An Act to establish a teaching hospital for Howard University, to transfer Freedmens Hospital to the university, and for other purposes
PL 87-262 (H.R.6302), enacted 09/21/1961

542 
PUBLIC LAW 87-262-SEPT. 21, 1961 
[75 STAT. 
Public Law 87-262 
September 2 I, 1961 
" ^ 
^^^ 
[H. R. 6302] 
rpQ establish a teaching hospital for Howard University, to transfer Freedmen's 
Hospital to the University, and for other purposes. 
F r e edmen's 
H o s p i t a l , D.C. 
Irsnsfer. 
Be it enacted hy the Seriate and House of Representatives 
of the 
United States of America in Congress assemhledf 
TRANSFER OF F R E E D M E N ' S HOSPITAL 
gress 
SECTION 1, (a) 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 prop-
erty used in connection therewith (as determined by the Secretary), 
commonly known as Freedmen's Hospital. 
(b) It is the intent of Congress (1) that the transfer of Freed-
men's Hospital to Howard University be effected as soon as prac-
ticable, (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. 
Report to Con- 
((.) ^lic Secretary of Health, Education, and Welfare shall report 
to the Congress the terms of the agreement for such transfer. 
PROVISION FOR EMPLOYEES OF HOSPITAL 
SEC. 2. (a) The agreement for transfer of Freedmen's Hospital 
referred to in section 1 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 retire-
ment and disability fund created by the Act of May 22, 1920, 
the employee deductions and agency contributions required 
5°trs*c*225'i^note 
^^ ^^® Civil Scrvice Retirement Act, and (ii) in the fund 
created by section 5(c) of the Federal Employees' Group Life 
t^j^^r^hnoA' 
Insurance Act of 1954 the employee deductions and agency 
contributions required by the Federal Employees' Group 
Life Insurance Act of 1954, 
(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 hos-
pital, 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 Hos-
pital performed by such employees who transfer, on the same 
41 Stat, 618. 
5 u s e 2094. 
75 
S T A T . ] 
PUBLIC LAW 87-262-SEPT. 21, 1961 
543 
basis as it would credit such service had it been performed 
for such University; 
(3) the transfer will become effective not later than the begin-
ning of the second month which begins after construction of the 
new hospital facilities authorized by section 3 is commenced. 
(b) 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. 
(c) 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 C!ode 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. 
Effective date of 
transfer. 
5 u s e 2251 note. 
5 u s e 209 I note. 
26 u s e 3121. 
42 u s e 410. 
AUTHORIZATION OF CONSTRUCTION OF HOSPITAL FACILITIES 
SEC. 3. 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 equip-
ment, and for remodeling of existing buildings (including repair and 
replacement of equipment) which are to be combined with the build-
ing or buildings and facilities so constructed, to provide a hospital 
with a capacity of not to exceed five hundred beds. 
C O N T I N U E D OPERATION OF FACILITIES 
SEC. 4. 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 How^ard Uni-
versity 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. 
AUTHORIZATION OF APPROPRIATIONS FOR OPERATION 
SEC. 5. In order to facilitate operation of teaching hospital facilities 
at Howard University, there are authorized to be appropriated annu-
ally to the university such sums as the Congress may determine, for 
the partial support of the operation of such facilities giving considera-
tion 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 
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. 
Partial support. 
Sep arI 
count. 
544 
PUBLIC LAW 87-263-SEPT. 21, 1961 
[75 ST A T . 
FINANCIAL POLICY 
Report to 
gress. 
Con-
SEC. 6. It is hereby declared to be the policy of the Congress that, 
to the extent consistent with good medical teaching practice, the How-
ard 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 3, is completed. 
REPEAL OF LAWS 
SEC. 7. 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. 
Exception. 
TRANSFER OF FUNDS 
SEC. 8. 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 
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. 
Public Law 87-263 
AN ACT 
To amend the Act of August 16, 1957, relating to microfilming of papers of 
Presidents of the United States, to remove certain liabilities of the United 
States with respect to such activities. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Act en-
titled "An Act to organize and microfilm papers of Presidents of the 
United States in the collections of the Library of Congress", approved 
2 use 131 note. August 16, 1957 (PubHc Law 85-147; 71 Stat. 368), is amended by 
adcung at the end of the first section thereof the following new sen-
tence : "Neither the United States nor any officer or employee of the 
United States shall be liable for damages for infringement of literary 
property rights by reason of any activity authorized by this Act.". 
Approved September 21, 1961. 
September 21, 1961 
[a. R. 
6667] 
Presidential pa-
pers.