(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 wellbeing 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. (Pub. L. 87-262, § 1, Sept. 21, 1961, 75 Stat. 542.) REPEAL OF LAWS APPLICABLE TO FREEDMAN'S HOSPITAL Section 7 of Pub. L. 87-262 provided that: "All laws heretofore applicable specifically to Freedman's Hospital are, to the extent of such applicability, repealed, effective with the transfer of Freedmen's Hospital pursuant to section 1 [this section]." TRANSFER OF FUNDS Section 8 of Pub. L. 87-262 provided that: "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 [this section], 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." § 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 shall include provisions to assure that— (1) all individuals who are career or careerconditional 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 2094 (c) of Title 5, the employee deductions and agency contributions required by the Federal Employees' Group Life Insurance Act of 1954, (C) will provide other benefits of 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 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 the 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 the Civil Service Retirement Act, the Federal Employees' Group Life Insurance Act of 1954. 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 employment 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.) REFERENCES IN TEXT The Act of May 22, 1920, referred to in subsec. (a), was formerly classified to section 691 et seq. of Title 5, Executive Departments and Government Officers and Employees, and is now covered by chapter 30 of Title 5. The Civil Service Retirement Act, referred to in subsecs. (a) and (c), is classified to chapter 30 of Title 5. The Federal Employees' Group Life Insurance Act of 1954, referred to in subsecs. (a) and (c), is classified to chapter 24 of Title 5. § 126. Authorization of appropriations for construction of hospital facilities. For the purpose specified in section 124 of this title, 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. (Pub. L. 87-262, § 3, Sept. 21, 1961, 75 Stat. 543.) § 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, any of such facilities, or of the facilities transferred pursuant to section 124 of this title 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. (Pub. L. 87-262, § 4, Sept. 21, 1961, 75 Stat. 543.) § 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 and the portion of the agreement under sections 124-129 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. (Pub. L. 87-262, § 5, Sept. 21, 1961, 75 Stat. 543.) § 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, is completed. (Pub. L. 87-262, § 6, Sept. 21, 1961, 75 Stat. 544.) § 191. Establishment; site; acquisition of land. The Secretary of Agriculture is authorized and directed to establish and maintain a national arboretum for purposes of research and education concerning tree and plant life. For the purposes of this chapter, (1) the President is authorized to transfer to the jurisdiction of the Secretary of Agriculture by Executive order any land which now belongs to the United States within or adjacent to the District of Columbia located along the Anacostia River north of Benning Bridge, and (2) the Secretary of Agriculture is authorized in his discretion to acquire, within the limits of the appropriation authorized by this chapter, by private purchase, condemnation proceedings, or gift, land so located or other land within or adjacent to the District of Columbia: Provided, That the purchase price of any part of said land shall not exceed the full value assessment of such property last made before purchase thereof plus 25 per centum of such assessed value. (Mar. 4, 1927, ch. 505, § 1, 44 Stat. 1422.) TRANSFER OF FUNCTIONS All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out as a note under section 511 of Title 5, Executive Departments and Government Officers and Employees. DELEGATION OF FUNCTIONS For delegation of functions, vested in the President by this section, to the Director of the Bureau of the Budget, see section 1 (1) of Ex. Ord. No. 10530, May 10, 1954, 19 F. R. 2709, set out as a note under section 301 of Title 3, The President. § 192. Appropriation for acquisition of land. CODIFICATION Section, act Mar. 4, 1927, ch. 505, § 2, 44 Stat. 1422, authorized appropriation of $300,000 to be expended for acquisition of land specified in section 191 of this title. § 193. Administration of arboretum. In order to stimulate research and discovery the national arboretum established by the Secretary of Agriculture in accordance with the provisions of this chapter shall be under competent scientific direction. The arboretum shall be administered by the Secretary of Agriculture separately from the agricultural, horticultural, and forestry stations of the Department of Agriculture, but it shall be so correlated with them as to bring about the most effective utilization of its facilities and discoveries. (Mar. 4, 1927, ch. 505, 3, 44 Stat. 1422.) § 221. Instruction of citizens from American republics. The President is authorized, in his discretion and under such regulations as he may prescribe by Executive order, to permit citizens of the American republics to receive instruction, with or without charge therefor, at professional educational institutions and schools maintained and administered by the Government of the United States or by departments or agencies thereof: Provided, That such citizens shall agree to comply with all regulations for the government of the institutions and schools at which they may be under instruction and to exert every effort to accomplish successfully the courses of instruction prescribed: And provided further, That the regulations prescribed by the President under the authority of this section shall contain provisions limiting the admission of citizens of the American republics to primary schools maintained and administered by the Government of the United States so that there will under no circumstances be any curtailment of the admission of citizens of the United States eligible to receive instruction therein. (June 24, 1938, ch. 644, 52 Stat. 1034; July 14, 1941, ch. 292, 55 Stat. 589; June 26, 1946, ch. 493, § 1, 60 Stat. 311.) CODIFICATION Section originally provided that "not more than one citizen of any American republic shall receive instruction at the same time in the United States Military Academy and not more than one in the United States Naval Academy." This phrase has been omitted in view of acts July 14, 1941, and June 26, 1946. See sections 4344, 6957, and 9344 of Title 10, Armed Forces. § 221a. Same; United States Military Academy. After June 26, 1946, no person shall have authority to permit citizens of the American Republics to receive instruction at the United States Military Academy under the provisions of section 221 of this title. Any person who is receiving instruction at the United States Military Academy on June 26, 1946, under authority of section 221 of this title, may, in the discretion of the President, be permitted to continue to receive such instruction and, if so permitted, shall thereafter be deemed to be receiving instruction under the provisions of section 1 of this Act. (June 26, 1945, ch. 493, § 2, 60 Stat. 312.) REFERENCES IN TEXT Section 1 of this Act, referred to in text, refers to section 1 of Act June 26, 1945, which was repealed by Act Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. See sections 4344 and 9344 of Title 10, Armed Forces. §§ 222-224. Repealed. Pub. L. 87-256, § 111(a)(4), Sept. 21, 1961, 75 Stat. 538. Sections, act Aug. 24, 1949, ch. 505, §§ 1-3, 63 Stat. 630, authorized the creation of a special deposit account for sums due or paid by the Republic of Finland to the United States as interest on or in retirement of the principal of the debt incurred under the act of Feb. 25, 1919, as refunded by the agreement dated May 1, 1923, pursuant to authority contained in sections 805-809 [now omitted] of Title 31, Money and Finance, or of any other indebtedness incurred by Finland and owing to the United States as a result of World War I, provided for the use of such fund for exchange of students, professors, etc., for the interchange of books and technical equipment, and for disbursements from the account. See chapter 33 of Title 22, Foreign Relations and Intercourse, and specifically, section 2455(e) of Title 22. CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREEMENTS, DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER ACTIONS Continuation in full force and effect, and applicability to the appropriate provisions of the Mutual Educational and Cultural Exchange Act of 1961, set out as chapter 33 of Title 22, Foreign Relations and Intercourse, until modified or superseded by appropriate authority, of all Executive orders, agreements, determinations, regulations, contracts, appointments, and other actions issued, concluded, or taken under authority of these sections, see section 111(b) of Pub. L. 87-256, set out as a note under section 2451 of Title 22. § 225. Fund for education of Iranian students in United States. There is authorized to be appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of $110,000, which sum shall be expended by the Secretary of State in his discretion for the education of Iranian students in the United States, in accordance with the obligation of the United States arising out of the agreement contained in an exchange of notes between this Government and the Iranian Government of July 25, July 29, November 9, and November 15, 1924, which agreement settled a claim asserted by the United States. The said sum of $110,000 shall be deemed a trust fund received by the Secretary of State under the provisions of section 547 of Title 31, and shall be expended as therein provided. The said sum shall be deemed to constitute the fund of $110,000 received by the United States from the Iranian Government in four installments between December 24, 1924, and March 29, 1925, pursuant to the afore-mentioned notes, and deposited in the Treasury of the United States on June 24, 1925, which fund shall be deemed, insofar as the same may be necessary, to have been heretofore appropriated as a trust fund under sections 517 and 725s of Title 31. The Secretary of the Treasury shall make payments out of the said fund to or for the account of such persons, in such amounts, at such times, and on such terms, as the Secretary of State or his designee shall certify and the certificates of the Secretary of State or his designee issued hereunder shall be conclusive as to the propriety of payments so made. The expenditure of the said sum by the United States shall constitute full performance of the obligation of the United States to the Iranian Government or any other person arising out of the said notes and shall discharge the Secretary of State and the Secretary of the Treasury with respect to any accountability therefor. (Sept. 29, 1950, ch. 1110, §§ 1, 2, 64 Stat. 1081.) CODIFICATION Section is comprised of sections 1 and 2 of act Sept. 29, 1950. Chapter 13.-FINANCIAL ASSISTANCE FOR AREAS AFFECTED BY FEDERAL ACTIVITIES Sec. 231-235. Omitted. 236. Congressional declaration of policy. 237. Federal acquisition of property within school district as financial burden; Federal contributions; definitions; effect of school district consolidations. 238. Payments to local school agencies. (a) Children of persons who reside and work on Federal property; parent in uniformed services. Sec. (b) Children of persons who reside or work on (c) Computation of amount of entitlement. (e) Deduction of certain Federal contributions. 239. Sudden and substantial increases in attendance. (b) Increases occurring prior to July 1, 1950; amount of contribution. (c) Counting of certain children in determination of increases. (d) Adjustment for decreases in Federal activities. (e) Consultation with State and local authorities. 240. Method of making payments. (a) Application. (b) Payment. (c) Adjustments where necessitated by appropriations. 241. Education of children where local agencies cannot supply facilities. (a) Necessary arrangements by Commissioner; standard of education. (b) Education of children in adjacent areas. (f) Restriction on operation of schools by Com- 242. Supervision over schools; rules and regulations; reports. 243. Utilization of other Federal agencies; transfer and availability of appropriations. 244. Definitions. 245. Repealed. CROSS REFERENCES Federal aid for school construction in areas affected by Federal activities, see sections 631-645 of this title. §§ 231-235. Omitted. CODIFICATION Sections, act Sept. 10, 1949, ch. 589, 63 Stat. 697, relating to Federal aid to local school agencies to provide educational opportunities to children in federally affected areas, received appropriations of $7,500,000 only for the fiscal year 1950, and are now covered by sections 236-244 of this title. See, also, chapter 19 of this title. § 236. Congressional declaration of policy. In recognition of the responsibility of the United States for the impact which certain Federal activities have on the local educational agencies in the areas in which such activities are carried on, the Congress declares it to be the policy of the United States to provide financial assistance (as set forth in this chapter) for those local educational agencies upon which the United States has placed financial burdens by reason of the fact that (1) the revenues available to such agencies from local sources have been reduced as a result of the acquisition of real property by the United States; or (2) such agencies provide education for children residing on Federal property; or (3) such agencies provide education for children whose parents are employed on Federal property; or (4) there has been a sudden and substantial increase in school attendance as the result of Federal activities. (Sept. 30, 1950, ch. 1124, § 1, 64 Stat. 1100.) § 237. Federal acquisition of property within school district as financial burden; Federal contributions; definitions; effect of school district consolidations. (a) Where the Commissioner, after consultation with any local educational agency and with the appropriate State educational agency, determines for any fiscal year ending prior to July 1, 1966- (1) that the United States owns Federal property in the school district of such local educational agency, and that such property (A) has been acquired by the United States since 1938, (B) was not acquired by exchange for other Federal property in the school district which the United States owned before 1939, and (C) had an assessed value (determined as of the time or times when so acquired) aggregating 10 per centum or more of the assessed value of all real property in the school district (similarly determined as of the time or times when such Federal property was so acquired); and (2) that such acquisition has placed a substantial and continuing financial burden on such agency; and (3) that such agency is not being substantially compensated for the loss in revenue resulting from such acquisition by (A) other Federal payments with respect to the property so acquired, or (B) increases in revenue accruing to the agency from the carrying on of Federal activities with respect to the property so acquired, then the local educational agency shall be entitled to receive for such fiscal year such amount as, in the judgment of the Commissioner, is equal to the continuing Federal responsibility for the additior.al financial burden with respect to current expenditures placed on such agency by such acquisition of property, to the extent such agency is not compensated for such burden by other Federal payments with respect to the property so acquired. Such amount shall not exceed the amount which, in the judgment of the Commissioner, such agency would have derived in such year, and would have had available for current expenditures, from the property acquired by the United States (such amount to be determined without regard to any improvements or other changes made in or on such property since such acquisition), minus the amount which in his judgment the local educational agency derived from other Federal payments with respect to the property so acquired and had available in such year for current expenditures. (b) For the purposes of this section (1) The term "other Federal payments" means payments in lieu of taxes, and any other payments, made with respect to Federal property pursuant to any law of the United States other than this chapter, and property taxes paid with respect to Federal property, whether or not such taxes are paid by the United States, but shall not include payments pursuant to contract or other arrangement under section 452 of Title 25. (2) Any real property with respect to which payments are being made under section 8311 of Title 16 shall not be regarded as Federal property. (c) Where the school district of any local educational agency shall have been formed at any time after 1938 by the consolidation of two or more former school districts, such agency may elect (at the time it files application under section 240 of this title) for any fiscal year to have (1) the eligibility of such local educational agency, and (2) the amount which such agency shall be entitled to receive, determined under this section only with respect to such of the former school districts comprising such consolidated school district as the agency shall designate in such election. (Sept. 30, 1950, ch. 1124, § 2, 64 Stat. 1101; Aug. 8, 1953, ch. 402, § 1, 67 Stat. 530; Aug. 12, 1955, ch. 868, § 1, 69 Stat. 713; Aug. 3, 1956, ch. 915, title II, § 201, 70 Stat. 970; Aug. 12, 1958, Pub. L. 85-620, title II, § 201, 72 Stat. 559; Oct. 3, 1961, Pub. L. 87344, title I, § 102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, § 32, 77 Stat. 419; Oct. 16, 1964, Pub. L. 88-665, title XI, § 1102(a), 78 Stat. 1109.) AMENDMENTS 1964 Subsec. (a). Pub. L. 88-665 substituted "1966" for "1965." 1963-Subsec. (a). Pub. L. 88-210 substituted "1965" for "1963." 1961-Subsec. (a). Pub. L. 87-344 substituted “July 1, 1963" for "July 1, 1961." 1958 Subsec. (a). Pub. L. 85-620, § 201 (a), substituted "any fiscal year ending prior to July 1, 1961" for "the fiscal year beginning July 1, 1950, or for any of the seven succeeding fiscal years". Subsec. (b) (1). Pub. L. 85-620, § 201 (b), provided that "other Federal payments" shall not include payments pursuant to contract or other arrangement under section 452 of Title 25. 1956 Subsec. (a). Act Aug. 3, 1956, substituted "seven succeeding fiscal years" for "six succeeding fiscal years". 1955 Subsec. (a). Act Aug. 12, 1955, substituted the words "six succeeding fiscal years" for "five succeeding fiscal years" in the first sentence thereof. 1953-Subsec. (a). Act Aug. 8, 1953, § 1 (a), (b), substituted the words "five succeeding fiscal years" for "three succeeding fiscal years" in the first sentence thereof and inserted the words "with respect to the property so acquired" after the phrase "other Federal payments" wherever appearing. Subsec. (b) (1). Act Aug. 8, 1953, § 1 (c), extended the definition of "other Federal payments" to include, expressly, property taxes paid with respect to Federal property whether paid by the United States or other parties. EFFECTIVE DATE OF 1963 AMENDMENT Section 33 of Pub. L. 88-210 provided that: "The amendments made by sections 31 and 32 [to this section, and sections 238, 239, 633, 644, and 645 of this title] shall be effective July 1, 1963." EFFECTIVE DATE OF 1961 AMENDMENT Amendment of section by Pub. L. 87-344 effective for the period beginning July 1, 1961, see section 103 of Pub. L. 87-344, set out as a note under section 633 of this title. EFFECTIVE DATE OF 1958 AMENDMENT Section 207 of Pub. L. 85-620 provided that: "The amendments made by this title [amending sections 237, 238, 239, 243, 244 of this title, and repealing section 245 of this title] shall be effective for the period beginning July 1, 1958." EFFECTIVE DATE OF 1956 AMENDMENT Section 213 of act Aug. 3, 1956, provided that amendments to subsec. (a) of this section and to sections 238, 239, 240, 243, 244, and 245 of this title shall be effective July 1, 1956. EFFECTIVE DATE OF 1953 AMENDMENT Section 12 of act Aug. 8, 1953, provided that: "(a) Except where a different effective date is specified, the amendments made by the preceding sections of this Act [sections 237 (a), (b), 238, 239 (a), (c), (d), 240 (b), (c), 241, 243 (a), (d), 244 (1), (8), and 245 of this title] shall become effective July 1, 1954. In the case of any local educational agency which is entitled to payments for the fiscal year ending June 30, 1954, under section 4 (a) of the Act of September 30, 1950 [section 239 (a) of this title], as in effect prior to the enactment of this Act [Aug. 8, 1953], with respect to an increase in average daily attendance occurring in such fiscal year, such agency shall be entitled to payments for the fiscal year ending June 30, 1955, in accordance with the provisions following clause (B) of such section as amended by this Act; and for such purpose the amount to which such agency is so entitled for the fiscal year ending June 30, 1954, shall be deemed to be the product referred to in such section as amended by this Act. "(b) The amendments made by the following provisions of this Act shall become effective as of July 1, 1953: "(1) Subsections (b) and (c) of the first section [sections 237 (a), (b) of this title]; "(2) Subsections (b) (1) and (c) of section 2, and the second sentence of subsection (d) of such section 2 [sections 238 (d), (e) of this title]; "(3) Section 8 [section 241 of this title]; and "(4) Subsection (a) of section 10 [section 244(1) of this title]." § 238. Payments to local school agencies. (a) Children of persons who reside and work on Federal property; parent in uniformed services. For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year, the Commissioner shall determine the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools, resided on Federal property and (1) did so with a parent employed on Federal property situated in whole or in part in the same State as the school district of such agency or situated within reasonable commuting distance from the school district of such agency, or (2) had a parent who was on active duty in the uniformed services (as defined in section 231 of Title 37). (b) Children of persons who reside or work on Federal property. For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1966, the Commissioner shall also determine the number of children (other than children to whom subsection (a) of this section applies) who were in average daily attendance at the schools of a local educational agency, and for whom such agency provided free public education, during such fiscal year and who, while in attendance at such schools, either resided on Federal property, or resided with a parent employed on Federal property situated in whole or in part in the same State as such agency or situuated within reasonable commuting distance from the school district of such agency. A child of a parent who commenced residing in or near the school district of such an agency while assigned to employment, as a member of the Armed Forces on active duty, on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district) and who was subsequently assigned elsewhere on active duty as a member of the Armed Forces, shall continue to be considered as residing with a parent employed on |