20 U.S.C. § 125 — Employees of hospital

Page 89 TITLE 20—EDUCATION § 125 § 124. Transfer of Freedmen’s Hospital to Howard University (a) Purpose; authorization; agreement For the purpose of assisting in the provision of teaching hospital resources for Howard Univer- sity, thereby assisting the university in the training of medical and allied personnel and in providing hospital services for the community, the Secretary of Health, Education, and Welfare shall, pursuant to agreement with the board of trustees of Howard University, transfer to How- ard University, without reimbursement, all right, title, and interest of the United States in certain lands in the District of Columbia, to- gether with the buildings and improvements thereon and the personal property used in con- nection therewith (as determined by the Sec- retary), commonly known as Freedmen’s Hos- pital. (b) Congressional intent It is the intent of Congress (1) that the trans- fer of Freedmen’s Hospital to Howard University be effected as soon as practicable, (2) to assure the well-being of patients at Freedmen’s Hos- pital during the period of transition, and (3) that the transfer be effected with minimum disloca- tion of the present hospital staff and maximum consideration of their interests as employees. (c) Report to Congress The Secretary of Health, Education, and Wel- fare shall report to the Congress the terms of the agreement for such transfer. (Pub. L. 87–262, § 1, Sept. 21, 1961, 75 Stat. 542.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Edu- cation, and Welfare transferred to Secretary of Edu- cation by section 3441(a)(2)(M) of this title. REPEAL OF LAWS APPLICABLE TO FREEDMEN’S HOSPITAL Pub. L. 87–262, § 7, Sept. 21, 1961, 75 Stat. 544, provided that: ‘‘All laws heretofore applicable specifically to Freedmen’s Hospital are, to the extent of such applica- bility, repealed, effective with the transfer of Freed- men’s Hospital pursuant to section 1 [this section].’’ TRANSFER OF FUNDS Pub. L. 87–262, § 8, Sept. 21, 1961, 75 Stat. 544, provided that: ‘‘All unexpended balances of appropriations, allo- cations, and other funds, available or to be made avail- able, of Freedmen’s Hospital are, effective with the transfer of Freedmen’s Hospital pursuant to section 1 [this section], transferred to Howard University for use in the operation of the Howard University Hospital fa- cilities, except to the extent (determined by the Direc- tor of the Bureau of the Budget [Director of the Office of Management and Budget]) required to meet obliga- tions already incurred and not assumed by the univer- sity.’’ § 125. Employees of hospital (a) Opportunity to transfer; guarantee of rights and benefits The agreement for transfer of Freedmen’s Hos- pital referred to in section 124 of this title shall include provisions to assure that— (1) all individuals who are career or career- conditional employees of the hospital on the day preceding the effective date of the transfer of the hospital, except those in positions with respect to which they have been notified not less than six months prior to the effective date of such transfer that their positions are to be abolished, will be offered an opportunity to transfer to Howard University; (2) Howard University— (A) will not reduce the salary levels for such employees who transfer, (B) will deposit currently (i) in the civil service retirement and disability fund re- ferred to in section 8348 of title 5, the em- ployee deductions and agency contributions required by subchapter III of chapter 83 of title 5, and (ii) in the fund referred to in sec- tion 8714 of title 5, the employee deductions and agency contributions required by chap- ter 87 of title 5. (C) will provide other benefits for such em- ployees as nearly equivalent as may be prac- ticable to those generally applicable, on the effective date of the transfer of the hospital, to civilian employees of the United States, and (D) in determining the seniority rights of its employees, Howard University will credit service with Freedmen’s Hospital performed by such employees who transfer, on the same basis as it would credit such service had it been performed for such University; (3) the transfer will become effective not later than the beginning of the second month which begins after construction of the new hospital facilities authorized by section 126 of this title is commenced. (b) Placement of employees in comparable Fed- eral positions The Department of Health, Education, and Welfare shall make every reasonable effort to place in other comparable Federal positions all individuals who are career or career-conditional employees of Freedmen’s Hospital on September 21, 1961 and who do not transfer to Howard Uni- versity. (c) Services performed in the employ of United States Each individual who is an employee of Freed- men’s Hospital on September 21, 1961 and who transfers to Howard University shall, so long as he is continuously in the employ of Howard Uni- versity, be regarded as continuing in the employ of the United States for the purposes of sub- chapter III of chapter 83 of title 5, chapter 87 of title 5. For purposes of section 3121(b) of title 26 and section 410 of title 42, service performed by such individual during the period of his employ- ment at Howard University shall be regarded as though performed in the employ of the United States. (Pub. L. 87–262, § 2, Sept. 21, 1961, 75 Stat. 542; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes CODIFICATION In subsec. (a)(2)(B), ‘‘civil service retirement and dis- ability fund referred to in section 8348 of title 5’’ sub- Page 90 TITLE 20—EDUCATION § 126 stituted for ‘‘civil service retirement and disability fund required by the Act of May 22, 1920’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Or- ganization and Employees. Previously, act May 22, 1920, ch. 195, 41 Stat. 614, was superseded by act May 29, 1930, known as the Civil Service Retirement Act of 1930, which was generally amended by act July 31, 1956, ch. 804, § 401, 70 Stat. 743. In subsecs. (a)(2)(B) and (c), ‘‘subchapter III of chap- ter 83 of title 5’’ substituted for ‘‘the Civil Service Re- tirement Act’’ on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which en- acted Title 5. In subsec. (a)(2)(B), ‘‘fund referred to in section 8714 of title 5’’ substituted for ‘‘the fund created by section 5(c) of the Federal Employees’ Group Life Insurance Act of 1954’’ and, in subsecs. (a)(2)(B) and (c), ‘‘chapter 87 of title 5’’ substituted for ‘‘the Federal Employees’ Group Life Insurance Act of 1954’’, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first sec- tion of which enacted Title 5. AMENDMENTS 1986—Subsec. (c). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Edu- cation, and Welfare transferred to Secretary of Edu- cation by section 3441(a)(2)(M) of this title. § 126. Authorization of appropriations for con- struction of hospital facilities For the purpose specified in section 124 of this title, there are authorized to be appropriated such sums as may be necessary for the construc- tion of a building or buildings and facilities, in- cluding equipment, and for remodeling of exist- ing buildings (including repair and replacement of equipment) which are to be combined with the building or buildings and facilities so con- structed, to provide a hospital with a capacity of not to exceed five hundred beds. (Pub. L. 87–262, § 3, Sept. 21, 1961, 75 Stat. 543.) § 127. Transfer of facilities by University or ces- sation of operation as teaching hospital fa- cilities; recovery of value by United States If, within twenty years after the completion of construction (as determined by the Secretary of Health, Education, and Welfare) of the new hos- pital facilities authorized by section 126 of this title, any of such facilities, or of the facilities transferred pursuant to section 124 of this title and combined with such new facilities, are transferred by Howard University to any other person or entity (except a transfer to the United States) or cease to be operated by the university as teaching hospital facilities, the United States shall be entitled to recover from the transferee or the university, in the case of a transfer, or from the university, if there is no transfer, an amount equal to the then value of such facilities (or so much thereof as is involved in the trans- fer, as the case may be), such value to be deter- mined by agreement of the parties or by action brought in the United States District Court for the District of Columbia. (Pub. L. 87–262, § 4, Sept. 21, 1961, 75 Stat. 543.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Edu- cation, and Welfare transferred to Secretary of Edu- cation by section 3441(a)(2)(M) of this title. § 128. Authorization of appropriations for partial support of operation of facilities; separate account In order to facilitate operation of teaching hospital facilities at Howard University, there are authorized to be appropriated annually to the university such sums as the Congress may determine, for the partial support of the oper- ation of such facilities giving consideration to the cost imposed by the provisions of section 125 of this title and the portion of the agreement under sections 124 to 129 of this title relating to such provisions. The cost of operating such fa- cilities, the appropriations pursuant to this sec- tion, and any other income derived from such operation or available for such purpose shall be identified and accounted for separately in the accounts of the university. (Pub. L. 87–262, § 5, Sept. 21, 1961, 75 Stat. 543.) § 129. Financial policy; report to Congress It is declared to be the policy of the Congress that, to the extent consistent with good medical teaching practice, the Howard University Hos- pital facilities shall become progressively more self-supporting. In order to further this policy, the President shall submit to the Congress a re- port, based on a study of the financing of the op- eration of the hospital, containing his rec- ommendations on the rate at which, consistent with the above policy, Federal financial partici- pation in such cost of operation shall be re- duced. Such report shall be submitted not later than the end of the second calendar year fol- lowing the year in which the construction of the new hospital facilities, authorized by section 126 of this title, is completed. (Pub. L. 87–262, § 6, Sept. 21, 1961, 75 Stat. 544.) § 130. Purchases through the General Services Administration On and after September 8, 1978, Howard Uni- versity is authorized to make purchases through the General Services Administration. (Pub. L. 95–355, title I, § 100, Sept. 8, 1978, 92 Stat. 531.) Editorial Notes CODIFICATION Section is from the Second Supplemental Appropria- tions Act, 1978, and contained additional provisions re- lating to purchases by the American Printing House for the Blind, Gallaudet University, and the National Technical Institute for the Deaf, which are set out in sections 106 and 4362 of this title.