[Senate Report 109-212]
[From the U.S. Government Publishing Office]
Calendar No. 354
109th Congress Report
SENATE
1st Session 109-212
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NATIONAL HEALTH MUSEUM ACT OF 2005
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December 21, 2005.--Ordered to be printed
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Mr. Inhofe, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[to accompany S. 2015]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 2015) to provide a site for construction of
a national health museum, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
General Statement and Background
The National Health Museum seeks to increase public
awareness of preventable disease and, through doing so, to
encourage individuals to adopt healthier lifestyles, thus
lessening the impact of preventable illness and death on our
society. The Museum has been seeking a permanent home location
for several years.
The General Services Administration's Cotton Annex building
at 12th and C Streets SW, Washington, DC, along with the vacant
parcel surrounding much of the building, is currently used as a
parking lot for both USDA employees and the public. This
building, sometimes referred to as the ``Ag Annex,'' contains
89,032 gross square feet and was constructed in 1937 for the
Department of Agriculture. It currently houses approximately
280 USDA employees; under the provisions of S. 2015, these
employees would either be relocated to leased space or, if
space were available, moved into the Agriculture South Building
across the street.
Objectives of the Legislation
S. 2015 authorizes the General Services Administration to
sell land at 12th and Independence Avenue SW in the District of
Columbia to the National Health Museum. Should that transfer
fail to take place for any reason or conditions herein not be
met, the land would remain under the control of GSA.
The committee expects that the Museum will respect its
visitors and their differing views on health issues; thus, the
committee expects that the Museum will avoid controversial
topics.
No Federal funds shall be used toward the construction,
repair, alteration, or maintenance of the facility used by the
National Health Museum.
Section-by-Section Analysis
Section 1. Short title.
This section provides that this Act may be cited as the
``National Health Museum Act of 2005.''
Sec. 2. Purpose.
This section provides that 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.
This section defines the terms ``Administrator'',
``CERCLA'', ``Committees'', ``Museum'', ``Northern Portion of
the Property'', ``Property'', and ``Southern Portion of the
Property''.
Sec. 4. Conveyance of property.
This section provides for the conveyance of property from
GSA to the National Health Museum.
Subsection (a) provides for the authority to convey, and
provides that the Administrator shall enter into an agreement
with the Museum for the conveyance as soon as practicable, but
not later than 60 days after the enactment of the Act. 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.
Subsection (b) sets the purchase price for the property at
fair market value as determined by an independent appraiser
agreed upon by the Administrator and the Museum. The appraisal
will be made both for the property as a whole and separately
for the northern and southern portions of the property.
Subsection (c) clarifies that the proceeds of the purchase
of the property shall be paid into the Federal Buildings Fund.
Subsection (d) provides that the property shall be conveyed
pursuant to two quit claim deeds. This subsection also
establishes a limitation on liability releasing the United
States from responsibility for further remedial action 1) of
hazardous substances not on the property as of the date of
conveyance, or 2) arising through actions of the Museum or its
affiliates.
Subsection (e) requires the northern portion of the
property to be used as the site of a national health museum for
a 99-year period beginning on the date of conveyance of that
portion to the Museum.
Subsection (f) provides that the northern portion of the
property shall revert to the United States, without any
obligation for repayment by the United States, if 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 if
the Museum has not begun construction of a museum facility
within 5 years of the date of enactment of the Act.
Subsection (g) directs the Administrator to convey the
northern and southern portions of the property within 3 years
of enactment of the Act; the Administrator may extend that
period for as long as is necessary for the Museum to fulfill
its remediation obligations under section 5(a).
Sec. 5. Environmental matters.
This section provides that the Museum shall conduct and
bear the cost of any environmental remediation with respect to
the property, except with respect to hazardous substances
existing on the property as of the date of conveyance or caused
by the United States. Any costs of environmental remediation
activities shall be credited to the purchase price for the
property, up to an amount not greater than the purchase price
for the property. This section also provides that the scope of
any required environmental remediation with respect to the
property shall be as required by section 120 of CERCLA.
Sec. 6. Incidental costs.
This section provides that, except as otherwise specified
by the Act, the Museum shall bear all costs associated with
complying with the provisions of this Act. The costs of
relocating existing tenants shall be paid by the Museum, up to
an amount agreed upon by the Administrator and the Museum. Any
relocation costs in excess of that agreed-upon amount shall be
credited to the purchase price for the property.
Sec. 7. Land use approvals.
This section clarifies that the authority and
responsibilities of the National Capital Planning Commission
and the Commission of Fine Arts are retained. This section also
directs the Administrator to cooperate with the Museum
regarding any zoning or land use matter relating to development
of the property.
Sec. 8. Reports.
This section directs the Museum to submit annual reports to
the Administrator and the committees detailing the development
and construction activities of the Museum with respect to this
Act. The reports shall be submitted beginning not later than 1
year after and continuing until the end of the 5-year period
following conveyance of the property or until substantial
completion of the Museum facility, whichever is later.
Legislative History
On November 15, 2005, Senator Isakson introduced S. 2015
which was cosponsored by Senator Chambliss. The bill was
referred to the Senate Committee on Environment and Public
Works. On November 17, 2005, the full committee held a business
meeting and ordered S. 2015 reported favorably without
amendment to the full Senate.
Hearings
No committee hearings were held on S. 2015.
Roll Call Votes
The Committee on Environment and Public Works met to
consider S. 2015 on November 17, 2005. The bill was ordered
reported favorably by voice vote. No roll call votes were
taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee makes evaluation of
the regulatory impact of the reported bill.
The bill does not create any additional regulatory burdens,
nor will it cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee finds that S. 2015 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
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S. 2015, National Health Museum Act of 2005, As ordered reported by the
Senate Committee on Environment and Public Works on November
17, 2005
S. 2015 would permit the General Services Administration
(GSA) to sell a property in the District of Columbia to the
National Health Museum, Inc. (a nonprofit corporation), and to
spend the proceeds from that conveyance. CBO estimates that
this conveyance would not have a significant net impact on the
Federal budget in any year. S. 2015 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would not affect the budgets
of State, local, or tribal governments.
S. 2015 would authorize the sale of a property in
Washington, DC, known as the Cotton Annex, roughly bounded by
12th Street, Independence Avenue, Maryland Avenue, the James
Forrestal building, and L'Enfant Plaza in southwest Washington,
DC. The legislation would direct GSA to sell the property in
two parts (a northern and southern piece) and complete the
conveyances within 3 years. The northern part of the property
would be used as the site for a new National Health Museum.
Under the bill, the northern portion of property would revert
to the Federal Government if the corporation uses it for
unauthorized proposes or fails to commence work on the museum
within 5 years. The net proceeds (remediation and excess
relocation costs would be credited against the sale price)
could be spent by GSA for any authorized purpose, including
repairs and alterations to other government facilities.
Under current law, GSA can transfer surplus Federal
property to public entities at little or no cost for certain
purposes (such as homeless shelters) before offering the
property for negotiated or public sale. Any cash payments
resulting from negotiated or public sales are deposited in the
Treasury as offsetting receipts (a credit against direct
spending). GSA currently controls the Cotton Annex property and
estimates that approximately 300 Federal employees would be
displaced by the sale. In addition, GSA reports it has no plans
for declaring the property excess to its needs. Thus, CBO does
not expect the property would be conveyed for a public purpose
or sold over the next 10 years under current law.
An assessment of the value of the Cotton Annex property has
not been completed, but based on recent property sales in the
District, proceeds would likely be around $100 million. For
this estimate, CBO expects that GSA would spend any net sale
proceeds generated in that year on general maintenance and
renovation activities. In recent years, GSA has spent around
$600 million annually from appropriated funds on building
repairs and alterations. In addition, the Government
Accountability Office has reported that the current backlog of
repair and renovation work for Federal buildings is estimated
to between $6 billion to $7 billion. Hence, the use of any
remaining sales proceeds from the Cotton Annex property for
those purposes would allow the agency to undertake more routine
activities sooner than would otherwise be likely. Thus, CBO
estimates that the property sale would have no significant net
budgetary impact.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
Changes in Existing Law
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.