Volume 75 · 542
Public Law 87–262
To establish a teaching hospital for Howard University, to transfer Freedmen’s Hospital to the University, and for other purposes.
Approved September 21, 1961
Statutory text
AN ACT
To establish a teaching hospital for Howard University, to transfer Freedmen’s Hospital to the University, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. transfer of freedmen’s hospital
For the purpose of assisting in the provision of teaching hospital resources for Howard University, 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 Howard University, without reimbursement, all right, title, and interest of the United States in certain lands in the District of Columbia, together with the buildings and improvements thereon and the personal property used in connection therewith (as determined by the Secretary), commonly known as Freedmen’s Hospital.
It is the intent of Congress (1) that the transfer of Freedmen’s Hospital to Howard University be effected as soon as practicable, (2) to assure the well-being of patients at Freedmen’s Hospital during the period of transition, and (3) that the transfer be effected with minimum dislocation of the present hospital staff and maximum consideration of their interests as employees.
The Secretary of Health, Education, and Welfare shall report to the Congress the terms of the agreement for such transfer.
Sec. 2. provision for employees of hospital
The agreement for transfer of Freedmen’s Hospital referred to in section 1 shall include provisions to assure that—
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;
Howard University—
will not reduce the salary levels for such employees who transfer,
will deposit currently (i) in the civil service retirement
and disability fund created by the Act of May 22, 1920, the employee deductions and agency contributions required
by the Civil Service Retirement Act, and (ii) in the fund created by section 5(c) of the Federal Employees’ Group Life
Insurance Act of 1954 the employee deductions and agency contributions required by the Federal Employees’ Group Life Insurance Act of 1954,
will provide other benefits for such employees as nearly equivalent as may be practicable to those generally applicable, on the effective date of the transfer of the hospital, to civilian employees of the United States, and
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;
the transfer will become effective not later than the beginning
Effective date of transfer.
of the second month which begins after construction of the new hospital facilities authorized by section 3 is commenced.
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 the date of enactment of this Act and who do not transfer to Howard University.
Each individual who is an employee of Freedmen’s Hospital on the date of enactment of this Act and who transfers to Howard University shall, so long as he is continuously in the employ of Howard University, be regarded as continuing in the employ of the United States for the purposes of the Civil Service Retirement Act, the
Federal Employees’ Group Life Insurance Act of 1954. For purposes
of section 3121(b) of the Internal Revenue Code of 1954 and section
210 of the Social Security Act, service performed by such individual
during the period of his employment at Howard University shall be regarded as though performed in the employ of the United States.
Sec. 3. authorization of construction of hospital facilities
For the purpose specified in section 1, there are hereby authorized to be appropriated such sums as may be necessary for the construction of a building or buildings and facilities, including equipment, and for remodeling of existing buildings (including repair and replacement of equipment) which are to be combined with the building or buildings and facilities so constructed, to provide a hospital with a capacity of not to exceed five hundred beds.
Sec. 4. continued operation of facilities
If, within twenty years after the completion of construction (as determined by the Secretary of Health, Education, and Welfare) of the new hospital facilities authorized by section 3, any of such facilities, or of the facilities transferred pursuant to section 1 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 transfer, as the case may be), such value to be determined by agreement of the parties or by action brought in the United States District Court for the District of Columbia.
Sec. 5. authorization of appropriations for operation
In order to facilitate operation of teaching hospital facilities
Partial support.
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 operation of such facilities giving consideration to the cost imposed by the provisions of section 2 and the portion of the agreement under this Act relating to such provisions. The cost of operating such facilities, the appropriations pursuant to this
Separate account.
section, 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.
Sec. 6. financial policy
It is hereby declared to be the policy of the Congress that, to the extent consistent with good medical teaching practice, the Howard University Hospital facilities shall become progressively more
Report to Congress.
self-supporting. In order to further this policy, the President shall submit to the Congress a report, based on a study of the financing of the operation of the hospital, containing his recommendations on the rate at which, consistent with the above policy, Federal financial participation in such cost of operation shall be reduced. Such report shall be submitted not later than the end of the second calendar year following the year in which the construction of the new hospital facilities, authorized by section 3, is completed.
Sec. 7. repeal of laws
All laws heretofore applicable specifically to Freedmen’s Hospital are, to the extent of such applicability, repealed, effective with the transfer of Freedmen’s Hospital pursuant to section 1.
Sec. 8. transfer of funds
All unexpended balances of appropriations, allocations, and other funds, available or to be made available, of Freedmen’s Hospital are, effective with the transfer of Freedmen’s Hospital pursuant to section 1, transferred to Howard University for use in the operation
Exception.
of the Howard University Hospital facilities, except to the extent (determined by the Director of the Bureau of the Budget) required to meet obligations already incurred and not assumed by the university.
Approved September 21, 1961.