Page 21 TITLE 24—HOSPITALS AND ASYLUMS § 225f

1So in original. Probably should not be capitalized. 1So in original. Probably should be ‘‘identified’’.

ances pursuant to title XII of the District of

Columbia Comprehensive Merit Personnel Act

of 1978 [D.C. Code, §1–613.1 et seq.];

(4) have the grade and rate of pay determined in accordance with regulations established pursuant to title XI of the District of

Columbia Comprehensive Merit Personnel Act

of 1978 [D.C. Code, §1.612.1 et seq.], 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 including 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 insurance 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 covers 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 government employees pursuant to title XXVI,

Retirement, of the District of Columbia Government Comprehensive Merit Personnel Act

of 1978 [D.C. Code, §1–627.1 et seq.].

(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 requirements of title VIII of the District of Columbia

Government Comprehensive Merit Personnel

Act of 1978 [D.C. Code, §1–608.1 et seq.].

(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 Government until such individual recovers and returns to duty;

(2) if medically recovered and returned to

duty, have any subsequent claim for the recurrence of the disability determined and paid

under the provisions of title XXIII of the District of Columbia Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1–624.1 et seq.].

(d) Actions by District against individuals accepting employment

The District government may initiate or continue an action against an individual who accepts 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 accordance 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 equivalency total of the Department of Health and

Human Services.

(f) Former patient employees

For purposes of this section, Hospital employees shall include former patient employees occupying career positions at the Hospital.

(Pub. L. 98–621, §7, Nov. 8, 1984, 98 Stat. 3375.)

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), is D.C. Law 2–139, Mar. 3,

1979, appears in chapter 6 (§1–601.1 et seq.) of Title 1,

Administration, of the District of Columbia Code.

Titles XII, XI, XXVI, and VIII and XXIII of the District

of Columbia Comprehensive Merit Personnel Act of 1978

appear in subchapters XIII (§1–613.1 et seq.), XII

(§1–612.1 et seq.), XXVII (§1–627.1 et seq.), VIII (§1–608.1),

and XXIV (§1–624.1 et seq.), respectively, of chapter 6 of

Title 1.

§ 225f. Property transfer

(a) Authority of Secretary; exclusion of certain

real property

(1) Except as provided in paragraph (2), on October 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 District 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 Elizabeths Hospital under section 225(b)(5) of this

title shall not be transferred under this subsection.

(b) Preparation of master plan; consultation; approval; 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 Representatives and the Committees on Governmental Affairs 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, improvements, and personal property comprising Saint

Elizabeths Hospital in the District of Columbia

not transferred or excluded pursuant to subsection (a) of this section. In developing such

plan, the Mayor shall consult with, and provide

an opportunity for review by, appropriate Federal, regional, and local agencies. Such master

plan submitted by the Mayor shall be approved
§ 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