24 U.S.C. § 225d — Transition provisions for employees of

Page 20 TITLE 24—HOSPITALS AND ASYLUMS § 225c EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. ABOLITION OF HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on the District of Columbia treated as referring to Committee on Government Reform and Oversight of House of Representatives, see section 1(b) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hun- dred Sixth Congress, Jan. 6, 1999. Committee on Gov- ernment Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Rep- resentatives changed to Committee on Oversight and Reform of House of Representatives by House Resolu- tion No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Con- gress, Jan. 9, 2023. TERMINATION OF CLAIMS Pub. L. 109–396, title I, § 102, Dec. 15, 2006, 120 Stat. 2712, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, the United States is not required to per- form, or to reimburse the District of Columbia for the cost of performing, any of the following services: ‘‘(1) Repairs or renovations pursuant to section 4(f) of the Saint Elizabeths Hospital and District of Co- lumbia Mental Health Services Act (24 U.S.C. 225b(f); sec. 44–903(f), D.C. Official Code). ‘‘(2) Preservation, maintenance, or repairs pursuant to a use permit executed on September 30, 1987, under which the United States (acting through the Sec- retary of Health and Human Services) granted per- mission to the District of Columbia to use and occupy portions of the Saint Elizabeths Hospital property known as the ‘West Campus’. ‘‘(3) Mental health diagnostic and treatment serv- ices for referrals as described in section 9(b) of the Saint Elizabeths Hospital and District of Columbia Mental Health Services Act (24 U.S.C. 225g(b); sec. 44–908(b), D.C. Official Code), but only with respect to services provided on or before the date of the enact- ment of this Act [Dec. 15, 2006]. ‘‘(b) EFFECT ON PENDING CLAIMS.—Any claim of the District of Columbia against the United States for the failure to perform, or to reimburse the District of Co- lumbia for the cost of performing, any service described in subsection (a) which is pending as of the date of the enactment of this Act shall be extinguished and termi- nated.’’ § 225c. Congressional review of system implemen- tation plan (a) The Committee on the District of Columbia of the House of Representatives and the Com- mittee on Labor and Human Resources and the Committee on Governmental Affairs of the Sen- ate shall review the preliminary system imple- mentation plan transmitted by the Mayor pur- suant to section 225b of this title to determine the extent of its compliance with the provisions of section 225(b) of this title and section 225b of this title, and transmit written recommenda- tions regarding any revisions to the preliminary plan to the Mayor not later than 60 days after receipt of such plan. (b) The Committee on the District of Columbia of the House of Representatives and the Com- mittee on Labor and Human Resources and the Committee on Governmental Affairs of the Sen- ate shall, within 90 days of submission of the final system implementation plan by the Mayor pursuant to section 225b of this title, review such plan to determine the extent to which it is in compliance with the provisions of section 225(b) of this title and section 225b of this title. (Pub. L. 98–621, § 5, Nov. 8, 1984, 98 Stat. 3374.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. ABOLITION OF HOUSE COMMITTEE ON THE DISTRICT OF COLUMBIA Committee on the District of Columbia of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on the District of Columbia treated as referring to Committee on Government Reform and Oversight of House of Representatives, see section 1(b) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hun- dred Sixth Congress, Jan. 6, 1999. Committee on Gov- ernment Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Rep- resentatives changed to Committee on Oversight and Reform of House of Representatives by House Resolu- tion No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Con- gress, Jan. 9, 2023. § 225d. Transition provisions for employees of Hospital (a) Retirement opportunity Employees of the Hospital directly affected by the assumption of programs and functions by the District government who meet the require- ments for immediate retirement under the pro- visions of section 8336(d) of title 5 shall be ac- corded the opportunity to retire during the 30- day period prior to the assumption of such pro- grams and functions. (b) Specific number and types of positions; trans- fer to District employment (1) The system implementation plan shall pre- scribe the specific number and types of positions Page 21 TITLE 24—HOSPITALS AND ASYLUMS § 225e needed by the District government at the end of the service coordination period. (2) Notwithstanding section 3503 of title 5, em- ployees of the Hospital shall only be transferred to District employment under the provisions of this section. (c) Retention list; reemployment priority list; right-of-first-refusal; retention registers; em- ployee appeals (1) While on the retention list or the District or Federal agency reemployment priority list, the system implementation plan shall provide to Hospital employees a right-of-first-refusal to District employment in positions for which such employees may qualify, (A) created under the system implementation plan in the comprehen- sive District mental health system, (B) available under the Department of Human Services of the District, and (C) available at the District of Co- lumbia General Hospital. (2) In accordance with Federal regulations, the Secretary shall establish retention registers of Hospital employees and provide such retention registers to the District government. Employ- ment in positions identified in the system im- plementation plan under subsection (b) shall be offered to Hospital employees by the District government according to each such employee’s relative standing on the retention registers. (3) Employee appeals concerning the retention registers established by the Secretary shall be in accordance with Federal regulations. (4) Employee appeals concerning employment offers by the District shall be in accordance with the District of Columbia Government Com- prehensive Merit Personnel Act of 1978. (d) Federal agency reemployment priority list; right-of-first-refusal; Department of Health and Human Services; separation; mainte- nance of lists; District agency reemployment priority list; refusal of employment offer; ac- ceptance of nontemporary employment (1) Notwithstanding any other provision of law, employees of the Hospital, while on the Federal agency reemployment priority list, shall have a right-of-first-refusal to employment in comparable available positions for which they qualify within the Department of Health and Human Services in the Washington metropoli- tan area. (2) If necessary to separate employees of the Hospital from Federal employment, such em- ployees may be separated only under Federal re- duction-in-force procedures. (3) A Federal agency reemployment priority list and a displaced employees program shall be maintained for employees of the Hospital by the Secretary and the Office of Personnel Manage- ment in accordance with Federal regulations for Federal employees separated by reduction-in- force procedures. (4) The Mayor shall create and maintain, in consultation with the Secretary, a District agency reemployment priority list of those em- ployees of the Hospital on the retention reg- isters who are not offered employment under subsection (c). Individuals who refuse an offer of employment under subsection (c) shall be ineli- gible for inclusion on the District agency reem- ployment priority list. Such reemployment pri- ority list shall be administered in accordance with procedures established pursuant to the Dis- trict of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–139). (5) Acceptance of nontemporary employment as a result of referral from any retention list or agency reemployment priority list shall auto- matically terminate an individual’s severance pay as of the effective date of such employment. (e) Contracts; mental health services; pref- erences Any contract entered into by the District of Columbia for the provision of mental health services formerly provided by or at the Hospital shall require the contractor or provider, in fill- ing new positions created to perform under the contract, to give preference to qualified can- didates on the District agency reemployment priority list created pursuant to subsection (d) of this section. An individual who is offered non- temporary employment with a contractor shall have his or her name remain on the District agency reemployment priority list under sub- section (d) for not more than 24 months from the date of acceptance of such employment. (Pub. L. 98–621, § 6, Nov. 8, 1984, 98 Stat. 3374.) Editorial Notes REFERENCES IN TEXT The District of Columbia Government Comprehensive Merit Personnel Act of 1978, referred to in subsecs. (c)(4) and (d)(4), is D.C. Law 2–139, Mar. 3, 1979, which is not classified to the Code. Statutory Notes and Related Subsidiaries CONTINUED COVERAGE UNDER CERTAIN FEDERAL EM- PLOYEE BENEFITS PROGRAMS FOR CERTAIN EMPLOY- EES OF SAINT ELIZABETHS HOSPITAL For provisions relating to treatment of certain Fed- eral employees of Saint Elizabeths Hospital under cer- tain Federal employee benefit programs, see section 207(o) of Pub. L. 99–335, set out as a note under section 8331 of Title 5, Government Organization and Employ- ees. § 225e. Conditions of employment for former em- ployees of Hospital (a) Individuals accepting employment; without service breaks Each individual accepting employment with- out a break in service with the District govern- ment pursuant to section 225d of this title shall— (1) except as specifically provided in this subchapter, be required to meet all District qualifications other than licensure require- ments for appointment required of other can- didates, and shall become District employees in the comparable District service subject to the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, and all other statutes and regula- tions governing District personnel; (2) meet all licensure requirements within 18 months of appointment by the District gov- ernment; (3) notwithstanding chapter 63 of title 5, transfer accrued annual and sick leave bal- ances pursuant to title XII of the District of