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Union Calendar No. 320
106th CONGRESS
2d Session
H. R. 3171
[Report No. 106-590]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 1999
Mr. Franks of New Jersey introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
April 13, 2000
Additional sponsor: Mrs. Fowler
April 13, 2000
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on October
28, 1999]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Health Museum 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.
(h) 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.''.
Union Calendar No. 320
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