[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1558 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1558

  To authorize the relocation of the Gillis W. Long Hansen's Disease 
 Center, to provide for the transfer to the State of Louisiana of the 
          current site of such Center, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 1997

 Mr. Baker  (for himself, Mr. Livingston, Mr. Tauzin, Mr. McCrery, Mr. 
    Cooksey, and Mr. John) introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To authorize the relocation of the Gillis W. Long Hansen's Disease 
 Center, to provide for the transfer to the State of Louisiana of the 
          current site of such Center, 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 ``Hansen's Disease Program Amendments 
of 1997''.

SEC. 2. AUTHORIZATION FOR RELOCATION OF GILLIS W. LONG HANSEN'S DISEASE 
              CENTER; TRANSFER TO STATE OF LOUISIANA OF CURRENT SITE OF 
              CENTER.

    (a) The Secretary of Health and Human Services may in accordance 
with this section provide for the relocation of the Federal facility 
known as the Gillis W. Long Hansen's Disease Center (located in the 
vicinity of Carville, in the State of Louisiana), including the 
relocation of the patients of the Center.
    (b)(1) Subject to paragraph (2), in relocating the Center the 
Secretary may on behalf of the United States transfer to the State of 
Louisiana, without charge, title to the real property and improvements 
that as of the date of the enactment of this Act constitute the Center. 
Such real property is a parcel consisting of approximately 330 acres. 
The exact acreage and legal description used for purposes of the 
transfer shall be in accordance with a survey satisfactory to the 
Secretary.
    (2) Any conveyance under paragraph (1) is not effective unless the 
deed or other instrument of conveyance contains the conditions 
specified in subsection (d); the instrument specifies that the United 
States and the State of Louisiana agree to such conditions; and the 
instrument specifies that, if the State engages in a material breach of 
the conditions, title to the real property and improvements involved 
reverts to the United States at the election of the Secretary.
    (c)(1) With respect to Federal equipment and other items of Federal 
personal property that are in use at the Center as of the date of the 
enactment of this Act, the Secretary may, subject to paragraph (2), 
transfer to the State such items as the Secretary determines to be 
appropriate, if the Secretary makes the transfer under subsection (b).
    (2) A transfer of equipment or other items may be made under 
paragraph (1) only if the State agrees that, during the 30-year period 
beginning on the date on which the transfer under subsection (b) is 
made, the items will be used exclusively for purposes that promote the 
health or education of the public, except that the Secretary may 
authorize such exceptions as the Secretary determines to be 
appropriate.
    (d) For purposes of subsection (b)(2), the conditions specified in 
this subsection with respect to a transfer of title are the following:
            (1) During the 30-year period beginning on the date on 
        which the transfer is made, the real property and improvements 
        referred to in subsection (b)(1) (referred to in this 
        subsection as the ``transferred property'') will be used 
        exclusively for purposes that promote the health or education 
        of the public, with such incidental exceptions as the Secretary 
        may approve.
            (2) For purposes of monitoring the extent to which the 
        transferred property is being used in accordance with paragraph 
        (1), the Secretary will have access to such documents as the 
        Secretary determines to be necessary, and the Secretary may 
        require the advance approval of the Secretary for such 
        contracts, conveyances of real or personal property, or other 
        transactions as the Secretary determines to be necessary.
            (3) The relocation of patients from the transferred 
        property will be completed not later than 3 years after the 
        date on which the transfer is made, except to the extent the 
        Secretary determines that relocating particular patients is not 
        feasible. During the period of relocation, the Secretary will 
        have unrestricted access to the transferred property, and after 
        such period will have such access as may be necessary with 
        respect to the patients who pursuant to the preceding sentence 
        are not relocated.
            (4)(A) With respect to projects to make repairs and energy-
        related improvements at the transferred property, the Secretary 
        will provide for the completion of all such projects for which 
        contracts have been awarded and appropriations have been made 
        as of the date on which the transfer is made.
            (B) If upon completion of the projects referred to in 
        subparagraph (A) there are any unobligated balances of amounts 
        appropriated for the projects, and the sum of such balances is 
        in excess of $100,000--
                    (i) the Secretary will transfer the amount of such 
                excess to the State; and
                    (ii) the State will expend such amount for the 
                purposes referred to in paragraph (1), which may 
                include the renovation of facilities at the transferred 
                property.
            (5)(A) The State will maintain the cemetery located on the 
        transferred property, will permit individuals who were long-
        term-care patients of the Center to be buried at the cemetery, 
        and will permit members of the public to visit the cemetery.
            (B) The State will permit the Center to maintain a museum 
        on the transferred property, and will permit members of the 
        public to visit the museum.
            (C) In the case of any waste products stored at the 
        transferred property as of the date of the transfer, the 
        Federal Government will after the transfer retain title to and 
        responsibility for the products, and the State will not require 
        that the Federal Government remove the products from the 
        transferred property.
            (6) In the case of each individual who as of the date of 
        the enactment of this Act is a Federal employee at the 
        transferred property with facilities management or dietary 
        duties:
                    (A) The State will offer the individual an 
                employment position with the State, the position with 
                the State will have duties similar to the duties the 
                individual performed in his or her most recent position 
                at the transferred property, and the position with the 
                State will provide the same compensation and benefits 
                as are provided to similarly situated employees of the 
                State.
                    (B) If the individual becomes an employee of the 
                State pursuant to subparagraph (A), the State will make 
                payments in accordance with subsection (e)(2)(B) 
                (relating to disability), as applicable with respect to 
                the individual.
            (7) Such additional conditions as the Secretary determines 
        to be necessary to protect the interests of the United States.
    (e)(1) This subsection applies if the transfer under subsection (b) 
is made.
    (2) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee at the Center with 
facilities management or dietary duties, and who becomes an employee of 
the State pursuant to subsection (d)(6)(A):
            (A) The provisions of subchapter III of chapter 83 of title 
        5, United States Code, or of chapter 84 of such title, 
        whichever are applicable, that relate to disability shall be 
        considered to remain in effect with respect to the individual 
        (subject to subparagraph (C)) until the earlier of--
                    (i) the expiration of the 2-year period beginning 
                on the date on which the transfer under subsection (b) 
                is made; or
                    (ii) the date on which the individual first meets 
                all conditions for coverage under a State program for 
                payments during retirement by reason of disability.
            (B) The payments to be made by the State pursuant to 
        subsection (d)(6)(B) with respect to the individual are 
        payments to the Civil Service Retirement and Disability Fund, 
        if the individual is receiving Federal disability coverage 
        pursuant to subparagraph (A). Such payments are to be made in a 
        total amount equal to that portion of the normal-cost 
        percentage (determined through the use of dynamic assumptions) 
        of the basic pay of the individual that is allocable to such 
        coverage and is paid for service performed during the period 
        for which such coverage is in effect. Such amount is to be 
        determined in accordance with chapter 84 of such title 5, is to 
        be paid at such time and in such manner as mutually agreed by 
        the State and the Office of Personnel Management, and is in 
        lieu of individual or agency contributions otherwise required.
            (C) In the determination pursuant to subparagraph (A) of 
        whether the individual is eligible for Federal disability 
        coverage (during the applicable period of time under such 
        subparagraph), service as an employee of the State after the 
        date of the transfer under subsection (b) shall be counted 
        toward the service requirement specified in the first sentence 
        of section 8337(a) or 8451(a)(1)(A) of such title 5 (whichever 
is applicable).
    (3) In the case of each individual who as of the date of the 
enactment of this Act is a Federal employee with a position at the 
Center and is, for duty at the Center, receiving the pay differential 
under section 5545(d) of title 5, United States Code:
            (A) If as of the date of the transfer under subsection (b) 
        the individual is eligible for an annuity under section 8336 or 
        8412 of title 5, United States Code, the following applies:
                    (i) Once the individual separates from the service 
                and thereby becomes entitled to receive the annuity, 
                the pay differential shall be included in the 
                computation of the annuity if the individual separated 
                from the service not later than the expiration of the 
                30-day period beginning on the date of the transfer.
                    (ii) If the individual continues to be employed at 
                the Center after such 30-day period, the individual may 
                not receive the pay differential for duty at the Center 
                performed after such period.
            (B) If the individual is not eligible for such an annuity 
        as of the date of the transfer under subsection (b) but 
        subsequently does become eligible, the following applies:
                    (i) Once the individual separates from the service 
                and thereby becomes entitled to receive the annuity, 
                the pay differential shall be included in the 
                computation of the annuity if the individual separated 
                from the service not later than the expiration of the 
                30-day period beginning on the date on which the 
                individual first became eligible for the annuity.
                    (ii) If the individual continues to be employed at 
                the Center after such 30-day period, the individual may 
                not receive the pay differential for duty at the Center 
                performed after such period.
            (C) For purposes of this paragraph, the individual is 
        eligible for the annuity if the individual meets all conditions 
        under such section 8336 or 8412 to be entitled to the annuity, 
        except the condition that the individual be separated from the 
        service.
    (4) With respect to individuals who as of the date of the enactment 
of this Act are Federal employees with positions at the Center and are 
not, for duty at the center, receiving the pay differential under 
section 5545(d) of title 5, United States Code:
            (A) During the fiscal years 1997 and 1998, the Secretary 
        may in accordance with this paragraph provide to any such 
        individual a voluntary separation incentive payment. The 
        purpose of such payments is to avoid or minimize the need for 
        involuntary separations under a reduction in force with respect 
        to the Center.
            (B) During fiscal year 1997, any payment under subparagraph 
        (A) shall be made under section 663 of the Treasury, Postal 
        Service, and General Government Appropriations Act, 1997 (as 
        contained in section 101(f) of division A of Public Law 104-
        208), except that, for purposes of this subparagraph, 
        subsection (b) of such section 663 does not apply.
            (C) During fiscal year 1998, such section 663 applies with 
        respect to payments under subparagraph (A) to the same extent 
        and in the same manner as such section applied with respect to 
        the payments during fiscal year 1997, and for purposes of this 
        subparagraph, the reference in subsection (c)(2)(D) of such 
        section 663 to December 31, 1997, is deemed to be a reference 
        to December 31, 1998.
    (f) The following provisions apply if under subsection (a) the 
Secretary makes the decision to relocate the Center:
            (1) The site to which the Center is relocated shall be in 
        the vicinity of Baton Rouge, in the State of Louisiana.
            (2) The facility involved shall continue to be designated 
        as the Gillis W. Long Hansen's Disease Center.
            (3) The Secretary shall make reasonable efforts to inform 
        the patients of the Center with respect to the planning and 
        carrying out of the relocation.
            (4) In the case of each individual who as of October 1, 
        1996, was a patient of the Center and is considered by the 
        Director of the Center to be a long-term-care patient (referred 
        to in this subsection as an ``eligible patient''), the 
        Secretary shall continue to provide for the long-term care of 
        the eligible patient, without charge, for the remainder of the 
        life of the patient.
            (5)(A) For purposes of paragraph (4), an eligible patient 
        who is legally competent has the following options with respect 
        to support and maintenance and other nonmedical expenses:
                    (i) For the remainder of his or her life, the 
                patient may reside at the Center.
                    (ii) For the remainder of his or her life, the 
                patient may receive payments each year at an annual 
                rate of $33,000 (adjusted in accordance with 
                subparagraphs (C) and (D)), and may not reside at the 
                Center. Payments under this clause are in complete 
                discharge of the obligation of the Federal Government 
                under paragraph (4) for support and maintenance and 
                other nonmedical expenses of the patient.
            (B) The choice by an eligible patient of the option under 
        clause (i) of subparagraph (A) may at any time be revoked by 
        the patient, and the patient may instead choose the option 
        under clause (ii) of such subparagraph. The choice by an 
        eligible patient of the option under such clause (ii) is 
        irrevocable.
            (C) Payments under subparagraph (A)(ii) shall be made on a 
        monthly basis, and shall be pro rated as applicable. In 1999 
        and each subsequent year, the monthly amount of such payments 
        shall be increased by a percentage equal to any percentage 
        increase taking effect under section 215(i) of the Social 
        Security Act (relating to a cost-of-living increase) for 
        benefits under title II of such Act (relating to Federal old-
        age, survivors, and disability insurance benefits). Any such 
        percentage increase in monthly payments under subparagraph 
        (A)(ii) shall take effect in the same month as the percentage 
        increase under such section 215(i) takes effect.
            (D) With respect to the provision of outpatient and 
        inpatient medical care for Hansen's disease and related 
        complications to an eligible patient:
                    (i) The choice the patient makes under subparagraph 
                (A) does not affect the responsibility of the Secretary 
                for providing to the patient such care at or through 
                the Center.
                    (ii) If the patient chooses the option under 
                subparagraph (A)(ii) and receives inpatient care at or 
                through the Center, the Secretary may reduce the amount 
                of payments under such subparagraph, except to the 
                extent that reimbursement for the expenses of such care 
                is available to the provider of the care through the 
                program under title XVIII of the Social Security Act or 
                the program under title XIX of such Act. Any such 
                reduction shall be made on the basis of the number of 
                days for which the patient received the inpatient care.
            (6) The Secretary shall provide to each eligible patient 
        such information and time as may be necessary for the patient 
        to make an informed decision regarding the options under 
        paragraph (5)(A).
            (7) After the date of the enactment of this Act, the Center 
        may not provide long-term care for any individual who as of 
        such date was not receiving such care as a patient of the 
        Center.
            (8) If upon completion of the projects referred to in 
        subsection (d)(4)(A) there are unobligated balances of amounts 
        appropriated for the projects, such balances are available to 
        the Secretary for expenses relating to the relocation of the 
        Center, except that, if the sum of such balances is in excess 
        of $100,000, such excess is available to the State in 
        accordance with subsection (d)(4)(B). The amounts available to 
        the Secretary pursuant to the preceding sentence are available 
        until expended.
    (g) For purposes of this section:
            (1) The term ``Center'' means the Gillis W. Long Hansen's 
        Disease Center.
            (2) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
            (3) The term ``State'' means the State of Louisiana.
    (h) Section 320 of the Public Health Service Act (42 U.S.C. 247e) 
is amended by striking the section designation and all that follows and 
inserting the following:
    ``Sec. 320. (a)(1) At or through the Gillis W. Long Hansen's 
Disease Center (located in the State of Louisiana), the Secretary shall 
without charge provide short-term care and treatment, including 
outpatient care, for Hansen's disease and related complications to any 
person determined by the Secretary to be in need of such care and 
treatment. The Secretary may not at or through such Center provide 
long-term care for any such disease or complication.
    ``(2) The Center referred to in paragraph (1) shall conduct 
training in the diagnosis and management of Hansen's disease and 
related complications, and shall conduct and promote the coordination 
of research (including clinical research), investigations, 
demonstrations, and studies relating to the causes, diagnosis, 
treatment, control, and prevention of Hansen's disease and other 
mycobacterial diseases and complications related to such diseases. With 
respect to findings made pursuant to the preceding sentence, the Center 
shall conduct training and research in the application of the findings 
to diabetes and other conditions that can result in the loss of sensory 
functions.
    ``(3) Paragraph (1) is subject to section 2 of the Hansen's Disease 
Program Amendments of 1997.
    ``(b) In addition to the Center referred to in subsection (a), the 
Secretary may establish sites regarding persons with Hansen's disease. 
Each such site shall provide for the outpatient care and treatment for 
Hansen's disease and related complications to any person determined by 
the Secretary to be in need of such care and treatment.
    ``(c) The Secretary shall carry out subsections (a) and (b) acting 
through an agency of the Service. For purposes of the preceding 
sentence, the agency designated by the Secretary shall carry out both 
activities relating to the provision of health services and activities 
relating to the conduct of research.
    ``(d) The Secretary shall make payments to the Board of Health of 
the State of Hawaii for the care and treatment (including outpatient 
care) in its facilities of persons suffering from Hansen's disease at a 
rate determined by the Secretary. The rate shall be approximately equal 
to the operating cost per patient of such facilities, except that the 
rate may not exceed the comparable costs per patient with Hansen's 
disease for care and treatment provided by the Center referred to in 
subsection (a). Payments under this subsection are subject to the 
availability of appropriations for such purpose.''.
                                 <all>