§ 75e. Powers of Board.

For the purpose of carrying out any function authorized by section 75b of this title, the Board may

(1) purchase, accept, borrow, or otherwise acquire portraiture, statuary, and other items for preservation, exhibition, or study. The Board may acquire any such item on the basis of its general historical interest, its artistic merit, or the historical significance of the individual to which it relates, or any combination of any such factors. The Board may acquire period furniture and other items to enhance its displays of portraiture and statuary.

(2) preserve or restore any item acquired pursuant to paragraph (1).

(3) display, loan, store, or otherwise hold any such item.

(4) sell, exchange, donate, return, or otherwise dispose of any such item.

(Pub. L. 87-443, § 6, Apr. 27, 1962, 76 Stat. 63.)

§ 75f. Director; appointment and compensation; officers and employees.

(a) The Board may appoint and fix the compensation and duties of a director of the Gallery, and his appointment and salary shall not be subject to the civil-service laws or the Classification Act of 1949, as amended. The Board may employ such other officers and employees as may be necessary for the efficient administration, operation, and maintenance of the Gallery.

(b) The Board may delegate to the Secretary of the Smithsonian Institution, as well as to the Commission, any of its functions pursuant to subsection (a) of this section. (Pub. L. 87-443, § 7, Apr. 27, 1962, 76 Stat. 63.)

REFERENCES IN TEXT

The Classification Act of 1949, referred to in the text, is classified to chapter 21 of Title 5, Executive Departments and Government Officers and Employees.

§75g. Authorization of appropriations.

There are authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 75a-75g of this title. (Pub. L. 87-443, § 8, Apr. 27, 1962, 76 Stat. 63.)

NATIONAL AIR MUSEUM

§ 77. Establishment of national air museum; administration; officers and employees.

CROSS REFERENCES

National Armed Forces Museum Advisory Board establishment provisions as not rescinding National Air Museum provisions, see section 80a of this title.

NATIONAL ARMED FORCES MUSEUM
ADVISORY BOARD [New]

§ 80. National Armed Forces Museum Advisory Board. (a) Establishment; functions.

There is established in the Smithsonian Institution a National Armed Forces Museum Advisory Board (hereinafter referred to as the Board), which shall provide advice and assistance to the Regents of the Smithsonian Institution on matters concerned with the portrayal of the contributions which the Armed Forces of the United States have made to American society and culture.

(b) Membership. The Board shall be composed of eleven members, as follows:

(1) The Secretary of Defense, who shall serve as an ex officio member;

(2) The Secretary of the Smithsonian Institution, who shall serve as an ex officio member;

(3) Nine members appointed by the President, (A) three of whom shall be appointed from persons recommended by the Secretary of Defense to represent the Armed Forces, and (B) two of whom shall be appointed from among persons recommended by the Regents of the Smithsonian Institution. Not less than two members appointed by the President shall be from civilian life.

(c) Term of office; vacancies.

Members of the Board appointed by the President shall be appointed to serve for a period of 6 years; except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term and the terms of office of the members first appointed shall expire, as designated by the President at the time of appointment, three at the end of 2 years, three at the end of 4 years, and three at the end of 6 years. (d) Quorum.

Five members of the Board shall constitute a quorum and any vacancy in the Board shall not affect its power to function.

(e) Compensation, travel and other expenses.

The members of the Board shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Board.

(f) Biennial organization; rules and regulations.

The Board shall select officers from among its members biennially and shall make such bylaws, rules, and regulations as it deems necessary for the furtherance of its business. (Pub. L. 87-186, § 1, Aug. 30, 1961, 75 Stat. 414.)

§ 80a. Display of contributions of Armed Forces; study center; historical collections; National Air Museum provisions unaffected.

(a) The Smithsonian Institution shall commemorate and display the contributions made by the military forces of the Nation toward creating, developing, and maintaining a free, peaceful, and independent society and culture in the United States of America. The valor and sacrificial service of the men and women of the Armed Forces shall be portrayed as an inspiration to the present and future generations of America. The demands placed upon the full energies of our people, the hardships endured, and the sacrifice demanded in our constant search for world peace shall be clearly demonstrated. The extensive peacetime contributions the Armed Forces have made to the advance of human knowledge in science, nuclear energy, polar and space exploration, electronics, engineering, aeronautics, and medicine shall be graphically described.

The Smithsonian Institution shall interpret through dramatic display significant current problems affecting the Nation's security. It shall be equipped with a study center for scholarly research into the meaning of war, its effect on civilization, and the role of the Armed Forces in maintaining a just and lasting peace by providing a powerful deterrent to war. In fulfilling its purposes, the Smithsonian Institution shall collect, preserve, and exhibit military objects of historical interest and significance.

(b) The provisions of sections 80-80d of this title in no way rescind sections 77-77d of this title, which established the National Air Museum of the Smithsonian Institution, or any other authority of the Smithsonian Institution. (Pub. L. 87-186, § 2, Aug. 30, 1961, 75 Stat. 414.)

§ 80b. Selection of site; acquisition of lands and buildings; public exhibits and study collections; exhibits of military and naval operations.

(a) The Board of Regents of the Smithsonian Institution is authorized and directed, with the advice and assistance of the Board, to investigate and survey lands and buildings in and near the District of Columbia suitable for the display of military collections. The Board of Regents of the Smithsonian Institution shall, after consulting with and seeking the advice of the Commission on Fine Arts, the National Capital Planning Commission, and the General Services Administration, submit recommendations to the Congress with respect to the acquisition of lands and buildings for such purpose.

(b) Buildings acquired pursuant to recommendations made under subsection (a) of this section shall be used to house public exhibits and study collections that are not appropriate for the military exhibits of the Smithsonian Institution on the Mall in the District of Columbia. Facilities shall be provided for the display of large military objects and for the reconstruction, in an appropriate way, on lands acquired pursuant to recommendations made under subsection (a) of this section, of exhibits showing the nature of fortifications, trenches, and other military and naval facilities characteristic of the American colonial period, the War of the Revolution, and subsequent American military and naval operations. (Pub. L. 87–186, § 3, Aug. 30, 1961, 75 Stat. 415.)

§ 80c. Transfer or loan of objects; equipment and records to Smithsonian Institution.

The heads of executive departments and independent agencies of the Government are authorized to transfer or loan to the Smithsonian Institution for its use without charge therefor military, naval, aeronautical, and space objects, equipment and records for exhibition, historical, or other appropriate purposes. (Pub. L. 87-186, § 4, Aug. 30, 1961, 75 Stat.

415.)

§ 80d. Appropriations.

There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary for the purposes of sections 80-80d of this title. (Pub. L. 87-186, § 5, Aug. 30, 1961, 75 Stat. 415.)

Chapter 4.-NATIONAL ZOOLOGICAL PARK

§ 81. National Zoological Park; administration by Regents of Smithsonian Institution.

The National Zoological Park is placed under the direction of the Regents of the Smithsonian Institution, who are authorized to transfer to it any living specimens, whether of animals or plants, in their charge, to accept gifts for the park at their discretion, in the name of the United States, to make exchanges of specimens, and to administer and improve the said Zoological Park for the advancement of science and the instruction and recreation of the people. (As amended Oct. 4, 1961, Pub. L. 87-360, 75 Stat. 779.)

AMENDMENTS

1961-Pub. L. 87-360 inserted words "and improve" following "administer."

Chapter 6.-AMERICAN PRINTING HOUSE FOR THE BLIND

§ 101. Permanent trust fund; annual appropriation. The sum of $250,000, set apart as a perpetual trust fund for the purpose of aiding the education of the blind in the United States, through the American Printing House for the Blind, shall be credited on the books of the Treasury Department as a perpetual trust fund for that purpose, to be held by the Secretary of the Treasury; and the sum of $10,000, being equivalent to 4 per centum on the principal of said trust fund, is appropriated, out of any moneys in the Treasury not otherwise appropriated, and such appropriation shall be deemed a permanent annual appropriation and shall be expended in the manner and for the purposes authorized by sections 101, 102, and 104 of this title. In addition to the permanent appropriation of $10,000, made in this section, there is authorized to be appropriated annually to the American Printing House for the Blind such sum as the Congress may determine, which sum shall be expended in accordance with the requirements of sections 101, 102, and 104 of this title, under rules and regulations prescribed by the Secretary of Health, Education, and Welfare. (As amended Sept. 22, 1961, Pub. L. 87-294, § 4, 75 Stat. 627.)

AMENDMENTS

1961-Pub. L. 87-294 eliminated provisions which authorized an annual appropriation of not more than $400,000, inserted provisions authorizing an annual appropriation of such sum as the Congress may determine, and required expenditure of such sum under rules and regulations prescribed by the Secretary of Health, Education, and Welfare.

EFFECTIVE DATE OF 1961 AMENDMENT

Section 5 of Pub. L. 87-294 provided that: "The amendments made by this act [to this section and section 102 of this title] shall be effective immediately after the date of its enactment [Sept. 22, 1961].”

§ 102. Same; application of appropriation.

The Secretary of Health, Education, and Welfare is authorized to pay over semiannually, to the trustees of the American Printing House for the Blind, located in Louisville, Kentucky, and chartered in 1858 by the Legislature of Kentucky, upon requisi

tion of their president, countersigned by their treasurer, one-half of such annual appropriation upon the following conditions:

(2) Buildings.

Second. No part of the appropriation shall be expended in the erection or leasing of buildings; but the trustees of the American Printing House for the Blind may use each year a reasonable sum of the annual appropriation for salaries and other expenses of experts and other staff to assist special committees which may be appointed in performance of their functions, and for expenses of such special committees.

(6) Ex officio trustees.

Sixth. The superintendent of each public institution for the education of the blind (or his designee) and the chief State school officer (or his designee), of each State and possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, shall each, ex officio, be a member of the Board of Trustees of the American Printing House for the Blind only for purposes of administering sections 101, 102 and 104 of this title.

(As amended Sept. 22, 1961, Pub. L. 87-294, §§ 1-3, 75 Stat. 627.)

AMENDMENTS

1961-Pub. L. 87-294, § 1, substituted "Secretary of Health, Education, and Welfare" for "Secretary of the Treasury of the United States" and eliminated the word "permanent" which preceded "annual appropriation" in the opening clause.

Par. Second. Pub. L. 87-294, § 2, authorized the trustees to use each year a reasonable sum of the annual appropriation for salaries and other expenses of experts and other staff to assist special committees which may be appointed in performance of their functions, and for expenses of such special committees.

Par. Sixth. Pub. L. 87-294, § 3, substituted "superintendent of each public institution for the education of the blind (or his designee) and the chief State school officer (or his designee), of each State and possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, shall" for "superintendents of the various public institutions for the education of the blind in the United States shall", and limited the duties of the Board to the administration of sections 101, 102, and 104 of this title.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment of section by Pub. L. 87-294 effective immediately after Sept. 22, 1961, see section 5 of Pub. L. 87-294, set out as a note under section 101 of this title.

Sec. 127.

128.

Transfer of facilities by University or cessation of operation as teaching hospital facilities; recovery of value by United States [New].

Authorization of appropriations for partial support of operation of facilities; separate account [New]. 129. Financial policy; report to Congress [New].

§ 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 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 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 hopsital, 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.)

Chapter 12.-FOREIGN AND EXCHANGE

STUDENTS

§§ 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 of Title 31, 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, APPOINT

MENTS, 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.

Chapter 13.-FINANCIAL ASSISTANCE FOR AREAS AFFECTED BY FEDERAL ACTIVITIES

§ 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, 1965

(As amended Oct. 3, 1961, Pub. L. 87-344, title I, § 102(a), 75 Stat. 759; Dec. 18, 1963, Pub. L. 88-210, § 32, 77 Stat. 419.)

AMENDMENTS

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."

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.

§ 238. Payments to local school agencies.

(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, 1965, 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 situated 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 such Federal property for so long as the parent is so assigned elsewhere.

(d) Local contribution rate; special determination for territories.

The local contribution rate for a local educational agency (other than a local educational agency in Puerto Rico, Wake Island, Guam, or the Virgin Islands, or in a State in which a substantial proportion of the land is in unorganized territory for which a State agency is the local educational agency, or in a State in which there is only one local educational agency) for any fiscal year shall be computed by the Commissioner of Education, after consultation with the State educational agency and the local educational agency, in the following manner:

(1) he shall determine which school districts within the State are in his judgment generally comparable to the school district of the agency for which the computation is being made; and

(2) he shall then divide (A) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which he is making the computation, which the local educational agencies of such comparable school districts made from revenues derived from local sources, by (B) the aggregate number of children in average daily attendance to whom such agencies provided free public education during such second preceding fiscal year.

The local contribution rate shall be an amount equal to the quotient obtained under clause (2) of this subsection. If, in the judgment of the Commissioner, the current expenditures in those school districts which he has selected under clause (1) of this subsection are not reasonably comparable because of unusual geographical factors which affect the current expenditures necessary to maintain, in the school district of the local educational agency for which the computation is being made, a level of education equivalent to that maintained in such other districts, the Commissioner may increase the local contribution rate for such agency by such