to acquire a site in the District of 
Columbia from the General Services Administration of any 
property that is excess to the government, at full fair market 
value. As a condition of sale the health museum must begin to 
construct, renovate, or establish a satellite health museum on 
Ellis Island within four years from the date of conveyance of 
the property in Washington, DC. Reversionary provisions protect 
the government if the National Health Museum is in violation of 
the terms and conditions in the bill. Other provisions include 
conformance to zoning, National Capital Planning Commission and 
the Commission on Fine Arts approvals. Prior to the conveyance, 
the General Services Administration will be responsible for 
environmental cleanup of the Washington, DC site, notifying the 
Committee of the purchase price and submitting the retention 
and disposal study for the site to be conveyed. The General 
Services Administration will retain the net proceeds from the 
sale.
    On March 22, 2000 the Subcommittee reported H.R. 3171, as 
amended, favorably to the Full Committee by unanimous voice 
vote. On March 23, 2000, the Full Committee met in open session 
and reported the bill, as amended by the Subcommittee, by 
unanimous voice vote.

                             ROLLCALL VOTES

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with ordering H.R. 
3171, as amended, reported.

                      COMMITTEE OVERSIGHT FINDINGS

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          cost OF LEGISLATION

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3171, as amended.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3171, as amended, from the Director of the Congressional Budget 
Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 4, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3171, the National 
Health Museum Site Selection Act.
    If you wish further details on these estimates, we will be 
pleased to provide them. The CBO staff contacts are John R. 
Righter (for federal costs), Susan Sieg Tompkins (for state and 
local impact), and John Harris (for the private-sector impact).
            Sincerely,
                                                   Steven Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosures.

               congressional budget office cost estimate

H.R. 3171--National Health Museum Site Selection Act

    H.R. 3171 would permit the General Services Administration 
(GSA) to sell a parcel of excess real property in the District 
of Columbia within five years of the bill's enactment to the 
National Health Museum, Incorporated. CBO estimates that 
enacting H.R. 3171 is unlikely to have a significant impact on 
the federal budget. Because the bill could increase offsetting 
receipts (a form of direct spending) from the sale of federal 
real property, pay-as-you-go procedures would apply; but we 
think it is unlikely that there would be a significant change 
in such receipts under H.R. 3171.
    H.R. 3171 would require that the National Health Museum pay 
fair market value to acquire the property in Washington, D.C., 
as well as establish a satellite museum on Ellis Island, New 
Jersey. The corporation either could construct a new facility 
on Ellis Island or use an existing National Park Service (NPS) 
facility. The corporation would be responsible for the costs 
associated with operating and maintaining the satellite museum. 
Under the bill, property sold to the National Health Museum 
would revert to the federal government if the corporation 
either uses it for an unauthorized purpose or fails to commence 
work on the satellite museum. In addition, H.R. 3171 would 
direct that GSA deposit into the Federal Buildings Fund any 
proceeds from the sale of property. Spending of such sums, 
however, would be subject to annual appropriation.
    If a suitable piece of property becomes available in the 
District of Columbia within five years of the bill's enactment, 
H.R. 3171 could increase offsetting receipts from the sale of 
federal real property. However, we expect that GSA would 
probably sell any such property under current law. In addition, 
based on information from the NPS, CBO estimates that, if the 
National Health Museum establishes a satellite museum on Ellis 
Island, the annual impact on the federal budget would be minor. 
Any rental payments provided to the NPS could be spent without 
further appropriation action.
    The bill contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on the budgets of state, local, or tribal governments. 
The District of Columbia could benefit under this bill because 
public land currently exempt from property tax would become 
taxable after the transfer. The outcome would depend on whether 
the District of Columbia grants the new owner a tax exemption 
based on the proposed use of the property.
    H.R. 3171 would create a new private-sector mandate by 
requiring the National Health Museum, a nonprofit corporation, 
to make annual reports to the GSA and two Congressional 
committees. CBO estimates that the cost of this mandate would 
be well below the threshold established in UMRA ($109 million 
in 2000, adjusted annually for inflation).
    The CBO staff contacts for this estimate are John R. 
Righter (for federal costs), Susan Sieg Tompkins (for the state 
and local impact), and John Harris (for the private-sector 
impact). This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                   constitutional authority statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       federal mandates statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      advisory committee statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by 
legislation.

                applicability to the legislative branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

                        committee correspondence

                          House of Representatives,
                                    Committee on Resources,
                                     Washington, DC, April 6, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
Rayburn HOB, Washington, DC.
    Dear Mr. Chairman: Thank you for contacting me regarding 
H.R. 3171, the National Health Museum Site Selection Act, 
authorized by our colleague Congressman Bob Franks of New 
Jersey. Section 3(f)(3) requires the Museum to establish a 
satellite museum on Ellis Island, New Jersey, and renovate and/
or use existing National Park Services facilities on that 
Island.
    After reviewing the language of Section 3 and consulting 
with Chairman James Hansen of the Subcommittee on National 
Parks and Public Lands, I have no objection to its inclusion in 
H.R. 3171 and will not seek a sequential referral of the bill. 
However, this action should not be construed to waive the 
Committee on Resources' jurisdiction over this provision, or 
similar matters, and it should not serve as precedent for 
future referrals. From the draft bill report, I understand the 
Museum will prepare a report on the satellite facility, and I 
expect that the Committee on Resources will receive a copy of 
this report. In addition, I ask that if a conference on the 
bill becomes necessary, that the Committee on Resources be 
represented on that conference. Finally, I ask that you include 
this letter and your response in the report on the bill or in 
the Congressional Record during consideration of the matter.
    Thank you again for this opportunity to help expedite 
consideration of a bill, and I look forward seeing it scheduled 
on the House Floor soon.
            Sincerely,
                                               Don Young, Chairman.
                                ------                                

    Committee on Transportation and Infrastructure,
                                  House of Representatives,
                                     Washington, DC, April 7, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
Washington, DC.
    Dear Mr. Chairman: Thank you for your letter with regard to 
H.R. 3171, the ``National Health Museum Site Selection Act of 
2000.'' While H.R. 3171 primarily contains provisions related 
to matters solely in the jurisdiction of the Committee on 
Transportation and Infrastructure. I recognize that Section 
3(f)(3) of the bill, which establishes a satellite museum on 
Ellis Island, New Jersey, and renovates and/or uses existing 
National Park Services facilities on that island, affects the 
jurisdiction of the Committee on Resources.
    I agree that allowing this bill to go forward in no way 
impairs upon your jurisdiction over these provisions, and I 
would be pleased to place our letters in the report on this 
bill. In addition, if a conference is necessary on this bill, I 
would support any request to have the Committee on Resources be 
represented on the conference with respect to the matters in 
question.
    I appreciate your cooperation in helping this bill move 
forward expeditiously. I look forward to passing this bill on 
the Floor soon and thank you for your assistance.
            Sincerely,
                                             Bud Shuster, Chairman.
                                ------                                

    Committee on Transportation and Infrastructure,
                                  House of Representatives,
                                    Washington, DC, April 13, 2000.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
Washington, DC.
    Dear Mr. Chairman: In the near future, the House will 
consider H.R. 3171, the ``National Health Museum Site Selection 
Act of 2000.'' While H.R. 3171 primarily contains provisions 
related to matters in the jurisdiction of the Committee on 
Transportation and Infrastructure, I recognize that certain 
provisions of Section 3 of the bill regarding the treatment of 
excess property matters affect the jurisdiction of the 
Committee on Government Reform.
    I agree that allowing this bill to go forward in no way 
impairs upon your jurisdiction over these provisions, and I 
would be pleased to place this letter and any response you may 
have in the Report on this bill. In addition, if a conference 
is necessary on this bill, I would support your request to have 
the Committee on Government Reform be represented on the 
conference with respect to the matters in question.
    I look forward to passing this bill on the Floor soon and 
thank you for your assistance.
            Sincerely,
                                             Bud Shuster, Chairman.
                                ------                                

                          House of Representatives,
                            Committee on Government Reform,
                                    Washington, DC, April 13, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Rayburn House Office Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter regarding H.R. 
3171, the ``National Health Museum Site Selection Act of 
2000.'' As you know, this bill contains certain provisions 
related to matters in the jurisdiction of the Committee on 
Government Reform. Specifically, Section 3 of the bill waives 
current law regarding the treatment of Federal property, which 
is under the Government Reform Committee's jurisdiction.
    In the interest of expediting Floor consideration of the 
bill, the Committee will not exercise its jurisdiction over 
H.R. 3171. This action should not, however, be construed as 
waiving the Committee's jurisdiction over future legislation of 
a similar nature.
    Thank you for your cooperation on this matter.
            Sincerely,
                                              Dan Burton, Chairman.

                                

