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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.
HR 3171 RH1S
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Health Mu-
seum Site Selection Act’’.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ 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 Serv-
ices 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 Inter-
nal 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,
HR 3171 RH1S
the Administrator may identify a parcel of excess real
property, including any improvements thereon, lo-
cated 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 Mu-
seum all rights, title, and interest of the United States
in and to the property identified under paragraph
(1).
(3) RELATIONSHIP TO OTHER LAWS.—The au-
thority 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 his-
toric 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.
HR 3171 RH1S
(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 legisla-
tion by Congress or the legislature of any State.
(d) DATE OF CONVEYANCE.—
(1) NOTIFICATION.—If the Administrator identi-
fies a parcel of property under subsection (a)(1), not
later than 120 days after the date of such identifica-
tion, 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 Mu-
seum 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 Adminis-
trator 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.
HR 3171 RH1S
(f) CONVEYANCE TERMS.—
(1) IN GENERAL.—The conveyance shall be sub-
ject to such terms and conditions as the Adminis-
trator 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 pur-
chase price shall be paid in full to the Adminis-
trator on or before the date of conveyance of the
property and before occupancy of the property by
the Museum.
(B) TIMING; APPRAISERS.—The determina-
tion 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 Adminis-
trator.
(C) REPORT TO CONGRESS.—If the Admin-
istrator identifies a parcel of property under
HR 3171 RH1S
subsection (a)(1), Promptly upon the determina-
tion of the purchase price, and in any event at
least 60 days in advance of the date of convey-
ance of the property, the Administrator shall
transmit to the Committee on Transportation
and Infrastructure of the House of Representa-
tives 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 Ad-
ministrator with respect to the property.
(D) TREATMENT OF AMOUNTS RECEIVED.—
Net proceeds from the conveyance shall be depos-
ited into, administered, and expended, subject to
appropriations Acts, as part of the fund estab-
lished 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 assur-
ances satisfactory to the Administrator that—
HR 3171 RH1S
(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 Mu-
seum;
(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 Is-
land; and
(C) not later than 4 years after the date of
the conveyance, in order to provide for the sat-
ellite museum, the Museum—
(i) will commence construction of the
satellite museum;
(ii) will commence renovation of a fa-
cility 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
HR 3171 RH1S
such occupancy, will pay all rents associ-
ated with the facility.
(h) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion 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 Mu-
seum;
(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 exist-
ing facilities for, a satellite museum under section
HR 3171 RH1S
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 mu-
seum established under section 3(f)(3) is not operated
in accordance with such section, other than for a rea-
son not within the control of the Museum; or
(6) the Museum ceases to be exempt from Federal
income taxation as an organization described in sec-
tion 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 ap-
praiser selected by the Administrator) less any ex-
penses 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 prop-
erty to the United States under this section.
HR 3171 RH1S
(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 im-
provements on the property;
(3) finance and mortgage the property on cus-
tomary 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 Na-
tional Capital Planning Commission or the Commission of
Fine Arts.
(b) COOPERATION CONCERNING ZONING.—
HR 3171 RH1S
(1) IN GENERAL.—The United States shall co-
operate 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 ex-
isting 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. Environ-
mental remediation shall begin as soon as practicable fol-
lowing 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.
HR 3171 RH1S
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 mu-
seum 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 Rep-
resentatives, and the Committee on Environment and Pub-
lic 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
106TH CONGRESS
2D SESSION
H. R. 3171
[Report No. 106–590]
A BILL
To direct the Administrator of General Services to
convey a parcel of land in the District of Colum-
bia to be used for construction of the National
Health Museum, and for other purposes.
APRIL 13, 2000
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed