H. R. 2264—24
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 deter-
mines 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 pur-
poses 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 con-
tracts, conveyances of real or personal property, or other trans-
actions 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 unre-
stricted 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 subpara-
graph (A) there are any unobligated balances of amounts appro-
priated 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 renova-
tion 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-
H. R. 2264—25
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 trans-
ferred property as of the date of the transfer, the Federal
Government will after the transfer retain title to and respon-
sibility for the products, and the State will not require that
the Federal Government remove the products from the trans-
ferred 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 prop-
erty, and the position with the State will provide compensa-
tion and benefits that are similar to the compensation
and benefits provided for such most recent position, subject
to the concurrence of the Governor of the State.
(B) If the individual becomes an employee of the State
pursuant to subparagraph (A), the State will make pay-
ments in accordance with subsection (e)(2)(B) (relating to
disability), as applicable with respect to the individual.
(7) The Federal Government may, consistent with the
intended uses by the State of the transferred property, carry
out at such property activities regarding at-risk youth.
(8) 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
H. R. 2264—26
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 cov-
erage (during the applicable period of time under such subpara-
graph), 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 differen-
tial under section 208(e) of the Public Health Service Act or 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, then 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 90-day
period beginning on the date of the transfer.
(B) If the individual is not eligible for such an annuity
as of the date of the transfer under subsection (b) but subse-
quently does become eligible, then once the individual separates
from the service and thereby becomes entitled to receive the
annuity, the pay differential shall be included in the computa-
tion of the annuity if the individual separated from the service
not later than the expiration of the 90-day period beginning
on the date on which the individual first became eligible for
the annuity.
(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 enact-
ment 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 208(e) of the Public Health Service Act or under
section 5545(d) of title 5, United States Code:
(A) During the calendar years 1997 and 1998, the Secretary
may in accordance with this paragraph provide to any such
individual a voluntary separation incentive payment. The pur-
pose 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 calendar year 1997, any payment under
subparagraph (A) shall be made under section 663 of the Treas-
ury, 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.
H. R. 2264—27
(C) During calendar 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 pur-
poses 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 com-
plications to an eligible patient: