IIA

103D CONGRESS

1ST SESSION H. R. 490

IN THE SENATE OF THE UNITED STATES

MARCH 10 (legislative day, MARCH 3), 1993

Received; read twice and referred to the Committee on Governmental Affairs

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. CONVEYANCE OF LAND.

2 (a) ADMINISTRATOR OF GENERAL SERVICES.—Sub3 ject to sections 2 and 4, the Administrator of General

4 Services (hereinafter in this Act referred to as the ‘‘Ad5 ministrator’’) shall convey, for $12,800,000 to be paid in

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

7 and other consideration required by this Act, to the Co8 lumbia Hospital for Women (formerly Columbia Hospital

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

10 referred to as ‘‘Columbia Hospital’’), located in Washing11 ton, District of Columbia, all right, title, and interest of

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

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

14 together with all improvements thereon and appurtenances

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

16 for the construction by Columbia Hospital of a facility to

17 house the National Women’s Health Resource Center

18 (hereinafter in this Act referred to as the ‘‘Resource Cen19 ter’’), as described in the Certificate of Need issued for

20 the Resource Center in conformance with District of Co21 lumbia law and in effect on the date of conveyance.

22 (b) PROPERTY DESCRIPTION.—The land referred to

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

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

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

26 the land records of the District of Columbia, and is that
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1 portion of square numbered 25 in the city of Washington

2 in the District of Columbia which was not previously con3 veyed to such hospital by the Act of June 28, 1952 (Public

4 Law 82–423). Such property is more particularly de5 scribed as square 25, lot 803, or as follows: all that piece

6 or parcel of land situated and lying in the city of Washing7 ton in the District of Columbia and known as part of

8 square numbered 25, as laid down and distinguished on

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

10 same at the northeast corner of the square being the cor11 ner formed by the intersection of the west line of Twenty12 fourth Street Northwest, with the south line of north M

13 Street Northwest and running thence south with the line

14 of said Twenty-fourth Street Northwest for the distance

15 of two hundred and thirty-one feet ten inches, thence run16 ning west and parallel with said M Street Northwest for

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

18 running thence north and parallel with the line of said

19 Twenty-fourth Street Northwest for the distance of two

20 hundred and thirty-one feet ten inches to the line of said

21 M Street Northwest and running thence east with the line

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

23 hundred and thirty feet and six inches together with all

24 the improvements, ways, easements, rights, privileges, and
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1 appurtenances to the same belonging or in anywise

2 appertaining.

3 (c) DATE OF CONVEYANCE.—

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

5 property required under subsection (a) shall be the

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

7 Administrator of written notification from Columbia

8 Hospital that the hospital needs such property for

9 use as a site to provide housing for the Resource

10 Center.

11 (2) DEADLINE FOR SUBMISSION OF NOTIFICA12 TION.—A written notification of need from Columbia

13 Hospital shall not be effective for purposes of sub14 section (a) and paragraph (1) unless the notification

15 is received by the Administrator before the date

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

17 this Act.

18 (d) CONVEYANCE TERMS.—

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

20 required under subsection (a) shall be subject to

21 such terms and conditions as may be determined by

22 the Administrator to be necessary to safeguard the

23 interests of the United States. Such terms and con24 ditions shall be consistent with the terms and condi25 tions set forth in this Act.
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1 (2) PAYMENT OF PURCHASE PRICE.—Columbia

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

3 in full by not later than the date of conveyance

4 under subsection (c).

5 (3) QUITCLAIM DEED.—Any conveyance of

6 property to Columbia Hospital under this Act shall

7 be by quitclaim deed.

8 (e) TREATMENT OF AMOUNTS RECEIVED.—Amounts

9 received by the United States as payment under this Act

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

11 the fund established by section 210(f) of the Federal Prop12 erty and Administrative Services Act of 1949 (40 U.S.C.

13 490(f)).

14 SEC. 2. LIMITATION ON CONVEYANCE.

15 No part of any land conveyed under section 1 may

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

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

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

19 Center and any necessary related appurtenances to that

20 facility.

21 SEC. 3. SATELLITE HEALTH CENTERS.

22 (a) REQUIREMENT.—

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

24 the date of the conveyance under section 1, Colum25 bia Hospital, after consultation with the District of
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1 Columbia Commission of Public Health and the Dis2 trict of Columbia State Health Planning and Devel3 opment Agency, shall establish, maintain, and oper4 ate 3 satellite health centers.

5 (2) PERSONS TO BE SERVED.—One of the sat6 ellite health centers shall provide comprehensive

7 health and counseling services exclusively for teenage

8 women and their children. The other 2 satellite

9 health centers shall provide comprehensive health

10 and counseling services for women (including teen11 age women) and their children.

12 (3) LOCATION.—The satellite health centers

13 shall be located in areas of the District of Columbia

14 in which the District of Columbia Department of

15 Public Health has determined that the need for com16 prehensive health and counseling services provided

17 by the centers is the greatest. In locating such cen18 ters, special consideration shall be given to the areas

19 of the District with the highest rates of infant death

20 and births by teenagers.

21 (b) COMPREHENSIVE HEALTH AND COUNSELING

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

23 counseling services include—

24 (1) examination of women;
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1 (2) medical treatment and counseling of women,

2 including prenatal and postnatal services;

3 (3) treatment and counseling of substance

4 abusers and those who are at risk of substance

5 abuse;

6 (4) health promotion and disease prevention

7 services;

8 (5) physician and hospital referral services; and

9 (6) extended and flexible hours of service.

10 (c) REQUIRED CONSIDERATION.—The establishment,

11 operation, and maintenance of satellite health centers by

12 Columbia Hospital in accordance with this section shall

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

14 conveyance under section 1.

15 SEC. 4. REVERSIONARY INTEREST.

16 (a) IN GENERAL.—The property conveyed under sec17 tion 1 shall revert to the United States—

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

19 of such conveyance if Columbia Hospital is not oper20 ating the Resource Center on such property; and

21 (2) on any date in the 30-year period beginning

22 on the date of such conveyance, on which the prop23 erty is used for a purpose other than that referred

24 to in section 2.
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1 (b) REPAYMENT.—If property reverts to the United

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

3 to Columbia Hospital, from amounts otherwise appro4 priated from the fund established by section 210(f) of the

5 Federal Property and Administrative Services Act of 1949

6 (40 U.S.C. 490(f)), an amount equal to all sums received

7 by the United States as payments for the conveyance

8 under section 1, without interest on such amount.

9 (c) ENFORCING REVERSION.—The Administrator

10 shall perform all acts necessary to enforce any reversion

11 of property to the United States under this section.

12 (d) INVENTORY OF PUBLIC BUILDINGS SERVICE.—

13 Property that reverts to the United States under this sec14 tion—

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

16 Services Administration; and

17 (2) shall be assigned by the Administrator to

18 the inventory of the Public Buildings Service.

19 SEC. 5. DAMAGES.

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

21 year in the 26-year period beginning on the date which

22 is 4 years after the date of conveyance under section

23 1(c)(1), in which Columbia Hospital does not operate 3

24 satellite health centers in accordance with section 3 for

25 a period of more than 60 days, the Columbia Hospital
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1 shall be liable to the United States for damages in an

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

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

4 under section 4.

5 (b) LIMITATION IN DAMAGES.—The maximum

6 amount of damages for which Columbia Hospital may be

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

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

9 damages specified in subsection (a) and the maximum

10 amount of damages specified in subsection (b) shall be ad11 justed biennially to reflect changes in the consumer price

12 index that have occurred since the date of the enactment

13 of this Act.

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

15 Columbia Hospital to operate a satellite health center in

16 accordance with section 3, the Administrator may—

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

18 or

19 (2) waive all or any part of damages recover20 able under this section for that failure, if the Admin21 istrator—

22 (A) determines the failure is caused by ex23 ceptional circumstances; and

24 (B) submits a statement to the District of

25 Columbia Commission of Public Health and the
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1 Congress, that sets forth the reasons for the de2 termination.

3 (e) CONVEYANCE DOCUMENTS.—The Administrator

4 shall include in the documents for any conveyance under

5 this Act appropriate provisions to—

6 (1) ensure that payment of damages under this

7 section is a contractual obligation of Columbia Hos8 pital; and

9 (2) require the Administrator to provide to Co10 lumbia Hospital notice and an opportunity to re11 spond before the Administrator seeks to recover such

12 damages.

13 SEC. 6. REPORTS.

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

15 date of the conveyance under section 1, Columbia Hospital

16 shall submit to the Administrator, the appropriate com17 mittees of the Congress, and the Comptroller General of

18 the United States annual reports on the establishment,

19 maintenance, and operation of the Resource Center and

20 the satellite health centers.

21 SEC. 7. MEMBER INSTITUTES.

22 The Resource Center should—

23 (1) include among its outreach activities the es24 tablishment of formal linkages with no less than 6

25 universities or health centers throughout the Nation,
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1 to be known as ‘‘member institutes’’ in furtherance

2 of the purposes of the Resource Center; and

3 (2) provide national notice of the opportunity

4 such entities have to participate in programs and ac5 tivities of the Resource Center.

Passed the House of Representatives March 9,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.