I
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 re-
ferred 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Hansen’s Disease Pro-
gram Amendments of 1997’’.
SEC. 2. AUTHORIZATION FOR RELOCATION OF GILLIS W.
LONG HANSEN’S DISEASE CENTER; TRANS-
FER 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 reloca-
tion 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 reloca-
tion 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 sur-
vey satisfactory to the Secretary.
(2) Any conveyance under paragraph (1) is not effec-
tive unless the deed or other instrument of conveyance
contains the conditions specified in subsection (d); the in-
strument 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 improve-
ments 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 appro-
priate, if the Secretary makes the transfer under sub-
section (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 ap-
prove.
(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)(A) With respect to projects to make repairs
and energy-related improvements at the transferred
property, the Secretary will provide for the comple-
tion 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 lo-
cated on the transferred property, will permit indi-
viduals who were long-term-care patients of the Cen-
ter 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 main-
tain 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 trans-
fer, the Federal Government will after the transfer
retain title to and responsibility for the products,
and the State will not require that the Federal Gov-
ernment 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 em-
ployee at the transferred property with facilities
management or dietary duties:
(A) The State will offer the individual an
employment position with the State, the posi-
tion 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 pro-
vide 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 sub-
section (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 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
program for payments during retirement by
reason of disability.
(B) The payments to be made by the State pur-
suant to subsection (d)(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-
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, the following applies:
(i) Once the individual separates from the
service and thereby becomes entitled to receive
the annuity, the pay differential shall be in-
cluded in the computation of the annuity if the
individual separated from the service not later
than the expiration of the 30-day period begin-
ning on the date of the transfer.
(ii) If the individual continues to be em-
ployed at the Center after such 30-day period,
the individual may not receive the pay differen-
tial 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 sub-
section (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 in-
cluded in the computation of the annuity if the
individual separated from the service not later
than the expiration of the 30-day period begin-
ning on the date on which the individual first
became eligible for the annuity.
(ii) If the individual continues to be em-
ployed at the Center after such 30-day period,
the individual may not receive the pay differen-
tial for duty at the Center performed after such
period.
(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.
(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 separa-
tion incentive payment. The purpose of such pay-
ments is to avoid or minimize the need for involun-
tary separations under a reduction in force with re-
spect 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 subpara-
graph (A) to the same extent and in the same man-
ner as such section applied with respect to the pay-
ments 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 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 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 Oc-
tober 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 con-
tinue 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 eligi-
ble patient who is legally competent has the follow-
ing 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 accord-
ance with subparagraphs (C) and (D)), and
may not reside at the Center. Payments under
this clause are in complete discharge of the ob-
ligation of the Federal Government under para-
graph (4) for support and maintenance and
other nonmedical expenses of the patient.
(B) The choice by an eligible patient of the op-
tion 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 Secu-
rity Act (relating to a cost-of-living increase) for
benefits under title II of such Act (relating to Fed-
eral old-age, survivors, and disability insurance bene-
fits). Any such percentage increase in monthly pay-
ments 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 respon-
sibility of the Secretary for providing to the pa-
tient 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 re-
duce the amount of payments under such sub-
paragraph, except to the extent that reimburse-
ment 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 nec-
essary 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 bal-
ances 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 Lou-
isiana.
(h) 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 or through the Gillis W. Long
Hansen’s Disease Center (located in the State of Louisi-
ana), 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 con-
duct and promote the coordination of research (including
clinical research), investigations, demonstrations, and
studies relating to the causes, diagnosis, treatment, con-
trol, 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 func-
tions.
‘‘(3) Paragraph (1) is subject to section 2 of the Han-
sen’s Disease Program Amendments of 1997.
‘‘(b) In addition to the Center referred to in sub-
section (a), the Secretary may establish sites regarding
persons with Hansen’s disease. Each such site shall pro-
vide for the outpatient care and treatment for Hansen’s
disease and related complications to any person deter-
mined 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 pur-
poses 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 deter-
mined 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). Pay-
ments under this subsection are subject to the availability
of appropriations for such purpose.’’.
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