---
kind: "range"
citation: "20 U.S.C. §§ 124–129"
title: "20"
from: "124"
to: "129"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/20/124..129"
---

# §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 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](/usc/20/4702.md?p=2) 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.
- (b) **Congressional intent—** 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.
- (c) **Report to Congress—** The Secretary of Health, Education, and Welfare shall report to the Congress the terms of the agreement for such transfer.

# §125. Employees of hospital

- (a) **Opportunity to transfer; guarantee of rights and benefits—** The agreement for transfer of Freedmen’s Hospital referred to in [section 124 of this title](/usc/20/124.md) 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](/usc/20/4702.md?p=3) referred to in [section 8348 of title 5](/usc/5/8348.md), the employee deductions and agency contributions required by subchapter III of [chapter 83](/usc/5/chptIII-sptG-ch83.md) of title 5, and (ii) in the [fund](/usc/20/4702.md?p=3) referred to in [section 8714 of title 5](/usc/5/8714.md), the employee deductions and agency contributions required by [chapter 87](/usc/5/chptIII-sptG-ch87.md) of title 5.
    - (C) 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
    - (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](/usc/20/126.md) is commenced.
- (b) **Placement of employees in comparable Federal 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 University.
- (c) **Services performed in the employ of United States—** Each individual who is an employee of Freedmen’s Hospital on September 21, 1961 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 subchapter III of [chapter 83](/usc/5/chptIII-sptG-ch83.md) of title 5, [chapter 87](/usc/5/chptIII-sptG-ch87.md) of title 5. For purposes of [section 3121(b) of title 26](/usc/26/3121.md?p=b) and [section 410 of title 42](/usc/42/410.md), 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.

# §126. Authorization of appropriations for construction of hospital facilities


For the purpose specified in [section 124 of this title](/usc/20/124.md), there are 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.


# §127. Transfer of facilities by University or cessation of operation as teaching hospital facilities; 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 hospital facilities authorized by [section 126 of this title](/usc/20/126.md), any of such facilities, or of the facilities transferred pursuant to [section 124 of this title](/usc/20/124.md) 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.


# §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 operation of such facilities giving consideration to the cost imposed by the provisions of [section 125 of this title](/usc/20/125.md) and the portion of the agreement under [sections 124 to 129](/usc/20/124..129.md) of this title relating to such provisions. The cost of operating such facilities, the appropriations pursuant to this 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.


# §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 Hospital facilities shall become progressively more 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 126 of this title](/usc/20/126.md), is completed.