20 U.S.C. § 124 — Transfer of Freedmen’s Hospital to Howard

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that: ‘‘All laws heretofore applicable specifically to Freedmen’s Hospital are, to the extent of such applica- bility, repealed, effective with the transfer of Freed- men’s Hospital pursuant to section 1 [this section].’’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-