§ 225g TITLE 24—HOSPITALS AND ASYLUMS Page 22

by a law enacted by the Congress within the 2-

year period following the date such plan is submitted to the Committee on the District of Columbia of the House of Representatives and the

Committees on Governmental Affairs and Labor

and Human Resources of the Senate. Immediately upon the approval of any such law, the

Secretary shall transfer to the District, without

compensation, all right, title, and interest of

the United States in and to such property in accordance with such approved plan. The real

property, together with the buildings and other

improvements thereon, including personal property 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 District of Columbia Redevelopment Land Agency,

as per plat recorded in the Office of the Surveyor for the District of Columbia, in liber 154

at folio 149 (901 First Street N.W., the J.B. Johnson 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.)

AMENDMENTS

1991—Subsec. (b). Pub. L. 102–150 substituted ‘‘October

1, 1992’’ for ‘‘October 1, 1991’’ and ‘‘2-year’’ for ‘‘twelvemonth’’.

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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 225b of this title.

§ 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 comprehensive 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; responsibility 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 Columbia 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 responsible Federal agency.

(B) Any individual referred to the system for

emergency detention or involuntary commitment after being taken into custody (i) as a direct result of the individual’s action or threat

of action against a Federal official, (ii) as a direct 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 November 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 responsibilities 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 financial transition periods, the District of Columbia 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) of

this section.

(2) Omitted

(d) Shared responsibility for capital improvements

Subject to section 225b(f)(2) of this title, capital improvements to facilities at Saint Elizabeths Hospital authorized during the service coordination period shall be the shared responsibility of the District and the Federal Government 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 Government.

(f) Audit to determine liability of Federal Government for accrued annual leave balances;

authorization of appropriations

(1) After the service coordination period, the

Secretary shall conduct an audit, under generally accepted accounting procedures, to identify

the liability of the Federal Government for accrued annual leave balances for those employees

assumed by the District under the system implementation plan.

(2) There is authorized to be appropriated for

payment by the Federal Government to the District 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 authority of the District of Columbia under any
Page 23 TITLE 24—HOSPITALS AND ASYLUMS § 225h

1So in original. The comma probably should not appear.

2See References in Text note below.

3So in original. Probably should be followed by ‘‘subsection’’.

other statute to collect costs billed by the District of Columbia for mental health services, except 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 responsible for any such claim against the

United States that accrues before October 1,

1987, and the United States shall not compromise or settle any claim resulting in District liability without the consent of the District, which consent shall not be unreasonably

withheld; and

(2) all claims that result in a judgment or

award against Saint Elizabeths Hospital before October 1, 1987.

(Pub. L. 98–621, §9, Nov. 8, 1984, 98 Stat. 3377.)

REFERENCES IN TEXT

Public Law 83–472, referred to in subsec. (d), is act

July 2, 1954, ch. 457, 68 Stat. 434, as amended, known as

the Departments 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 Governmental Reorganization Act (Pub. L. 93–198, title V, Dec.

24, 1973, 87 Stat. 813), which appears as section 47–3406

of Title 47, Taxation and Fiscal Affairs, of the District

of Columbia Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 225b of this title.

§ 225h. Buy American provisions

(a) Applicability

The Mayor shall insure that the requirements

of the Buy American Act of 1933, as amended [41

U.S.C. 10a et seq.], apply to all procurements

made under this subchapter.

(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 violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by

the agreement, the United States Trade Representative shall rescind the waiver of the Buy

American Act [41 U.S.C. 10a et seq.] 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 Government 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 entities 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 [41 U.S.C. 10a et

seq.] was waived pursuant to any agreement described in subsection (a)(2) of this section, 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 entitled ‘‘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.).

(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, material, or supply produced or manufactured in a

foreign country whose government unfairly

maintains in government procurement a significant and persistent pattern or practice of discrimination 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 affixed a label bearing a ‘‘Made in America’’ inscription, 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 subchapter, pursuant to the debarment, suspension,

and ineligibility procedures in subpart 9.4 of

chapter 1 of title 48, Code of Federal Regulations.

(Pub. L. 98–621, §11, as added Pub. L. 102–150,

§4(2), Oct. 31, 1991, 105 Stat. 981.)

REFERENCES IN TEXT

The Buy American Act of 1933, and the Buy American

Act, referred to in subsecs. (a) to (d), is title III of act

Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, known as

the Buy American Act, which is classified generally to

sections 10a, 10b, and 10c of Title 41, Public Contracts.

For complete classification of this Act to the Code, see

Short Title note set out under section 10a of Title 41

and Tables.