and generally by and in the same name to do and transact all and every the business touching or concerning the premises: Provided, That the same do not exceed the value of fifty thousand dollars net annual income, over and above and exclusive of the receipts for the education and support of the students of said university.

Enacted Mar. 2, 1867, ch. 162, 89th Cong., 2nd sess., sec. 2, 14 Stat. 538.

SEC. 3. And be it further enacted, That the first meeting of said corporators shall be holden at the time and place at which a majority of the persons herein above named shall assemble for that purpose; and six days' notice shall be given each of said corporators, at which meeting said corporators may enact by-laws not inconsistent with the laws of the United States regulating the government of the corporation. Enacted Mar. 2, 1867, ch. 162, 89th Cong., 2nd sess., sec. 3, 14 Stat. 539.

SEC. 4. And be it further enacted, That the government of the university shall be vested in a board of trustees, of not less than thirteen members, who shall be elected by the corporators at their first meeting. Said board of trustees shall have perpetual succession in deed or in law, and in them shall be vested the power herein before granted to the corporation. They shall adopt a common seal, which they may alter at pleasure, under and by which all deeds, diplomas, and acts of the university shall pass and be authenticated. They shall elect a president, a secretary, and a treasurer. The treasurer shall give such bonds as the board of trustees may direct. The said board shall also appoint the professors and tutors, prescribing the number, and determining the amount of their respective salaries. They shall also appoint such other officers, agents, or employees, as the wants of the university may from time to time demand, in all cases fixing their compensation. All meetings of said board may be called in such manner as the trustees shall prescribe, and nine of them so assembled shall constitute a quorum to do business, and a less number may adjourn from time to time.

Enacted Mar. 2, 1867, ch. 162, 89th Cong., 2nd sess., sec. 4, 14 Stat. 539. SEC. 5. And be it further enacted, That the university shall consist of the following departments, and such others as the board of trustees may establish: First, normal; second, collegiate; third, theological; fourth, law; fifth, medicine; sixth, agriculture.

Enacted Mar. 2, 1867, ch. 162, 89th Cong., 2nd sess., sec. 5, 14 Stat. 539. SEC. 6. And be it further enacted, That the immediate government of the several departments, subject to the control of the trustees, shall be intrusted to their respective faculties, but the trustees shall regulate the course of instruction, prescribe, with the advice of the professors, the necessary text-books, confer such degrees, and grant such diplomas as are usually conferred and granted in other universities.

Enacted Mar. 2, 1867, ch. 162, 89th Cong., 2nd sess., sec. 6, 14 Stat. 539. SEC. 7. And be it further enacted, That the board of trustees shall have power to remove any professor or tutor or other officers connected with the institution, when, in their judgment, the interest of the university shall require it.

Enacted Mar. 2, 1867, ch. 162, 89th Cong., 2nd sess., sec. 7, 14 Stat. 539. SEC. 8. And be it further enacted, That annual appropriations are authorized to aid in the construction, development, improvement, and

maintenance of the university, no part of which shall be used for religious instruction. The university shall at all times be open to inspection by the Bureau of Education and shall be inspected by the said Bureau at least once each year.

7

(20 U.S.C. 123) Enacted Mar. 2, 1867, ch. 162, 39th Cong., 2nd sess., sec. 8. 14 Stat. 439; amended Dec. 13, 1928, P.L. 634, 70th Cong., 45 Stat. 1021; amended Aug. 7, 1946, P.L. 615, 79th Cong., sec. 1(60), 60 Stat. 871.

SEC. 9. And be it further enacted, That no misnomer of the said corporation shall defeat or annul any donation, gift, grant, device, or bequest to or from the said corporation.

Enacted Mar. 2, 1867, ch. 162, 39th Cong., 2nd sess., sec. 10, 14 Stat. 539.

SEC. 10. And be it further enacted, That the said corporation shall not employ its funds or income, or any part thereof in banking operations or for any purpose or object other than those expressed in the first section of this act; and that nothing in this act contained shall be so construed as to prevent Congress from altering, amending, or repealing the same.

Enacted Mar. 2, 1867, ch. 162, 39th Cong., 2nd sess., sec. 9, 14 Stat. 539.

AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes.

The president and directors of Howard University shall report to the Secretary of the Interior 8 the condition of the institution on the first of July of each year, embracing therein the number of pupils received and discharged or leaving the same for any cause during the preceding year, and the number remaining; also, the branches of knowledge and industry taught and the progress made therein together with a statement showing the receipts of the institution and from what sources, and its disbursements, and for what objects."

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(20 U.S.C. 121) Enacted July 1, 1898, ch. 546, 55th Cong., 1st sess., 30 State. 624. AN ACT Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes.

Provided, That no part of the appropriations made by Congress for the Howard University shall be used, directly or indirectly, for the support of the theological department of said university, nor for the support of any sectarian, denominational, or religious in

7 Designation of Office of Education as "Bureau of Education" first made in Appropriation Act of July 12, 1870, ch. 251. 16 Stat. 242, and retained until Act of May 14, 1930 P.L. 217, 71st Cong., 46 Stat. 281, 319, which made appropriations for the "Office of Education." Since that time, all appropriations have been made to the "Office of Educa tion."

8 Office of Education transferred to Federal Security Agency on July 1, 1939 (1939 Reorg. Plan No. 1, sec. 201, 204, 4 F.R. 2728, 53 Stat. 1424) and to Department of Health, Education, and Welfare on Apr. 11, 1953 (1953 Reorg. Plan No. 1, sec. 5, 8. 18 F.R. 2053, 67 Stat. 631).

Requirements that Howard University report to, and be open to inspection to the Office of Education reaffirmed on June 30, 1940 in 1940 Reorg. Plan No. 1, see 11(c), 5 F.R. 2422, 54 Stat. 1237.

struction therein: Provided further, That no part thereof shall be paid to said university until it shall accord to the Secretary of the Interior,10 or to his designated agent or agents, authority to visit and inspect such university and to control and supervise the expenditure therein of all moneys paid under said appropriations."

(20 U.S.C. 122) Enacted Mar. 3, 1899, ch. 424,

Reorganization Plan No. IV

Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 11, 1940, pursuant to the provisions of the Reorganization Act of 1939, approved April 3, 1939

(b) Freedmen's Hospital.3-Freedmen's Hospital in the Department of the Interior and its functions are transferred to the Federal Security Agency and shall be administered under the direction and supervision of the Federal Security Administrator.

(c) Howard University.-The functions of the Department of the Interior relating to the administration of Howard University are transferred to the Federal Security Agency and shall be administered under the direction and supervision of the Federal Security Administrator. The annual report required to be furnished to the Secretary of the Interior by the president and directors of the University shall be furnished to the Federal Security Administrator. The Office of Education shall continue to make its inspections of and reports on the affairs of Howard University in accordance with the provisions of existing law.

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GENERAL PROVISIONS

SEC. 13. Transfer of functions of heads of departments. Except as otherwise provided in this Plan, the functions of the head of any department relating to the administration of any agency or function transferred from his department by this Plan, are transferred to, and shall be exercised by, the head of the department or agency to which such transferred agency or function is transferred by this Plan.

SEC. 14. Transfer of records, property, and personnel.-Except as otherwise provided in this Plan, all records and property (including office equipment) of the several agencies, and all records and property used primarily in the administration of any functions, transferred by this Plan, and all personnel used in the administration of such agencies and functions (including officers whose chief duties relate to

10 Office of Education transferred to Federal Security Agency on July 1, 1939 (1939 Reorg. Plan No. 1, sec. 201, 204, 4 F.R. 2728, 53 Stat. 1424) and to Department of Health, Education, and Welfare on Apr. 11, 1953 (1953 Reorg. Plan No. 1, sec. 5, 8, 18 F.R. 2053, 67 Stat. 631).

11 Requirements that Howard University report to, and be open to inspection to, the Office of Education reaffirmed on June 30, 1940 in 1940 Reorg. Plan No. 1, sec. 11(e), 5 F.R. 2422, 54 Stat. 1237.

Made a part of Howard University on Sept. 21, 1961 by P.L. 87-262, reprinted on page 638.

such administration and whose offices are not abolished) are transferred to the respective agencies concerned, for use in the adminis tration of the agencies and functions transferred by this Plan: Provided. That any personnel transferred to any agency by this section found by the head of such agency to be in excess of the personnel netessary for the administration of the functions transferred to his agency shall be retransferred under existing law to other positions in the Government service, or separated from the service subject to the provisions of section 10(a) of the Reorganization Act of 1939.

SEC. 15. Transfer of funds.—So much of the unexpended balances of appropriations, allocations, or other funds available for the use of any agency in the exercise of any function transferred by this Plan. or for the use of the head of any agency in the exercise of any function so transferred, as the Director of the Bureau of the Budget with the approval of the President shall determine, shall be transferred to the agency concerned for use in connection with the exercise of the func tion so transferred. In determining the amount to be transferred the Director of the Bureau of the Budget may include an amount të provide for the liquidation of obligations incurred against such appro priations, allocations, or other funds prior to the transfer: Provided, That the use of the unexpended balances of appropriations, allocations, or other funds transferred by this section shall be subject to the provisions of section 4(d) (3) and section 9 of the Reorganization Act of 1939.

(Effective June 30, 1939) 5 F.R. 2421, 2422; 54 Stat. 1234, 1236–1238.

Freedmen's Teaching Hospital, Howard University

AN ACT To establish a teaching hospital for Howard University, to transfer Freedmens' 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.

TRANSFER OF FREEDMEN'S HOSPITAL

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 ir 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.

(b) 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) The Secretary of Health, Education, and Welfare shall report to the Congress the terms of the agreement for such transfer. (20 U.S.C. 124) Enacted Sept. 21, 1961, P.L. 87-262, sec. 1, 75 Stat. 542.

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 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,

(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 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 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.

(20 U.S.C. 125) Enacted Sept. 21, 1961, P.L. 87-262, sec. 2, 75 Stat. 542.