24 U.S.C. § 225g — Financing provisions

Page 23 TITLE 24—HOSPITALS AND ASYLUMS § 225g Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States in and to such property in ac- cordance with such approved plan. The real property, together with the buildings and other improvements thereon, including personal prop- erty used in connection therewith, known as the Oxon Cove Park and operated by the National Park Service, Department of the Interior, shall not be transferred under this subchapter. (c) Transfer of J.B. Johnson Building and grounds On October 1, 1985, the Secretary shall transfer to the District, without compensation, all right, title, and interest of the United States to lot 87, square 622, in the subdivision made by the Dis- trict of Columbia Redevelopment Land Agency, as per plat recorded in the Office of the Sur- veyor for the District of Columbia, in liber 154 at folio 149 (901 First Street N.W., the J.B. John- son Building and grounds). (Pub. L. 98–621, § 8, Nov. 8, 1984, 98 Stat. 3377; Pub. L. 102–150, § 3(b), Oct. 31, 1991, 105 Stat. 980.) Editorial Notes AMENDMENTS 1991—Subsec. (b). Pub. L. 102–150 substituted ‘‘October 1, 1992’’ for ‘‘October 1, 1991’’ and ‘‘2-year’’ for ‘‘twelve- month’’. 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. § 225g. Financing provisions (a) Authorization of appropriations There are authorized to be appropriated for grants by the Secretary of Health and Human Services to the District of Columbia comprehen- sive mental health system, $30,000,000 for fiscal year 1988, $24,000,000 for fiscal year 1989, $18,000,000 for fiscal year 1990, and $12,000,000 for fiscal year 1991. (b) Federal agencies; payments to District of costs for treatment of certain patients; re- sponsibility of U.S. for service costs (1) Beginning on October 1, 1987, and in each subsequent fiscal year, the appropriate Federal agency is directed to pay the District of Colum- bia the full costs for the provision of mental health diagnostic and treatment services for the following types of patients: (A) Any individual referred to the system pursuant to a Federal statute or by a respon- sible Federal agency. (B) Any individual referred to the system for emergency detention or involuntary commit- ment after being taken into custody (i) as a di- rect result of the individual’s action or threat of action against a Federal official, (ii) as a di- rect result of the individual’s action or threat of action on the grounds of the White House or of the Capitol, or (iii) under chapter 9 of title 21 of the District of Columbia Code. (C) Any individual referred to the system as a result of a criminal proceeding in a Federal court (including an individual admitted for treatment, observation, and diagnosis and an individual found incompetent to stand trial or found not guilty by reason of insanity). The preceding provisions of this paragraph apply to any individual referred to the system (or to Saint Elizabeths Hospital) before or after No- vember 8, 1984. (2) The responsibility of the United States for the cost of services for individuals described in paragraph (1) shall not affect the treatment re- sponsibilities to the District of Columbia under the Interstate Compact on Mental Health. (c) Financial responsibility during coordination period (1) During the service coordination and the fi- nancial transition periods, the District of Co- lumbia shall gradually assume a greater share of the financial responsibility for the provision of mental health services provided by the system to individuals not described in subsection (b). (2) Omitted (d) Shared responsibility for capital improve- ments Subject to section 225b(f)(2) of this title, cap- ital improvements to facilities at Saint Eliza- beths Hospital authorized during the service co- ordination period shall be the shared responsi- bility of the District and the Federal Govern- ment in accordance with Public Law 83–472. (e) Unassigned liabilities; sole responsibility of Federal Government Pursuant to the financial audit under section 225b(f) of this title, any unassigned liabilities of the Hospital shall be assumed by and shall be the sole responsibility of the Federal Govern- ment. Page 24 TITLE 24—HOSPITALS AND ASYLUMS § 225h 1 So in original. The comma probably should not appear. 2 See References in Text note below. 3 So in original. Probably should be followed by ‘‘subsection’’. (f) Audit to determine liability of Federal Gov- ernment for accrued annual leave balances; authorization of appropriations (1) After the service coordination period, the Secretary shall conduct an audit, under gen- erally accepted accounting procedures, to iden- tify the liability of the Federal Government for accrued annual leave balances for those employ- ees assumed by the District under the system implementation plan. (2) There is authorized to be appropriated for payment by the Federal Government to the Dis- trict an amount equal to the liability identified by such audit. (g) Authority; District; collection of costs for mental health services Nothing in this subchapter shall affect the au- thority of the District of Columbia under any other statute to collect costs billed by the Dis- trict of Columbia for mental health services, ex- cept that payment for the same costs may not be collected from more than one party. (h) Responsibility of United States for certain claims The Government of the United States shall be solely responsible for— (1) all claims and causes of action against Saint Elizabeths Hospital that accrue before October 1, 1987, regardless of the date on which legal proceedings asserting such claims were or may be filed, except that the United States shall, in the case of any tort claim, only be re- sponsible for any such claim against the United States that accrues before October 1, 1987, and the United States shall not com- promise or settle any claim resulting in Dis- trict liability without the consent of the Dis- trict, which consent shall not be unreasonably withheld; and (2) all claims that result in a judgment or award against Saint Elizabeths Hospital be- fore October 1, 1987. (Pub. L. 98–621, § 9, Nov. 8, 1984, 98 Stat. 3377.) Editorial Notes REFERENCES IN TEXT Public Law 83–472, referred to in subsec. (d), is act July 2, 1954, ch. 457, 68 Stat. 434, known as the Depart- ments of Labor, and Health, Education, and Welfare Appropriation Act, 1955. Certain provisions of this Act relating to Saint Elizabeths Hospital and appearing at 68 Stat. 443, were repealed by section 10(d)(2) of Pub. L. 98–621 effective Oct. 1, 1987. For complete classification of this Act to the Code, see Tables. CODIFICATION Subsec. (c)(2) of this section amended section 502 of the District of Columbia Self-Government and Govern- mental Reorganization Act (Pub. L. 93–198, title V, Dec. 24, 1973, 87 Stat. 813), which is not classified to the Code. § 225h. Buy American provisions (a) Applicability The Mayor shall insure that the requirements of the Buy American Act of 1933, as amended, apply to all procurements made under this sub- chapter. (b) Determination by Mayor (1) If the Mayor, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has vio- lated the terms of the agreement by discrimi- nating against certain types of products pro- duced in the United States that are covered by the agreement, the United States Trade Rep- resentative shall rescind the waiver of the Buy American Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any agreement,1 between the United States and a foreign country pursuant to which the head of an agency of the United States Govern- ment has waived the requirements of the Buy American Act with respect to certain products produced in the foreign country. (c) Report to Congress The Mayor shall submit to Congress a report on the amount of purchases from foreign enti- ties under this subchapter from foreign entities in fiscal years 1992 and 1993. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursu- ant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party. (d) ‘‘Buy American Act’’ defined For purposes of this section, the term ‘‘Buy American Act’’ means title III of the Act enti- tled ‘‘An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes’’, approved March 3, 1933 (41 U.S.C. 10a et seq.) 2. (e) Restrictions on contract awards No contract or subcontract made with funds authorized under this subchapter 2 may be awarded for the procurement of an article, ma- terial, or supply produced or manufactured in a foreign country whose government unfairly maintains in government procurement a signifi- cant and persistent pattern or practice of dis- crimination against United States products or services which results in identifiable harm to United States businesses, as identified by the President pursuant to 3 (g)(1)(A) of section 305 of the Trade Agreements Act of 1979 (19 U.S.C. 2515(g)(1)(A)). Any such determination shall be made in accordance with section 305. (f) Prohibition against fraudulent use of ‘‘Made in America’’ labels If it has been finally determined by a court or Federal agency that any person intentionally af- fixed a label bearing a ‘‘Made in America’’ in- scription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, that person shall be ineligible to receive any contract or subcontract under this sub- chapter, pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regula- tions.