I

103D CONGRESS

1ST SESSION H. R. 490

To provide for the conveyance of certain lands and improvements in Washington, District of Columbia, to the Columbia Hospital for Women to

provide a site for the construction of a facility to house the National

Women’s Health Resource Center.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 20, 1993

Mr. TRAFICANT (for himself, Mr. MINETA, Mr. STARK, and Ms. NORTON) introduced the following bill; which was referred jointly to the Committees

on the District of Columbia, Government Operations, and Public Works

and Transportation

MARCH 3, 1993

Additional sponsors: Mr. DORNAN, Mr. HUTTO, Mr. MCDERMOTT, Mr.

FLAKE, Mrs. BYRNE, Mr. FRANK of Massachusetts, Mr. MCHUGH, Mrs.

MEEK, Mr. SANDERS, Ms. SNOWE, Mrs. MORELLA, Mr. CLYBURN, Ms.

WOOLSEY, Mr. APPLEGATE, Mr. COLEMAN, Ms. E.B. JOHNSON of Texas,

Ms. BROWN of Florida, Mr. CARDIN, Mr. LEVIN, Ms. MOLINARI, Ms.

DANNER, Ms. PELOSI, Mr. RAHALL, Mrs. LLOYD, Mrs. SCHROEDER, Ms.

SHEPHERD, Mr. TUCKER, Mr. OBERSTAR, Mr. SCHUMER, Mr. VALENTINE, Mrs. COLLINS of Illinois, Mrs. VUCANOVICH, Mr. FAZIO, Mr. DELLUMS, Mr. MORAN, Mr. PETERSON of Florida, Mr. CONYERS, Mr.

FROST, Mr. EVANS, Miss COLLINS of Michigan, Mr. BARRETT of Wisconsin, Mr. RUSH, Mr. FILNER, Mr. BONIOR, Ms. MARGOLIES-MEZVINSKY,

Mr. COX, Mrs. CLAYTON, Mr. HOYER, Mr. HINCHEY, Mr. EMERSON,

Mrs. KENNELLY, Mr. LAFALCE, Ms. DELAURO, Ms. DUNN, Ms.

CANTWELL, and Mr. WYNN

A BILL

To provide for the conveyance of certain lands and improvements in Washington, District of Columbia, to the Columbia Hospital for Women to provide a site for the
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construction of a facility to house the National Women’s

Health Resource Center.

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

3 SECTION 1. CONVEYANCE OF LAND.

4 (a) ADMINISTRATOR OF GENERAL SERVICES.—Sub5 ject to sections 2 and 4, the Administrator of General

6 Services (hereinafter in this Act referred to as the ‘‘Ad7 ministrator’’) shall convey, for $12,800,000 to be paid in

8 accordance with the terms set forth in subsection (d)(2)

9 and other consideration required by this Act, to the Co10 lumbia Hospital for Women (formerly Columbia Hospital

11 for Women and Lying-in Asylum; hereinafter in this Act

12 referred to as ‘‘Columbia Hospital’’), located in Washing13 ton, District of Columbia, all right, title, and interest of

14 the United States in and to those pieces or parcels of land

15 in the District of Columbia, described in subsection (b),

16 together with all improvements thereon and appurtenances

17 thereto. The purpose of the conveyance is to provide a site

18 for the construction by Columbia Hospital of a facility to

19 house the National Women’s Health Resource Center

20 (hereinafter in this Act referred to as the ‘‘Resource Cen21 ter’’), as described in the Certificate of Need issued for

22 the Resource Center in conformance with District of Co23 lumbia law and in effect on the date of conveyance.
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1 (b) PROPERTY DESCRIPTION.—The land referred to

2 in subsection (a) was conveyed to the United States of

3 America by deed dated May 2, 1888, from David

4 Fergusson, widower, recorded in liber 1314, folio 102, of

5 the land records of the District of Columbia, and is that

6 portion of square numbered 25 in the city of Washington

7 in the District of Columbia which was not previously con8 veyed to such hospital by the Act of June 28, 1952 (Public

9 Law 82–423). Such property is more particularly de10 scribed as square 25, lot 803, or as follows: all that piece

11 or parcel of land situated and lying in the city of Washing12 ton in the District of Columbia and known as part of

13 square numbered 25, as laid down and distinguished on

14 the plat or plan of said city as follows: beginning for the

15 same at the northeast corner of the square being the cor16 ner formed by the intersection of the west line of Twenty17 fourth Street Northwest, with the south line of north M

18 Street Northwest and running thence south with the line

19 of said Twenty-fourth Street Northwest for the distance

20 of two hundred and thirty-one feet ten inches, thence run21 ning west and parallel with said M Street Northwest for

22 the distance of two hundred and thirty feet six inches and

23 running thence north and parallel with the line of said

24 Twenty-fourth Street Northwest for the distance of two

25 hundred and thirty-one feet ten inches to the line of said
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1 M Street Northwest and running thence east with the line

2 of said M Street Northwest to the place of beginning two

3 hundred and thirty feet and six inches together with all

4 the improvements, ways, easements, rights, privileges, and

5 appurtenances to the same belonging or in anywise apper6 taining.

7 (c) DATE OF CONVEYANCE.—

8 (1) DATE.—The date of the conveyance of

9 property required under subsection (a) shall be the

10 date which is 1 year after the date of receipt by the

11 Administrator of written notification from Columbia

12 Hospital that the hospital needs such property for

13 use as a site to provide housing for the Resource

14 Center.

15 (2) DEADLINE FOR SUBMISSION OF NOTIFICA16 TION.—A written notification of need from Columbia

17 Hospital shall not be effective for purposes of sub18 section (a) and paragraph (1) unless the notification

19 is received by the Administrator before the date

20 which is 1 year after the date of the enactment of

21 this Act.

22 (d) CONVEYANCE TERMS.—

23 (1) IN GENERAL.—The conveyance of property

24 required under subsection (a) shall be subject to

25 such terms and conditions as may be determined by
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1 the Administrator to be necessary to safeguard the

2 interests of the United States. Such terms and con3 ditions shall be consistent with the terms and condi4 tions set forth in this Act.

5 (2) PAYMENT OF PURCHASE PRICE.—Columbia

6 Hospital shall pay the $12,800,000 purchase price

7 in full by not later than the date of conveyance

8 under subsection (c).

9 (3) QUITCLAIM DEED.—Any conveyance of

10 property to Columbia Hospital under this Act shall

11 be by quitclaim deed.

12 (e) TREATMENT OF AMOUNTS RECEIVED.—Amounts

13 received by the United States as payment under this Act

14 shall be paid into, administered, and expended as part of

15 the fund established by section 210(f) of the Federal Prop16 erty and Administrative Services Act of 1949 (40 U.S.C.

17 490(f)).

18 SEC. 2. LIMITATION ON CONVEYANCE.

19 No part of any land conveyed under section 1 may

20 be used, during the 30-year period beginning on the date

21 of conveyance under section 1(c)(1), for any purpose other

22 than to provide a site for a facility to house the Resource

23 Center and any necessary related appurtenances to that

24 facility.
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1 SEC. 3. SATELLITE HEALTH CENTERS.

2 (a) REQUIREMENT.—

3 (1) IN GENERAL.—Not later than 4 years after

4 the date of the conveyance under section 1, Colum5 bia Hospital, after consultation with the District of

6 Columbia Commission of Public Health and the Dis7 trict of Columbia State Health Planning and Devel8 opment Agency, shall establish, maintain, and oper9 ate 3 satellite health centers.

10 (2) PERSONS TO BE SERVED.—One of the sat11 ellite health centers shall provide comprehensive

12 health and counseling services exclusively for teenage

13 women and their children. The other 2 satellite

14 health centers shall provide comprehensive health

15 and counseling services for women (including teen16 age women) and their children.

17 (3) LOCATION.—The satellite health centers

18 shall be located in areas of the District of Columbia

19 in which the District of Columbia Department of

20 Public Health has determined that the need for com21 prehensive health and counseling services provided

22 by the centers is the greatest. In locating such cen23 ters, special consideration shall be given to the areas

24 of the District with the highest rates of infant death

25 and births by teenagers.
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1 (b) COMPREHENSIVE HEALTH AND COUNSELING

2 SERVICES.—In subsection (a), comprehensive health and

3 counseling services include—

4 (1) examination of women;

5 (2) medical treatment and counseling of women,

6 including prenatal and postnatal services;

7 (3) treatment and counseling of substance

8 abusers and those who are at risk of substance

9 abuse;

10 (4) health promotion and disease prevention

11 services;

12 (5) physician and hospital referral services; and

13 (6) extended and flexible hours of service.

14 (c) REQUIRED CONSIDERATION.—The establishment,

15 operation, and maintenance of satellite health centers by

16 Columbia Hospital in accordance with this section shall

17 be part of the consideration required by this Act for the

18 conveyance under section 1.

19 SEC. 4. REVERSIONARY INTEREST.

20 (a) IN GENERAL.—The property conveyed under sec21 tion 1 shall revert to the United States—

22 (1) on the date which is 4 years after the date

23 of such conveyance if Columbia Hospital is not oper24 ating the Resource Center on such property; and
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1 (2) on any date in the 30-year period beginning

2 on the date of such conveyance, on which the prop3 erty is used for a purpose other than that referred

4 to in section 2.

5 (b) REPAYMENT.—If property reverts to the United

6 States under subsection (a), the Administrator shall pay

7 to Columbia Hospital, from amounts otherwise appro8 priated from the fund established by section 210(f) of the

9 Federal Property and Administrative Services Act of 1949

10 (40 U.S.C. 490(f)), an amount equal to all sums received

11 by the United States as payments for the conveyance

12 under section 1, without interest on such amount.

13 (c) ENFORCING REVERSION.—The Administrator

14 shall perform all acts necessary to enforce any reversion

15 of property to the United States under this section.

16 (d) INVENTORY OF PUBLIC BUILDINGS SERVICE.—

17 Property that reverts to the United States under this sec18 tion—

19 (1) shall be under the control of the General

20 Services Administration; and

21 (2) shall be assigned by the Administrator to

22 the inventory of the Public Buildings Service.

23 SEC. 5. DAMAGES.

24 (a) DAMAGES.—Subject to subsection (b), for each

25 year in the 26-year period beginning on the date which
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1 is 4 years after the date of conveyance under section

2 1(c)(1), in which Columbia Hospital does not operate 3

3 satellite health centers in accordance with section 3 for

4 a period of more than 60 days, the Columbia Hospital

5 shall be liable to the United States for damages in an

6 amount equal to $200,000, except that this subsection

7 shall not apply after the date of any reversion of property

8 under section 4.

9 (b) LIMITATION IN DAMAGES.—The maximum

10 amount of damages for which Columbia Hospital may be

11 liable under this section shall be $3,000,000.

12 (c) ADJUSTMENTS FOR INFLATION.—The amount of

13 damages specified in subsection (a) and the maximum

14 amount of damages specified in subsection (b) shall be ad15 justed biennially to reflect changes in the consumer price

16 index that have occurred since the date of the enactment

17 of this Act.

18 (d) ASSESSMENT AND WAIVER.—For any failure by

19 Columbia Hospital to operate a satellite health center in

20 accordance with section 3, the Administrator may—

21 (1) seek to recover damages under this section;

22 or

23 (2) waive all or any part of damages recover24 able under this section for that failure, if the Admin25 istrator—
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1 (A) determines the failure is caused by ex2 ceptional circumstances; and

3 (B) submits a statement to the District of

4 Columbia Commission of Public Health and the

5 Congress, that sets forth the reasons for the de6 termination.

7 (e) CONVEYANCE DOCUMENTS.—The Administrator

8 shall include in the documents for any conveyance under

9 this Act appropriate provisions to—

10 (1) ensure that payment of damages under this

11 section is a contractual obligation of Columbia Hos12 pital; and

13 (2) require the Administrator to provide to Co14 lumbia Hospital notice and an opportunity to re15 spond before the Administrator seeks to recover such

16 damages.

17 SEC. 6. REPORTS.

18 During the 5-year period beginning one year after the

19 date of the conveyance under section 1, Columbia Hospital

20 shall submit to the Administrator, the appropriate com21 mittees of the Congress, and the Comptroller General of

22 the United States annual reports on the establishment,

23 maintenance, and operation of the Resource Center and

24 the satellite health centers.

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