I 
109TH CONGRESS 
1ST SESSION H. R. 3630 
To provide a site for construction of a national health museum, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005 
Mr. GINGREY (for himself, Mr. NORWOOD, Mr. PRICE of Georgia, Mr. 
BOUSTANY, and Mrs. CAPPS) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure 
A BILL 
To provide a site for construction of a national health 
museum, and for other purposes. 
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 Act of 2005’’. 
SEC. 2. PURPOSE. 
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. 
In this Act, the following definitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices. 
(2) CERCLA.—The term ‘‘CERCLA’’ means the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.). 
(3) COMMITTEES.—The term ‘‘Committees’’ 
means the Committee on Transportation and Infra-
structure of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate. 
(4) MUSEUM.—The term ‘‘Museum’’ means the 
National Health Museum, Inc., a District of Colum-
bia nonprofit corporation exempt from taxation pur-
suant to section 501(c)(3) of the Internal Revenue 
Code of 1986. 
(5) NORTHERN PORTION OF THE PROPERTY.— 
The term ‘‘northern portion of the property’’ means 
that portion of the property which the Administrator 
and Museum deem appropriate for the museum fa-
cility. 
(6) PROPERTY.—The term ‘‘property’’ means 
the property located in the District of Columbia,
subject to survey and as determined by the Adminis-
trator, generally consisting of Squares 325 and 326, 
and the westerly portions of Squares 351 and 352, 
including the parcel and structure commonly known 
as the ‘‘Cotton Annex’’. The property is generally 
bounded by 12th Street, Independence Avenue, 
Maryland Avenue, the James Forrestal Building, 
and L’Enfant Plaza, all in Southwest, Washington, 
D.C., and shall include all associated air rights, im-
provements thereon, and appurtenances thereto. 
(7) SOUTHERN PORTION OF THE PROPERTY.—
The term ‘‘southern portion of the property’’ means 
that portion of the property other than the northern 
portion of the property. 
SEC. 4. CONVEYANCE OF PROPERTY. 
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—Subject to the requirements 
of this Act, the Administrator shall convey the prop-
erty to the Museum on such terms and conditions as 
the Administrator considers reasonable and appro-
priate to protect the interests of the United States 
and further the purposes of this Act. 
(2) AGREEMENT.—As soon as practicable, but 
not later than 60 days after the date of enactment
of this Act, the Administrator shall enter into an 
agreement with the Museum for the conveyance. 
(3) TERMS AND CONDITIONS.—The terms and 
conditions of the agreement shall address, among 
other things, mitigation of developmental impacts to 
existing Federal buildings and structures, security 
concerns, and operational protocols for development 
and use of the property. 
(4) SEPARATE
CONVEYANCE
OF
NORTHERN 
AND SOUTHERN PORTIONS.—Under the agreement, 
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. 
(b) PURCHASE PRICE.— 
(1) IN GENERAL.—The purchase price for the 
property shall be its fair market value based on its 
highest and best use as determined by an inde-
pendent appraisal commissioned by the Adminis-
trator and paid for by the Museum. 
(2) SELECTION OF APPRAISER.—The appraisal 
shall be performed by an appraiser mutually accept-
able to the Administrator and the Museum. 
(3) TERMS AND CONDITIONS FOR APPRAISAL.—
(A) IN GENERAL.—Except as provided by 
subparagraph (B), the assumptions, scope of 
work, and other terms and conditions related to 
the appraisal assignment shall be mutually ac-
ceptable to the Administrator and the Museum. 
(B) REQUIRED
TERMS.—The following 
terms and conditions shall apply to the ap-
praisal: 
(i) The appraisal shall assume that 
the property does not contain hazardous 
substances (as defined in section 101 of 
CERCLA (42 U.S.C. 9601)) which require 
remedial action (as defined in such sec-
tion). 
(ii) The appraisal shall state a value 
for the property as a whole as well as sepa-
rate values for the northern portion and 
southern portion of the property, taking 
into consideration the impact to value (if 
any) resulting from a conveyance of less 
than the entirety of the property. 
(c) APPLICATION
OF
PROCEEDS.—The purchase 
price shall be paid into the Federal Buildings Fund estab-
lished under section 592 of title 40, United States Code. 
Upon deposit, the Administrator may expend the proceeds
from the conveyance for any lawful purpose consistent 
with existing authorities granted to the Administrator; ex-
cept that the Administrator shall provide the Committees 
with 30 days advance written notice of any expenditure 
of the proceeds. 
(d) QUIT CLAIM DEED.— 
(1) IN GENERAL.—The property shall be con-
veyed pursuant to 2 quit claim deeds (one for the 
northern portion and one for the southern portion of 
the property), each of which shall contain the cov-
enants required by section 120(h) of CERCLA (42 
U.S.C. 9620). 
(2) LIMITATION
ON
LIABILITY.—The United 
States shall not be liable or responsible pursuant to 
paragraph (1) for any additional remedial action— 
(A) with respect to hazardous substances 
not existing on the property as of the date of 
conveyance, unless the presence of such haz-
ardous substances on the property was caused 
by the United States; or 
(B) caused, required, or arising out of ac-
tions of the Museum, its affiliate, any successor 
thereto, or any of their respective agents, con-
tractors, or assigns.
(e) USE RESTRICTION.—The northern portion of the 
property shall be dedicated for use as a site for a national 
health museum for the 99-year period beginning on date 
of conveyance of that portion to the Museum. 
(f) REVERSION.— 
(1) BASES FOR REVERSION.—The northern por-
tion of the property shall revert to the United 
States, without any obligation for repayment by the 
United States of any amount of the purchase price 
for the property, if— 
(A) 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 
(B) the Museum has not commenced con-
struction of a museum facility on that portion 
in the 5-year period beginning on the date of 
enactment of this Act, other than for reasons 
beyond the control of the Museum as reason-
ably determined by the Administrator. 
(2) ENFORCEMENT.—The Administrator may 
perform any acts necessary to enforce the rever-
sionary rights provided in this section. 
(3) CUSTODY
OF
PROPERTY
UPON
REVER-
SION.—If any portion of the property reverts to the
United States pursuant to this section, such prop-
erty shall be under the custody and control of the 
Administrator. 
(g) CLOSING.— 
(1) DEADLINE.—The Administrator shall con-
vey the northern and southern portions of the prop-
erty not later than 3 years after the date of enact-
ment of this Act. The Administrator may extend 
that period for such time as is reasonably necessary 
for the Museum to perform its obligations under sec-
tion 5(a). 
(2) APPLICABILITY
OF
REQUIREMENTS.—The 
requirements of this Act shall remain in full force 
and effect with respect to any portion of the prop-
erty conveyed before the deadline established by 
paragraph (1) or any extension. 
SEC. 5. ENVIRONMENTAL MATTERS. 
(a) 
LIABILITIES
AND
RESPONSIBILITIES.—The 
agreement entered into under section 4(a)(2) shall provide 
that the Museum will conduct any environmental remedi-
ation activity with respect to the property, and bear the 
costs of any such activity, except as otherwise provided 
by section 4(d) and subsection (b) of this section. 
(b) CREDITING OF REMEDIATION COSTS.—Any costs 
of environmental remediation activities referred to in sub-
section (a) shall be credited to the purchase price for the 
property up to an amount not greater than the purchase 
price for the property. 
(c) SCOPE OF REMEDIATION ACTIVITIES.—The scope 
of any required environmental remediation activity with 
respect to the property shall be as required by section 120 
of CERCLA (42 U.S.C. 9620). 
SEC. 6. INCIDENTAL COSTS. 
(a) RESPONSIBILITIES.—Except as otherwise specifi-
cally provided by this Act, the Museum shall bear any and 
all costs associated with complying with the provisions of 
this Act, including studies and reports, surveys, relocating 
tenants, and mitigating impacts to existing Federal build-
ings and structures resulting directly from the develop-
ment of the property by the Museum. 
(b) RELOCATION OF EXISTING TENANTS.—The costs 
of relocating existing tenants (including the costs of re-
lated studies), shall be paid by the Museum up to an 
amount to be agreed upon by the Administrator and Mu-
seum in the agreement entered into under section 4(a)(2), 
and any costs in excess of such agreed upon amount shall 
be credited to the purchase price for the property upon 
the closing on the portion of the property first conveyed.
SEC. 7. LAND USE APPROVALS. 
(a) EXISTING AUTHORITIES.—Nothing in this Act 
shall be construed as limiting or affecting the authority 
or responsibilities of the National Capital Planning Com-
mission or the Commission of Fine Arts. 
(b) COOPERATION.— 
(1) ZONING AND LAND USE.—Subject to para-
graph (2), the Administrator shall reasonably co-
operate with the Museum with respect to any zoning 
or other land use matter relating to development of 
the property in accordance with this Act. Such co-
operation shall include consenting to applications by 
the Museum for applicable zoning and permitting 
with respect to the property. 
(2) LIMITATIONS.—The Administrator shall not 
be required to incur any costs with respect to co-
operation under this subsection and any consent pro-
vided under this subsection shall be premised on the 
property being developed and operated in accordance 
with this Act. 
SEC. 8. REPORTS. 
Not later than one year after the date of enactment 
of this Act, and annually thereafter until the end of the 
5-year period following conveyance of the property or until 
substantial completion of the museum facility (whichever 
is later), the Museum shall submit annual reports to the
Administrator and the Committees detailing the develop-
ment and construction activities of the Museum with re-
spect to this Act. 
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