24 U.S.C. § 225e — Conditions of employment for former em-

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 Page 22 TITLE 24—HOSPITALS AND ASYLUMS § 225f 1 So in original. Probably should not be capitalized. 1 So in original. Probably should be ‘‘identified’’. Columbia Comprehensive Merit Personnel Act of 1978; (4) have the grade and rate of pay deter- mined in accordance with regulations estab- lished pursuant to title XI of the District of Columbia Comprehensive Merit Personnel Act of 1978, except that no employee shall suffer a loss in the basic rate of pay or in seniority; (5) if applicable, retain a rate of pay includ- ing the physician’s comparability allowance under the provisions of section 5948 of title 5, and continue to receive such allowance under the terms of the then prevailing agreement until its expiration or for a period of 2 years from the date of appointment by the District government, whichever occurs later; (6) be entitled to the same health and life in- surance benefits as are available to District employees in the applicable service; (7) if employed by the Federal Government before January 1, 1984, continue to be covered by the United States Civil Service Retirement System, under chapter 83 of title 5, to the same extent that such retirement system cov- ers District Government 1 employees; and (8) if employed by the Federal Government on or after January 1, 1984, be subject to the retirement system applicable to District gov- ernment employees pursuant to title XXVI, Retirement, of the District of Columbia Gov- ernment Comprehensive Merit Personnel Act of 1978. (b) Exemption from residency requirements An individual appointed to a position in the District government without a break in service, from the retention list, or from the District or Federal agency reemployment priority lists shall be exempt from the residency require- ments of title VIII of the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (c) Compensation; work related injuries An individual receiving compensation for work injuries pursuant to chapter 81 of title 5 shall— (1) continue to have the claims adjudicated and the related costs paid by the Federal Gov- ernment until such individual recovers and re- turns to duty; (2) if medically recovered and returned to duty, have any subsequent claim for the recur- rence of the disability determined and paid under the provisions of title XXIII of the Dis- trict of Columbia Comprehensive Merit Per- sonnel Act of 1978. (d) Actions by District against individuals ac- cepting employment The District government may initiate or con- tinue an action against an individual who ac- cepts employment under section 225d(c) of this title for cause related to events that occur prior to the end of the service coordination period. Any such action shall be conducted in accord- ance with such Federal laws and regulations under which action would have been conducted had the assumption of function by the District not occurred. (e) Commissioned public health service officers Commissioned public health service officers detailed to the District of Columbia mental health system shall not be considered employees for purposes of any full-time employee equiva- lency total of the Department of Health and Human Services. (f) Former patient employees For purposes of this section, Hospital employ- ees shall include former patient employees occu- pying career positions at the Hospital. (Pub. L. 98–621, § 7, Nov. 8, 1984, 98 Stat. 3375.) Editorial Notes REFERENCES IN TEXT The District of Columbia Government Comprehensive Merit Personnel Act of 1978, referred to in subsecs. (a)(1), (3), (4), (8), (b), and (c)(2), is D.C. Law 2–139, Mar. 3, 1979, which is not classified to the Code. § 225f. Property transfer (a) Authority of Secretary; exclusion of certain real property (1) Except as provided in paragraph (2), on Oc- tober 1, 1987, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States in all real property at Saint Elizabeths Hospital in the Dis- trict of Columbia together with any buildings, improvements, and personal property used in connection with such property needed to provide mental health and other services provided by the Department of Human Services indentified 1 pursuant to section 225b(c)(7) of this title. (2) Such real property as is identified by the Secretary by September 30, 1987, as necessary to Federal mental health programs at Saint Eliza- beths Hospital under section 225(b)(5) of this title shall not be transferred under this sub- section. (b) Preparation of master plan; consultation; ap- proval; property transfer; exclusion of Oxon Cove Park On or before October 1, 1992, the Mayor shall prepare, and submit to the Committee on the District of Columbia of the House of Representa- tives and the Committees on Governmental Af- fairs and Labor and Human Resources of the Senate, a master plan, not inconsistent with the comprehensive plan for the National Capital, for the use of all real property, buildings, improve- ments, and personal property comprising Saint Elizabeths Hospital in the District of Columbia not transferred or excluded pursuant to sub- section (a) of this section. In developing such plan, the Mayor shall consult with, and provide an opportunity for review by, appropriate Fed- eral, regional, and local agencies. Such master plan submitted by the Mayor shall be approved by a law enacted by the Congress within the 2- year period following the date such plan is sub- mitted to the Committee on the District of Co- lumbia of the House of Representatives and the Committees on Governmental Affairs and Labor and Human Resources of the Senate. Imme- diately upon the approval of any such law, the