[House Report 106-590]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-590
=======================================================================
NATIONAL HEALTH MUSEUM SITE SELECTION ACT
_______
April 13, 2000.--Committee to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 3171]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 3171) 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, having considered the same,
reports favorably thereon with amendments and recommends that
the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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.
(g) 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.
SUMMARY AND PURPOSE
H.R. 3171, the ``National Health Museum Site Selection
Act,'' authorizes, for a period not to exceed five years, the
Administrator of the General Services Administration to sell,
at fair market value, excess real property in the District of
Columbia to be used for the construction of the National Health
Museum. As a term of conveyance, the National Health Museum
will establish, operate and maintain a satellite museum on
Ellis Island, New Jersey not later than four years after the
date of conveyance.
BACKGROUND AND NEED FOR LEGISLATION
The FY 1998 conference report to accompany the Labor,
Health and Human Services, and Education Appropriations Act
included under Title VII the National Health Museum Development
Act. The conference report specified that a National Health
Museum be located on or near the Mall on land owned by the
Federal government or the District of Columbia. The conference
report established a commission to study the appropriate
Federal role in planning and operation of a National Health
Museum. The Commission was then to submit a study within one
year of its first meeting. However, this language was never
considered by authorizing committees of either House or Senate,
and as such did not provide full congressional intent with
regard to the location of the museum, or any particular policy
with regard to the museum.
The Commission, whose intent was to study the Federal
government's role in the planning and operation of a National
Health Museum, was never created and a report identifying the
role of the Federal government was never submitted to Congress.
Nevertheless, the National Health Museum, Inc. was
established under Section 501(c)(3) of the Internal Revenue
Code as a non-profit corporation located in the District of
Columbia, and governed by an independent Board of Trustees
whose members serve without compensation. Museum officials
estimate that a $133 million capital cost and a $100 million
endowment will be needed for the museum and will be raised
through a combination of sources including corporations,
associations, foundations and the government. The operating
budget for this museum is intended to be funded from revenues,
fees, memberships, sponsorships and endowment income.
No specific site is identified in the legislation. To
assure proper real asset management of the PBS inventory, the
bill would only authorize the sale of excess real property.
Prior to sale of any excess property, GSA shall issue a
Retention and Disposal Study to the Committee of its findings
of any excess real property being considered for sale to the
Museum. If the GSA performs a Retention and Disposal Study on
property and finds the government has a need for it, the
property is not eligible for sale under this Act. If the study
finds that property is excess to the governments needs, that
property is eligible for sale under the terms and conditions of
this Act.
The bill provides authority for a period not to exceed five
years for the National Health Museum to acquire a site in the
District of Columbia from the General Services Administration
of any property that is excess to the government, at fair
market value. No specific site is identified in the
legislation, and prior to sale of the excess property, the
General Services Administration shall issue a Retention and
Disposal Study to the Committee of its findings of any excess
real property being considered for sale to the National Health
Museum. As a condition of sale, the National Health Museum
shall establish a satellite museum on Ellis Island, New Jersey.
This satellite museum shall be located in new space, or
renovated space maintained by the National Park Service on
Ellis Island and shall be established in conjunction with other
redevelopment activities on Ellis Island. There are
restrictions on the use of the Museum, and limits as to the
purpose of the museum. The bill also contains conditions for
reversion and protects the government's interests in the event
of non-compliance by the Museum.
DISCUSSION OF COMMITTEE BILL AND SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Provides that the Act may be cited as the ``National Health
Museum Site Selection Act.''
Section 2. Definitions
(1) The term ``Administrator'' means the Administrator of
the General Services Administration.
(2) The term ``Excess Real Property'' means property that
is excess to the needs of the Federal government, but has not
been screened for allexecutive agencies needs, and has not been
declared surplus property. (40 U.S.C. 472).
(3) The term ``Museum'' means the National Health Museum.
(4) The term ``Property'' means excess real property
identified under section 3(a)(1).
Section 3. Conveyance of property
(a) Authority to Convey. The Act includes a sunset
provision, which states if an appropriate parcel of excess real
property is not identified within five years from the date of
enactment the authority expires. The bill authorizes the
Administrator to sell excess real property in the government's
inventory in the District of Columbia at fair market value to
the National Health Museum. For purposes of conveyance, the
Administrator is not required to screen the identified excess
real property through executive government agencies needs
first, and is exempt from other laws governing the disposition
of excess real property, other than laws relating to
environmental and historic preservation. The Administrator is
also exempt from the Stuart B. McKinney Homeless Assistance
Act.
(b) Purpose of Conveyance. The intent of this authorization
for conveyance of excess real property is to provide at full
fair market value at highest and best use a site to construct
the National Health Museum in the District of Columbia.
(c) Prohibition on Lobbying Activities. The National Health
Museum is prohibited from using the facility to be constructed
for any lobbying activities for 99 years after the date of
conveyance. Lobbying activities include any activity that is
designed to influence Members of Congress or state
legislatures, either directly or indirectly, on matters
affecting the health industry. Activities include direct
solicitation to raise funds for purposes to influence Members;
printing or preparing information to be distributed to Members
for the purpose of influencing Members; creating phone banks
for the purpose of influencing Members; creating radio,
television or video presentations for the purpose of
influencing Members; leasing space to groups whose purpose is
to influence Members; and other like activities. This provision
shall not prevent officials of the National Health Museum from
communicating to Members of Congress or to Congress at the
request of any Member or state legislature, for informational
purposes on matters relating to the National Health Museum.
(d) Date of Conveyance. If an appropriate site of excess
real property has been identified by the Administrator, the
museum will have 120 days to notify the Administrator in
writing of the date on which the museum will accept conveyance
of an identified property. If the museum fails to notify the
Administrator, the property will not be conveyed under this
authority. The date of conveyance will not be less than 270
days and not more than 1 year after the date of notice. The
property shall be conveyed by quit claim deed. The
Administrator will maintain and perform necessary environmental
remediation to the property until the date of conveyance, and
will not make improvements or add value to the property. The
Administrator will determine the terms and conditions of the
conveyance appropriate to safeguard the interests of the United
States, consistent with the terms in this Act.
The purchase price will be fair market value in accordance
with uniform standards of appraisal practices based on the
property's highest and best use. The purchase price will be
paid in full before the date of conveyance. Fair market value
will be determined in the 270 days proceeding conveyance by a
qualified appraiser selected by the Administrator. At least 60
days prior to conveyance the Administrator will provide the
House Committee on Transportation and Infrastructure and the
Senate Committee on Environment and Public Works a report
identifying the purchase price, accompanied by the Retention
and Disposal Study with regard to the property being conveyed.
Net proceeds of the sale will be deposited into the Federal
Building Fund. GSA may deduct expenses in connection with the
sale.
As a condition of sale, the National Health Museum will
establish a satellite museum to be located on Ellis Island not
later than four years after the date of conveyance of the
property in Washington, DC. The satellite facility, at a
minimum must be under construction or have agreement documents
in place in the four-year time period. The operation of the
satellite museum is not expected to commence until construction
or renovation is completed, and the museum has the opportunity
to install the infrastructure for exhibits, and the exhibits
themselves. The bill is intended to have the satellite museum
open to the public in a time period consistent with reuse plans
for Ellis Island developed by the National Parks Service and
the New Jersey Governor's Advisory Committee on the
Preservation and Use of Ellis Island. The satellite museum will
be established in consultation with Federal and State planning,
and in compliance with the National Park Service plans and the
New Jersey Governor's Advisory Committee on the Preservation
and Use of Ellis Island. The satellite museum shall include an
approximate square footage ranging from 5,000 square feet up to
10,000 square feet, or in other such facilities to provide fora
comprehensive satellite facility. If space in addition to 10,000 square
feet is available, the National Health Museum will have the option to
make a determination as to its ability to maintain a satellite facility
consisting of space in addition to 10,000 square feet, and work with
appropriate agencies to make necessary arrangements to occupy the
additional space. A report of arrangements made for the satellite
facility, and scope of the satellite facility shall be transmitted to
the Member of Congress representing the 13th Congressional District of
New Jersey in the House of Representatives, or the Member representing
Ellis Island, in addition to the House Committee on Transportation and
Infrastructure, the Subcommittee of jurisdiction and the Senate
Committee on Environment and Public Works, from the National Parks
Service, Governor's Advisory Committee on the Preservation and Use of
Ellis Island or the National Health Museum.
The bill provides three options for the National Health
Museum to establish the satellite museum. The National Health
Museum may construct a facility on the south side of Ellis
Island; may renovate an existing building and will only pay
operating and maintenance cost; or in the event that an
arrangement is worked out that the National Park Service or
some other entity renovates the facility to be used as a
satellite museum, the National Health Museum will pay all rents
associated with the facility, including operating costs. The
National Health Museum will not be responsible for the complete
restoration and renovation of an existing historic building on
the south side of Ellis Island for any other purpose.
(h) Statutory Construction. The National Health Museum is
not authorized to take ownership of any building, facility or
land of the United States on Ellis Island, New Jersey.
Section 4. Reversionary interest in the United States
(a) The property conveyed to the National Health Museum
will revert back to the United States if construction in
Washington, DC does not commence within a three year period
after the date of conveyance, if the property is used for
lobbying purposes within a 99 year period after the date of
conveyance, if the property is used for anything other than a
health museum in accordance with the legislation for the next
99 years, if during the four year period after the date of
conveyance the museum does not commence construction, or
renovation of a satellite museum on Ellis Island, New Jersey,
or if the National Health Museum ceases to be a 501(c)(3)
organization.
(b) Repayment. If the property conveyed in Washington, DC
reverts back to the United States, the United States will pay
the National Health Museum full purchase price of the property
less interest and expenses for the conveyance, or appraised
market value, less expenses.
(c) Enforcing Reversion. The Administrator is responsible
for enforcing any reversion of the property.
(d) Inventory of Public Buildings Service. Any property
that reverts back to the Administrator will be assigned to the
Public Buildings Service.
Section 5. Authority of museum over property
(a) After the conveyance of the property the museum may
demolish, renovate, improve, build, own, operate and manage the
property in a way that provides for the establishment of the
National Health Museum, under the terms and conditions
authorized in this Act.
Section 6. Land use approvals
(a) The National Health Museum must obtain necessary
approvals from the National Capital Planning Commission and the
Commission of Fine Arts for any facility to be built on the
site in Washington.
(b) The United States will cooperate with the National
Health Museum with respect to any necessary zoning application
or administrative function.
Section 7. Environmental hazards
The United States will pay for costs of any environmental
remediation to the property before the date of conveyance. The
United States is not responsible for any other land or property
improvements before the conveyance. The responsibilities of the
United States will terminate on the date of conveyance.
Section 8. Reports
The museum will submit an annual report to the House
Committee on Transportation and Infrastructure, the Senate
Committee on Environment and Public Works and the Administrator
not more than one year after the date of enactment and will
continue to submit an annual report until two years after the
satellite museum has been open to the public.
HEARINGS
On July 21, 1999, the Subcommittee on Economic Development,
Public Buildings, Hazardous Materials and Pipeline
Transportation held a hearing on proposals for a National
Health Museum. Testimony was given by Representative Menendez
(NJ), Representative Horn (CA), Dr. C. Everett Koop, a General
Services Administration official and a representative from the
Governor's Advisory Committee on the Preservation and Use of
Ellis Island, New Jersey.
COMMITTEE CONSIDERATION
On March 22, 2000 the Subcommittee on Economic Development,
Public Buildings, Hazardous Materials and Pipeline
Transportation marked up H.R. 3171. The Subcommittee adopted an
amendment in the nature of a substitute. This amendment
provides authority for a period not to exceed five years for
the National Health Museum to acquire a site in the District of
Columbia from the General Services Administration of any
property that is excess to the government, at full fair market
value. As a condition of sale the health museum must begin to
construct, renovate, or establish a satellite health museum on
Ellis Island within four years from the date of conveyance of
the property in Washington, DC. Reversionary provisions protect
the government if the National Health Museum is in violation of
the terms and conditions in the bill. Other provisions include
conformance to zoning, National Capital Planning Commission and
the Commission on Fine Arts approvals. Prior to the conveyance,
the General Services Administration will be responsible for
environmental cleanup of the Washington, DC site, notifying the
Committee of the purchase price and submitting the retention
and disposal study for the site to be conveyed. The General
Services Administration will retain the net proceeds from the
sale.
On March 22, 2000 the Subcommittee reported H.R. 3171, as
amended, favorably to the Full Committee by unanimous voice
vote. On March 23, 2000, the Full Committee met in open session
and reported the bill, as amended by the Subcommittee, by
unanimous voice vote.
ROLLCALL VOTES
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with ordering H.R.
3171, as amended, reported.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
cost OF LEGISLATION
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3171, as amended.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
3171, as amended, from the Director of the Congressional Budget
Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 4, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3171, the National
Health Museum Site Selection Act.
If you wish further details on these estimates, we will be
pleased to provide them. The CBO staff contacts are John R.
Righter (for federal costs), Susan Sieg Tompkins (for state and
local impact), and John Harris (for the private-sector impact).
Sincerely,
Steven Lieberman
(For Dan L. Crippen, Director).
Enclosures.
congressional budget office cost estimate
H.R. 3171--National Health Museum Site Selection Act
H.R. 3171 would permit the General Services Administration
(GSA) to sell a parcel of excess real property in the District
of Columbia within five years of the bill's enactment to the
National Health Museum, Incorporated. CBO estimates that
enacting H.R. 3171 is unlikely to have a significant impact on
the federal budget. Because the bill could increase offsetting
receipts (a form of direct spending) from the sale of federal
real property, pay-as-you-go procedures would apply; but we
think it is unlikely that there would be a significant change
in such receipts under H.R. 3171.
H.R. 3171 would require that the National Health Museum pay
fair market value to acquire the property in Washington, D.C.,
as well as establish a satellite museum on Ellis Island, New
Jersey. The corporation either could construct a new facility
on Ellis Island or use an existing National Park Service (NPS)
facility. The corporation would be responsible for the costs
associated with operating and maintaining the satellite museum.
Under the bill, property sold to the National Health Museum
would revert to the federal government if the corporation
either uses it for an unauthorized purpose or fails to commence
work on the satellite museum. In addition, H.R. 3171 would
direct that GSA deposit into the Federal Buildings Fund any
proceeds from the sale of property. Spending of such sums,
however, would be subject to annual appropriation.
If a suitable piece of property becomes available in the
District of Columbia within five years of the bill's enactment,
H.R. 3171 could increase offsetting receipts from the sale of
federal real property. However, we expect that GSA would
probably sell any such property under current law. In addition,
based on information from the NPS, CBO estimates that, if the
National Health Museum establishes a satellite museum on Ellis
Island, the annual impact on the federal budget would be minor.
Any rental payments provided to the NPS could be spent without
further appropriation action.
The bill contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on the budgets of state, local, or tribal governments.
The District of Columbia could benefit under this bill because
public land currently exempt from property tax would become
taxable after the transfer. The outcome would depend on whether
the District of Columbia grants the new owner a tax exemption
based on the proposed use of the property.
H.R. 3171 would create a new private-sector mandate by
requiring the National Health Museum, a nonprofit corporation,
to make annual reports to the GSA and two Congressional
committees. CBO estimates that the cost of this mandate would
be well below the threshold established in UMRA ($109 million
in 2000, adjusted annually for inflation).
The CBO staff contacts for this estimate are John R.
Righter (for federal costs), Susan Sieg Tompkins (for the state
and local impact), and John Harris (for the private-sector
impact). This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
constitutional authority statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
federal mandates statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4.)
advisory committee statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by
legislation.
applicability to the legislative branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1.)
committee correspondence
House of Representatives,
Committee on Resources,
Washington, DC, April 6, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
Rayburn HOB, Washington, DC.
Dear Mr. Chairman: Thank you for contacting me regarding
H.R. 3171, the National Health Museum Site Selection Act,
authorized by our colleague Congressman Bob Franks of New
Jersey. Section 3(f)(3) requires the Museum to establish a
satellite museum on Ellis Island, New Jersey, and renovate and/
or use existing National Park Services facilities on that
Island.
After reviewing the language of Section 3 and consulting
with Chairman James Hansen of the Subcommittee on National
Parks and Public Lands, I have no objection to its inclusion in
H.R. 3171 and will not seek a sequential referral of the bill.
However, this action should not be construed to waive the
Committee on Resources' jurisdiction over this provision, or
similar matters, and it should not serve as precedent for
future referrals. From the draft bill report, I understand the
Museum will prepare a report on the satellite facility, and I
expect that the Committee on Resources will receive a copy of
this report. In addition, I ask that if a conference on the
bill becomes necessary, that the Committee on Resources be
represented on that conference. Finally, I ask that you include
this letter and your response in the report on the bill or in
the Congressional Record during consideration of the matter.
Thank you again for this opportunity to help expedite
consideration of a bill, and I look forward seeing it scheduled
on the House Floor soon.
Sincerely,
Don Young, Chairman.
------
Committee on Transportation and Infrastructure,
House of Representatives,
Washington, DC, April 7, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter with regard to
H.R. 3171, the ``National Health Museum Site Selection Act of
2000.'' While H.R. 3171 primarily contains provisions related
to matters solely in the jurisdiction of the Committee on
Transportation and Infrastructure. I recognize that Section
3(f)(3) of the bill, which establishes a satellite museum on
Ellis Island, New Jersey, and renovates and/or uses existing
National Park Services facilities on that island, affects the
jurisdiction of the Committee on Resources.
I agree that allowing this bill to go forward in no way
impairs upon your jurisdiction over these provisions, and I
would be pleased to place our letters in the report on this
bill. In addition, if a conference is necessary on this bill, I
would support any request to have the Committee on Resources be
represented on the conference with respect to the matters in
question.
I appreciate your cooperation in helping this bill move
forward expeditiously. I look forward to passing this bill on
the Floor soon and thank you for your assistance.
Sincerely,
Bud Shuster, Chairman.
------
Committee on Transportation and Infrastructure,
House of Representatives,
Washington, DC, April 13, 2000.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
Washington, DC.
Dear Mr. Chairman: In the near future, the House will
consider H.R. 3171, the ``National Health Museum Site Selection
Act of 2000.'' While H.R. 3171 primarily contains provisions
related to matters in the jurisdiction of the Committee on
Transportation and Infrastructure, I recognize that certain
provisions of Section 3 of the bill regarding the treatment of
excess property matters affect the jurisdiction of the
Committee on Government Reform.
I agree that allowing this bill to go forward in no way
impairs upon your jurisdiction over these provisions, and I
would be pleased to place this letter and any response you may
have in the Report on this bill. In addition, if a conference
is necessary on this bill, I would support your request to have
the Committee on Government Reform be represented on the
conference with respect to the matters in question.
I look forward to passing this bill on the Floor soon and
thank you for your assistance.
Sincerely,
Bud Shuster, Chairman.
------
House of Representatives,
Committee on Government Reform,
Washington, DC, April 13, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure, House of
Representatives, Rayburn House Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
3171, the ``National Health Museum Site Selection Act of
2000.'' As you know, this bill contains certain provisions
related to matters in the jurisdiction of the Committee on
Government Reform. Specifically, Section 3 of the bill waives
current law regarding the treatment of Federal property, which
is under the Government Reform Committee's jurisdiction.
In the interest of expediting Floor consideration of the
bill, the Committee will not exercise its jurisdiction over
H.R. 3171. This action should not, however, be construed as
waiving the Committee's jurisdiction over future legislation of
a similar nature.
Thank you for your cooperation on this matter.
Sincerely,
Dan Burton, Chairman.