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this Act relating to Saint Elizabeths Hospital and appearing at 68 Stat. 443, were repealed by section 10(d)(2)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.
§§ 231 to 250 TITLE 24—HOSPITALS AND ASYLUMS Page 24

The Trade Agreement Act of 1979, referred to in subsec. (c), probably means the Trade Agreements Act of

1979, Pub. L. 96–39, July 26, 1979, 93 Stat. 144, as amended. For complete classification of this Act to the Code,

see References in Text note set out under section 2501

of Title 19, Customs Duties, and Tables.

This subchapter, referred to in subsec. (e), was in the

original ‘‘this title’’ and was translated as reading

‘‘this Act’’, meaning Pub. L. 98–621, which is classified

principally to this subchapter, to reflect the probable

intent of Congress, because Pub. L. 98–621 does not contain titles.

CHAPTER 5—COLUMBIA INSTITUTION FOR

THE DEAF

§§ 231 to 250. Omitted

CODIFICATION

Sections 231 to 250, relating to Columbia Institution

for the Deaf, were transferred to sections 31–1001 to

31–1020 of the District of Columbia Code and subsequently repealed by acts Aug. 6, 1946, ch. 770, §1(61), 60

Stat. 871; June 18, 1954, ch. 324, §9, 68 Stat. 267; Dec. 24,

1970, Pub. L. 91–587, §5, 84 Stat. 1579. The Columbia Institution for the Deaf was redesignated Gallaudet College by act June 18, 1954, and thereafter redesignated

Gallaudet University by Pub. L. 99–371, title I, §101(a),

Aug. 4, 1986, 100 Stat. 781, which is classified to subchapter I (§4301 et seq.) of chapter 55 of Title 20, Education.

CHAPTER 6—FREEDMEN’S HOSPITAL

§§ 261 to 264. Omitted

CODIFICATION

Sections 261 to 264 related to Freedmen’s Hospital in

the District of Columbia, and were also set out as sections 32–317 to 32–320 of the District of Columbia Code.

Freedmen’s Hospital was transferred to Howard University by Pub. L. 87–262, Sept. 21, 1961, 75 Stat. 542 (20

U.S.C. 124–129), section 7 of which repealed all laws specifically applicable to Freedmen’s Hospital effective

with the transfer. Sections 32–317 to 32–320 were omitted from the 1981 edition of the District of Columbia

Code.

Section 261, R.S. §2038; act June 23, 1874, ch. 455, 18

Stat. 223, related to direction of and expenditures for

Freedmen’s Hospital.

Section 262, acts June 26, 1912, ch. 182, §1, 37 Stat. 172;

May 29, 1928, ch. 901, §1(78), 45 Stat. 992, related to admission of patients to Freedmen’s Hospital, charges,

and disposition of money collected.

Section 263, acts Mar. 3, 1905, ch. 1483, 33 Stat. 1190,

Mar. 16, 1926, ch. 58, 44 Stat. 208, related to authority to

contract for the care and treatment of persons from the

District admitted to Freedmen’s Hospital.

Section 264, act July 1, 1916, ch. 209, 39 Stat. 311, related to disposition of unclaimed money left at Freedmen’s Hospital by deceased patients.

CHAPTER 7—NATIONAL CEMETERIES

Sec.

271 to 295. Repealed or Omitted.

295a. Arlington Memorial Amphitheater.

(a) Recommendations of Secretary of Defense for memorials and entombments.

(b) Specific authorization from Congress.

(c) Character of memorials.

296. Repealed.

TRANSFER OF FUNCTIONS

Section 2 of Ex. Ord. No. 6166, June 10, 1933, as amended by Ex. Ord. No. 6229, July 27, 1934; Ex. Ord. No. 6614,

Feb. 26, 1934; Ex. Ord. No. 6690, Apr. 25, 1934, set out as

a note to section 901 of Title 5, Government Organization and Employees, transferred all functions of administrator of certain historical national cemeteries located within the continental limits of the United

States, including certain cemeteries administered by

the War Department to the Director of National Parks,

Buildings, and Reservations in the Department of the

Interior.

By Ex. Ord. No. 6228, July 28, 1933, also set out as a

note to section 901 of Title 5, the operation of Executive Order No. 6166 as to the transfer of the specified

national cemeteries was postponed until further order,

except with regard to the following cemeteries located

within the continental limits of the United States:

NATIONAL MILITARY PARKS

Chickamauga and Chattanooga National Military

Park, Georgia and Tennessee.

Fort Donelson National Military Park, Tennessee.

Fredericksburg and Spotsylvania County Battle Fields,

Memorial, Virginia.

Gettysburg National Military Park, Pennsylvania.

Guilford Courthouse National Military Park, North

Carolina.

Kings Mountain National Military Park, South Carolina.

Moores Creek National Military Park, North Carolina.

Petersburg National Military Park, Virginia.

Shiloh National Military Park, Tennessee.

Stones River National Military Park, Tennessee.

Vicksburg National Military Park, Mississippi.

NATIONAL PARKS

Abraham Lincoln National Park, Kentucky.

Fort McHenry National Park, Maryland.

BATTLEFIELD SITES

Antietam Battlefield, Maryland.

Appomattox, Virginia.

Brices Cross Roads, Mississippi.

Chalmette Monument and Grounds, Louisiana.

Cowpens, South Carolina.

Fort Necessity, Wharton County, Pennsylvania.

Kenesaw Mountain, Georgia.

Monocacy, Maryland.

Tupelo, Mississippi.

White Plains, New York.

NATIONAL MONUMENTS

Big Hole Battlefield, Beaverhead County, Montana.

Cabrillo Monument, Ft. Rosecrans, California.

Castle Pinckney, Charleston, South Carolina.

Father Millet Cross, Fort Niagara, New York.

Fort Marion, St. Augustine, Florida.

Fort Matanzas, Florida.

Fort Pulaski, Georgia.

Meriwether Lewis, Hardin County, Tennessee.

Mound City Group, Chillicothe, Ohio.

Statue of Liberty, Fort Wood, New York.

MISCELLANEOUS MEMORIALS

Camp Blount Tablets, Lincoln County, Tennessee.

Kill Devil Hill Monument, Kitty Hawk, North Carolina.

New Echota Marker, Georgia.

Lee Mansion, Arlington National Cemetery, Virginia.

NATIONAL CEMETERIES

Battleground, District of Columbia.

Antietam, (Sharpsburg) Maryland.

Vicksburg, Mississippi.

Gettysburg, Pennsylvania.

Chattanooga, Tennessee.

Fort Donelson, (Dover) Tennessee.

Shiloh, (Pittsburg Landing) Tennessee.

Stones River, (Murfreesboro) Tennessee.

Fredericksburg, Virginia.

Poplar Grove, (Petersburg) Virginia.

Yorktown, Virginia.

CHANGE OF NAME

Director of National Parks, Buildings and Reservations renamed Director of National Park Service by act

Mar. 2, 1934, ch. 38, 48 Stat. 362.