20 U.S.C. § 123 — Annual appropriations; inspection by Sec-

Page 88 TITLE 20—EDUCATION § 122 Functions of Department of the Interior relating to administration of Howard University transferred to Federal Security Agency to be administered under di- rection and supervision of Federal Security Adminis- trator, and annual report required to be furnished to Secretary of the Interior by President and directors of said University was directed to be furnished to Federal Security Administrator, by Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5. § 122. Limitation on use of appropriations No part of the appropriations made by Con- gress 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, denomina- tional, or religious instruction therein; and no part thereof shall be paid to said university until it shall accord to the Secretary of Edu- cation, or to his designated agent or agents, au- thority to visit and inspect such university and to control and supervise the expenditure therein of all moneys paid under said appropriations. (Mar. 3, 1899, ch. 424, 30 Stat. 1101; 1940 Reorg. Plan No. IV, § 11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.) Editorial Notes PRIOR PROVISIONS Similar prior provisions were contained in act July 1, 1898, ch. 546, 30 Stat. 624. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Education’’ substituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursu- ant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred all functions of Sec- retary of Health, Education, and Welfare under this subchapter to Secretary of Education. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. Federal Security Agency and office of Admin- istrator abolished by section 8 of Reorg. Plan No. 1 of 1953. Functions of Department of the Interior relating to administration of Howard University transferred to Federal Security Agency to be administered under di- rection and supervision of Federal Security Adminis- trator by Reorg. Plan No. IV of 1940, set out as a note in the Appendix to Title 5. § 123. Annual appropriations; inspection by Sec- retary of Education Annual appropriations are authorized to aid in the construction, development, improvement, endowment, and maintenance of the university, no part of which shall be used for religious in- struction. The university shall at all times be open to inspection by the Secretary of Edu- cation and shall be inspected by the said Sec- retary at least once each year. (Mar. 2, 1867, ch. 162, § 8, 14 Stat. 439; Dec. 13, 1928, ch. 26, 45 Stat. 1021; 1940 Reorg. Plan No. IV, § 11(c), eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; Aug. 7, 1946, ch. 770, § 1(60), 60 Stat. 871; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692; Pub. L. 98–480, title II, § 208, Oct. 17, 1984, 98 Stat. 2247.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–480 inserted ‘‘endowment,’’ after ‘‘im- provement,’’. 1946—Act Aug. 7, 1946, repealed third sentence which required that an annual report of the affairs of the uni- versity be presented to Congress in the report of Office of Education. 1928—Act Dec. 13, 1928, authorized annual appropria- tions for the university, prohibited use of funds for reli- gious instruction, made the university subject to in- spection at least once a year by the Bureau of Edu- cation, and substituted provision that the annual re- port of the university’s affairs be presented to Congress by the Bureau for provision that the Board of Trustees publish such an annual report. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–480 effective Oct. 1, 1984, see section 209 of Pub. L. 98–480, set out as an Effective Date note under section 130aa of this title. TRANSFER OF FUNCTIONS ‘‘Secretary of Education’’ substituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursu- ant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88 which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred all functions of Sec- retary of Health, Education, and Welfare under this subchapter to Secretary of Education. Office of Education created and placed in Department of the Interior by the act of July 20, 1868, ch. 176, 15 Stat. 106, which abolished the Department of Edu- cation. In the appropriation act of July 12, 1870, ch. 251, 16 Stat. 242, the Office was designated the Bureau of Education. This designation was retained until the act of May 14, 1930, ch. 273, 46 Stat. 281, 319, which made ap- propriations for the ‘‘Office of Education.’’ Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. Fed- eral Security Agency and office of Administrator abol- ished by section 8 of Reorg. Plan No. 1 of 1953. Office of Education transferred to Federal Security Agency by Reorg. Plan No. I of 1939, §§ 201, 204, eff. July 1, 1939, set out in the Appendix to Title 5. REPORTS CONTINUED Office of Education was directed to continue its in- spections of Howard University in accordance with pro- visions of existing law, by Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5, Government Organi- zation and Employees. Page 89 TITLE 20—EDUCATION § 125 § 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 Univer- sity, 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 How- ard University, without reimbursement, all right, title, and interest of the United States in certain lands in the District of Columbia, to- gether with the buildings and improvements thereon and the personal property used in con- nection therewith (as determined by the Sec- retary), commonly known as Freedmen’s Hos- pital. (b) Congressional intent It is the intent of Congress (1) that the trans- fer of Freedmen’s Hospital to Howard University be effected as soon as practicable, (2) to assure the well-being of patients at Freedmen’s Hos- pital during the period of transition, and (3) that the transfer be effected with minimum disloca- tion of the present hospital staff and maximum consideration of their interests as employees. (c) Report to Congress The Secretary of Health, Education, and Wel- fare shall report to the Congress the terms of the agreement for such transfer. (Pub. L. 87–262, § 1, Sept. 21, 1961, 75 Stat. 542.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Edu- cation, and Welfare transferred to Secretary of Edu- cation by section 3441(a)(2)(M) of this title. REPEAL OF LAWS APPLICABLE TO FREEDMEN’S HOSPITAL Pub. L. 87–262, § 7, Sept. 21, 1961, 75 Stat. 544, provided that: ‘‘All laws heretofore applicable specifically to Freedmen’s Hospital are, to the extent of such applica- bility, repealed, effective with the transfer of Freed- men’s Hospital pursuant to section 1 [this section].’’ TRANSFER OF FUNDS Pub. L. 87–262, § 8, Sept. 21, 1961, 75 Stat. 544, provided that: ‘‘All unexpended balances of appropriations, allo- cations, and other funds, available or to be made avail- able, 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 fa- cilities, except to the extent (determined by the Direc- tor of the Bureau of the Budget [Director of the Office of Management and Budget]) required to meet obliga- tions already incurred and not assumed by the univer- sity.’’ § 125. Employees of hospital (a) Opportunity to transfer; guarantee of rights and benefits The agreement for transfer of Freedmen’s Hos- pital referred to in section 124 of this title 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 re- ferred to in section 8348 of title 5, the em- ployee deductions and agency contributions required by subchapter III of chapter 83 of title 5, and (ii) in the fund referred to in sec- tion 8714 of title 5, the employee deductions and agency contributions required by chap- ter 87 of title 5. (C) will provide other benefits for such em- ployees as nearly equivalent as may be prac- ticable 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 Fed- eral 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 Uni- versity. (c) Services performed in the employ of United States Each individual who is an employee of Freed- men’s Hospital on September 21, 1961 and who transfers to Howard University shall, so long as he is continuously in the employ of Howard Uni- versity, be regarded as continuing in the employ of the United States for the purposes of sub- chapter III of chapter 83 of title 5, chapter 87 of title 5. 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 employ- ment 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; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes CODIFICATION In subsec. (a)(2)(B), ‘‘civil service retirement and dis- ability fund referred to in section 8348 of title 5’’ sub-