[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

                                _______
                                

               December 21, 2005.--Ordered to be printed

                                _______
                                

    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:
                              ----------                              

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.

                                 
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