II 

Calendar No. 354 

109TH CONGRESS 

1ST SESSION S. 2015 

[Report No. 109–212] 

To provide a site for construction of a national health museum, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2005 

Mr. ISAKSON (for himself and Mr. CHAMBLISS) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

DECEMBER 21, 2005 

Reported by Mr. INHOFE, without amendment 

A BILL 

To provide a site for construction of a national health 

museum, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Health Mu5 seum Act of 2005’’. 
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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to provide for a site to 

3 be used for the construction and operation of a national 

4 health museum. 

5 SEC. 3. DEFINITIONS. 

6 In this Act, the following definitions apply: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of General Serv9 ices. 

10 (2) CERCLA.—The term ‘‘CERCLA’’ means 

11 the Comprehensive Environmental Response, Com12 pensation, and Liability Act of 1980 (42 U.S.C. 

13 9601 et seq.). 

14 (3) COMMITTEES.—The term ‘‘Committees’’ 

15 means the Committee on Transportation and Infra16 structure of the House of Representatives and the 

17 Committee on Environment and Public Works of the 

18 Senate. 

19 (4) MUSEUM.—The term ‘‘Museum’’ means the 

20 National Health Museum, Inc., a District of Colum21 bia nonprofit corporation exempt from taxation pur22 suant to section 501(c)(3) of the Internal Revenue 

23 Code of 1986. 

24 (5) NORTHERN PORTION OF THE PROPERTY.— 

25 The term ‘‘northern portion of the property’’ means 

26 that portion of the property which the Administrator 
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1 and Museum deem appropriate for the museum fa2 cility. 

3 (6) PROPERTY.—The term ‘‘property’’ means 

4 the property located in the District of Columbia, 

5 subject to survey and as determined by the Adminis6 trator, generally consisting of Squares 325 and 326, 

7 and the westerly portions of Squares 351 and 352, 

8 including the parcel and structure commonly known 

9 as the ‘‘Cotton Annex’’. The property is generally 

10 bounded by 12th Street, Independence Avenue, 

11 Maryland Avenue, the James Forrestal Building, 

12 and L’Enfant Plaza, all in Southwest, Washington, 

13 D.C., and shall include all associated air rights, im14 provements thereon, and appurtenances thereto. 

15 (7) SOUTHERN PORTION OF THE PROPERTY.— 

16 The term ‘‘southern portion of the property’’ means 

17 that portion of the property other than the northern 

18 portion of the property. 

19 SEC. 4. CONVEYANCE OF PROPERTY. 

20 (a) AUTHORITY TO CONVEY.— 

21 (1) IN GENERAL.—Subject to the requirements 

22 of this Act, the Administrator shall convey the prop23 erty to the Museum on such terms and conditions as 

24 the Administrator considers reasonable and appro-
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1 priate to protect the interests of the United States 

2 and further the purposes of this Act. 

3 (2) AGREEMENT.—As soon as practicable, but 

4 not later than 60 days after the date of enactment 

5 of this Act, the Administrator shall enter into an 

6 agreement with the Museum for the conveyance. 

7 (3) TERMS AND CONDITIONS.—The terms and 

8 conditions of the agreement shall address, among 

9 other things, mitigation of developmental impacts to 

10 existing Federal buildings and structures, security 

11 concerns, and operational protocols for development 

12 and use of the property. 

13 (4) SEPARATE CONVEYANCE OF NORTHERN

14 AND SOUTHERN PORTIONS.—Under the agreement, 

15 the Administrator shall convey the northern portion 

16 of the property separately from and, if so agreed by 

17 the Administrator and the Museum, at a different 

18 time than the southern portion of the property. 

19 (b) PURCHASE PRICE.— 

20 (1) IN GENERAL.—The purchase price for the 

21 property shall be its fair market value based on its 

22 highest and best use as determined by an inde23 pendent appraisal commissioned by the Adminis24 trator and paid for by the Museum. 
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1 (2) SELECTION OF APPRAISER.—The appraisal 

2 shall be performed by an appraiser mutually accept3 able to the Administrator and the Museum. 

4 (3) TERMS AND CONDITIONS FOR APPRAISAL.— 

5 (A) IN GENERAL.—Except as provided by 

6 subparagraph (B), the assumptions, scope of 

7 work, and other terms and conditions related to 

8 the appraisal assignment shall be mutually ac9 ceptable to the Administrator and the Museum. 

10 (B) REQUIRED TERMS.—The following 

11 terms and conditions shall apply to the ap12 praisal: 

13 (i) The appraisal shall assume that 

14 the property does not contain hazardous 

15 substances (as defined in section 101 of 

16 CERCLA (42 U.S.C. 9601)) which require 

17 remedial action (as defined in such sec18 tion). 

19 (ii) The appraisal shall state a value 

20 for the property as a whole as well as sepa21 rate values for the northern portion and 

22 southern portion of the property, taking 

23 into consideration the impact to value (if 

24 any) resulting from a conveyance of less 

25 than the entirety of the property. 
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1 (c) APPLICATION OF PROCEEDS.—The purchase 

2 price shall be paid into the Federal Buildings Fund estab3 lished under section 592 of title 40, United States Code. 

4 Upon deposit, the Administrator may expend the proceeds 

5 from the conveyance for any lawful purpose consistent 

6 with existing authorities granted to the Administrator; ex7 cept that the Administrator shall provide the Committees 

8 with 30 days advance written notice of any expenditure 

9 of the proceeds. 

10 (d) QUIT CLAIM DEED.— 

11 (1) IN GENERAL.—The property shall be con12 veyed pursuant to 2 quit claim deeds (one for the 

13 northern portion and one for the southern portion of 

14 the property), each of which shall contain the cov15 enants required by section 120(h) of CERCLA (42 

16 U.S.C. 9620). 

17 (2) LIMITATION ON LIABILITY.—The United 

18 States shall not be liable or responsible pursuant to 

19 paragraph (1) for any additional remedial action— 

20 (A) with respect to hazardous substances 

21 not existing on the property as of the date of 

22 conveyance, unless the presence of such haz23 ardous substances on the property was caused 

24 by the United States; or 
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1 (B) caused, required, or arising out of ac2 tions of the Museum, its affiliate, any successor 

3 thereto, or any of their respective agents, con4 tractors, or assigns. 

5 (e) USE RESTRICTION.—The northern portion of the 

6 property shall be dedicated for use as a site for a national 

7 health museum for the 99-year period beginning on date 

8 of conveyance of that portion to the Museum. 

9 (f) REVERSION.— 

10 (1) BASES FOR REVERSION.—The northern por11 tion of the property shall revert to the United 

12 States, without any obligation for repayment by the 

13 United States of any amount of the purchase price 

14 for the property, if— 

15 (A) that portion is not used as a site for 

16 a national health museum at any time during 

17 the 99-year period referred to in subsection (e); 

18 or 

19 (B) the Museum has not commenced con20 struction of a museum facility on that portion 

21 in the 5-year period beginning on the date of 

22 enactment of this Act, other than for reasons 

23 beyond the control of the Museum as reason24 ably determined by the Administrator. 
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1 (2) ENFORCEMENT.—The Administrator may 

2 perform any acts necessary to enforce the rever3 sionary rights provided in this section. 

4 (3) CUSTODY OF PROPERTY UPON REVER5 SION.—If any portion of the property reverts to the 

6 United States pursuant to this section, such prop7 erty shall be under the custody and control of the 

8 Administrator. 

9 (g) CLOSING.— 

10 (1) DEADLINE.—The Administrator shall con11 vey the northern and southern portions of the prop12 erty not later than 3 years after the date of enact13 ment of this Act. The Administrator may extend 

14 that period for such time as is reasonably necessary 

15 for the Museum to perform its obligations under sec16 tion 5(a). 

17 (2) APPLICABILITY OF REQUIREMENTS.—The 

18 requirements of this Act shall remain in full force 

19 and effect with respect to any portion of the prop20 erty conveyed before the deadline established by 

21 paragraph (1) or any extension. 

22 SEC. 5. ENVIRONMENTAL MATTERS. 

23 (a) LIABILITIES AND RESPONSIBILITIES.—The 

24 agreement entered into under section 4(a)(2) shall provide 

25 that the Museum will conduct any environmental remedi-
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1 ation activity with respect to the property, and bear the 

2 costs of any such activity, except as otherwise provided 

3 by section 4(d) and subsection (b) of this section. 

4 (b) CREDITING OF REMEDIATION COSTS.—Any costs 

5 of environmental remediation activities referred to in sub6 section (a) shall be credited to the purchase price for the 

7 property up to an amount not greater than the purchase 

8 price for the property. 

9 (c) SCOPE OF REMEDIATION ACTIVITIES.—The scope 

10 of any required environmental remediation activity with 

11 respect to the property shall be as required by section 120 

12 of CERCLA (42 U.S.C. 9620). 

13 SEC. 6. INCIDENTAL COSTS. 

14 (a) RESPONSIBILITIES.—Except as otherwise specifi15 cally provided by this Act, the Museum shall bear any and 

16 all costs associated with complying with the provisions of 

17 this Act, including studies and reports, surveys, relocating 

18 tenants, and mitigating impacts to existing Federal build19 ings and structures resulting directly from the develop20 ment of the property by the Museum. 

21 (b) RELOCATION OF EXISTING TENANTS.—The costs 

22 of relocating existing tenants (including the costs of re23 lated studies), shall be paid by the Museum up to an 

24 amount to be agreed upon by the Administrator and Mu25 seum in the agreement entered into under section 4(a)(2), 
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1 and any costs in excess of such agreed upon amount shall 

2 be credited to the purchase price for the property upon 

3 the closing on the portion of the property first conveyed. 

4 SEC. 7. LAND USE APPROVALS. 

5 (a) EXISTING AUTHORITIES.—Nothing in this Act 

6 shall be construed as limiting or affecting the authority 

7 or responsibilities of the National Capital Planning Com8 mission or the Commission of Fine Arts. 

9 (b) COOPERATION.— 

10 (1) ZONING AND LAND USE.—Subject to para11 graph (2), the Administrator shall reasonably co12 operate with the Museum with respect to any zoning 

13 or other land use matter relating to development of 

14 the property in accordance with this Act. Such co15 operation shall include consenting to applications by 

16 the Museum for applicable zoning and permitting 

17 with respect to the property. 

18 (2) LIMITATIONS.—The Administrator shall not 

19 be required to incur any costs with respect to co20 operation under this subsection and any consent pro21 vided under this subsection shall be premised on the 

22 property being developed and operated in accordance 

23 with this Act. 
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1 SEC. 8. REPORTS. 

2 Not later than one year after the date of enactment 

3 of this Act, and annually thereafter until the end of the 

4 5-year period following conveyance of the property or until 

5 substantial completion of the museum facility (whichever 

6 is later), the Museum shall submit annual reports to the 

7 Administrator and the Committees detailing the develop8 ment and construction activities of the Museum with re9 spect to this Act. 
Calendar No. 354 

109TH CONGRESS 

1ST SESSION S. 2015 

[Report No. 109–212] 

A BILL 

To provide a site for construction of a national 

health museum, and for other purposes. 

DECEMBER 21, 2005 

Reported without amendment