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SEC. 205. None of the funds appropriated in this Act
for the National Institutes of Health and the Substance
Abuse and Mental Health Services Administration shall
be used to pay the salary of an individual, through a grant
or other extramural mechanism, at a rate in excess of
$125,000 per year.
SEC. 206. None of the funds appropriated in this Act
may be expended pursuant to section 241 of the Public
Health Service Act, except for funds specifically provided
for in this Act, or for other taps and assessments made
by any office located in the Department of Health and
Human Services, prior to the Secretary’s preparation and
submission of a report to the Committee on Appropria-
tions of the Senate and of the House detailing the planned
uses of such funds.
(TRANSFER OF FUNDS)
SEC. 207. Of the funds appropriated or otherwise
made available for the Department of Health and Human
Services, General Departmental Management, for fiscal
year 1997, the Secretary of Health and Human Services
shall transfer to the Office of the Inspector General such
sums as may be necessary for any expenses with respect
to the provision of security protection for the Secretary
of Health and Human Services.
SEC. 208. None of the funds appropriated in this Act
may be obligated or expended for the Federal Council on
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Aging under the Older Americans Act or the Advisory
Board on Child Abuse and Neglect under the Child Abuse
Prevention and Treatment Act.
(TRANSFER OF FUNDS)
SEC. 209. Not to exceed 1 percent of any discre-
tionary funds (pursuant to the Balanced Budget and
Emergency Deficit Control Act, as amended) which are
appropriated for the current fiscal year for the Depart-
ment of Health and Human Services in this Act may be
transferred between appropriations, but no such appro-
priation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Commit-
tees of both Houses of Congress are notified at least fif-
teen days in advance of any transfer.
(TRANSFER OF FUNDS)
SEC. 210. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes,
centers, and divisions from the total amounts identified
by these two Directors as funding for research pertaining
to the human immunodeficiency virus: Provided, That the
Congress is promptly notified of the transfer.
SEC. 211. None of the funds made available in this
Act may be used by the National Institutes of Health to
provide grants or cooperative agreements under the SBIR
program under section 9(f) of Public Law 85–536 for re-
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search proposals when it is made known to the Federal
official having authority to obligate or expend such funds
that (in the process of technical and scientific peer review
under section 492 of the Public Health Service Act) the
median of the evaluation scores for the proposals in the
review cycle involved is higher than the median of the eval-
uation scores in such review cycle for RO1 proposals.
SEC. 212. EXTENSION OF MORATORIUM.—Section
6408(a)(3) of the Omnibus Budget Reconciliation Act of
1989, as amended by section 13642 of the Omnibus Budg-
et Reconciliation Act of 1993, is amended by striking ‘‘De-
cember 31, 1995’’ and inserting ‘‘December 31, 2000, or
the first day of the first quarter on which the Medigrant
plan for the State of Michigan is effective under title XIX
of such Act.’’.
SEC. 213. (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 relo-
cation of the patients of the Center.
(b)(1) Subject to entering into a contract in accord-
ance with subsection (c), in relocating the Center the Sec-
retary may on behalf of the United States transfer to the
State of Louisiana, without charge, title to the real prop-
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erty and improvements that (as of the date of the enact-
ment 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 satisfac-
tory to the Secretary.
(2) Any conveyance under paragraph (1) is not effec-
tive unless the conveyance specifies that, if the State of
Louisiana engages in a material breach of the contract
under subsection (c), title to the real property and im-
provements involved reverts to the United States at the
election of the Secretary.
(c) The transfer described in subsection (b) may be
made only if, before the transfer is made, the Secretary
and the State enter into a contract whose provisions are
in accordance with 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) (re-
ferred to in this subsection as the ‘‘transferred prop-
erty’’) will be used exclusively for purposes that pro-
mote the health or education of the public, with such
incidental exceptions as the Secretary may approve,
and consistent with the memorandum of understand-
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ing signed June 11, 1996 by the Chancellors of Lou-
isiana State University and Southern University.
(2) For purposes of monitoring the extent to
which the transferred property is being used in ac-
cordance with paragraph (1), the Secretary will have
access to such documents as the Secretary deter-
mines to be necessary, and the Secretary may re-
quire 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 trans-
ferred 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 un-
restricted 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) The Secretary will provide for the continu-
ation at the transferred property of the projects (un-
derway as of the date of the enactment of this Act)
to make repairs and to make energy-related improve-
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ments, subject to the availability of appropriations to
carry out the projects.
(5) The contract disposes of issues regarding
access to the cemetery located on the transferred
property, and the establishment of a museum re-
garding memorabilia relating to the use of the prop-
erty to care for patients with Hansen’s disease.
(6) In the case of each individual who as of the
date of the enactment of this Act is a Federal em-
ployee at the transferred property with management,
engineering, or dietary duties:
(A) The State will provide the individual
with the right of first refusal to an employment
position with the State with substantially the
same type of duties as the individual performed
in his or her most recent position at the trans-
ferred property.
(B) If the individual becomes an employee
of the State pursuant to subparagraph (A), the
State will make payments in accordance with
subsection (d)(3)(B) (relating to disability), as
applicable with respect to the individual.
(7) The contract contains such additional provi-
sions as the Secretary determines to be necessary to
protect the interests of the United States, and the
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Secretary shall have final approval over the terms of
the contract.
(d)(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 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 sub-
section (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 excluded from
the computation of the annuity unless the individual
separated from the service not later than 30 days
after the date on which the transfer was made.
(B) If the individual is not eligible for such an
annuity as of the date of the transfer under sub-
section (b) but subsequently does become eligible,
then once the individual separates from the service
and thereby becomes entitled to receive the annuity,
the pay differential shall be excluded from the com-
putation of the annuity unless the individual sepa-
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rated from the service not later than 30 days after
the date on which the individual first became eligible
for the annuity.
(C) For purposes of this paragraph, the individ-
ual 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.
(3) 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 management, engineering, or dietary duties,
and who becomes an employee of the State pursuant to
subsection (c)(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 is 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 be-
ginning 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
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program for payments during retirement by
reason of disability.
(B) The payments to be made by a State pur-
suant to subsection (c)(6)(B) with respect to the in-
dividual are payments to the Civil Service Retire-
ment and Disability Fund, if the individual is receiv-
ing Federal disability coverage pursuant to subpara-
graph (A). Such payments are to be made in a total
amount equal to that portion of the normal-cost per-
centage (determined through the use of dynamic as-
sumptions) 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 ac-
cordance 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 subpara-
graph (A) of whether the individual is eligible for
Federal disability coverage (during the applicable pe-
riod 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
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service requirement specified in the first sentence of
section 8337(a) or 8451(a)(1)(A) of such title 5
(whichever is applicable).
(e) The following provisions apply if under subsection
(a) the Secretary makes the decision to relocate the Cen-
ter:
(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 Hansens’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 Oc-
tober 1, 1996, is a patient of the Center and is re-
ceiving long-term care (referred to in this subsection
as an ‘‘eligible patient’’), the Secretary shall con-
tinue to provide for the long-term care of the eligible
patient, without charge, for the remainder of the life
of the patient. Of the amounts appropriated for a
fiscal year for the Public Health Service, the Sec-
retary shall make available such amounts as may be
necessary to carry out the preceding sentence.
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(5) Except in the case of an eligible patient for
whom it is not feasible to relocate for purposes of
subsection (c)(3), each eligible patient may make an
irrevocable choice of one of the following long-term
care options:
(A) For the remainder of his or her life,
the patient may reside at the Center.
(B) For the remainder of his or her life,
the patient may elect to receive payments each
year in an annual amount of $33,000 (adjusted
for fiscal year 1998 and each subsequent fiscal
year to the extent necessary to offset inflation
occurring after October 1, 1996), which pay-
ments are in complete discharge of the obliga-
tion of the Federal Government under para-
graph (4). If the individual makes the election
under the preceding sentence, the Federal Gov-
ernment does not under such paragraph have
any responsibilities regarding the daily life of
the patient, other than making such payments.
(6) The Secretary shall provide to each eligible
patient such information and time as may be nec-
essary for the patient to make an informed decision
regarding the options under paragraph (5).
(f) For purposes of this section:
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(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 Lou-
isiana.
(g) Section 320 of the Public Health Service Act (42
U.S.C. 247e) is amended by striking the section designa-
tion and all that follows and inserting the following:
‘‘SEC. 320. (a)(1) At 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 deter-
mined by the Secretary to be in need of such care and
treatment.
‘‘(2) The Center referred to in paragraph (1) shall
conduct training in the diagnosis and management of
Hansen’s disease and conduct and promote the coordina-
tion of research, investigations, demonstrations, and stud-
ies relating to the causes, diagnosis, treatment, control,
and prevention of Hansen’s disease and the complications
of such disease.