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make distinctions or to understand subtle Col. John Keith Boles, Jr., 022025, Army titles, in which the concurrence of the ties, in a spirit reminiscent of the old fron of the United Sttaes (lieutenant colonel,
House is requested: tiersmen's motto, “The only good Indian is U.S. Army). a dead Indian.” Presidents Truman, Eisen
S. 1241. An act to require annual reports
Col. Joseph Schuyler Hardin, 023126, Army hower, and Kennedy have all understood of the United States (lieutenant colonel,
instead of quarterly reports under the Rethat Yugoslav communism is a very dif U.S. Army).
construction Finance Corporation Liquida
tion Act; ferent thing from Soviet or Chinese communism, and that Belgrade since it broke
S. 1686. An act to amend section 375 of with Moscow in 1948—has been no threat to
title 28 of the United States Code, relating the United States. If the Communist bloc HOUSE OF REPRESENTATIVES to the annuities of widows of Supreme Court is today in disarray, it is in no small meas
Justices; and ure related to the Yugoslav stand against
S. 2228. An act to change the requirements
WEDNESDAY, NOVEMBER 6, 1963 Stalinist dictation.
for the annual meeting date for national Friendship with Yugoslavia serves Amer
The House met at 12 o'clock noon. ican interests today as it has for over a decade. We fail to see why Congress can
The Chaplain, Rev. Bernard Braskamp,
The message also announced that the not understand a policy line that has been
Vice President has appointed Mr. JOHND.D., offered the following prayer:
STON and Mr. CARLSON members of the fruitful for many years—the repudiation of
James 5: 16: The supplication of a which would surely drive Belgrade closer
Joint Select Committee on the part of righteous man availeth much. than ever to MOSCOW.
the Senate, as provided for in the act Almighty God, whose divine will is the
of August 5, 1939, entitled "An act to supreme and sovereign law of the uni
provide for the disposition of certain verse, we acknowledge that we are con
records of the U.S. Government," for RECESS
strained by Thy love and compelled by the disposition of executive papers reMr. HUMPHREY. Mr. President, if our needs to turn to Thee in prayer be
ferred to in the report of the Archivist there is no further business to come be cause we have nowhere else to go and
of the United States numbered 64–6. fore the Senate, I move that the Senate Thou alone canst give us peace and stand in recess until 12 o'clock noon to power. morrow. We penitently confess that we are fac
VENUE IN TORT CLAIMS The motion was agreed to; and (at 5 ing difficult tasks and heavy responsibili The SPEAKER laid before the House o'clock and 19 minutes p.m.) the Senate ties which are chastening our spirits and the following request from the Senate: took a recess until tomorrow, Wednes- teaching us humility and bringing our
Ordered, That the Secretary of the Senate day, November 6, 1963, at 12 o'clock minds and hearts down from their pride
minds and hearts down from their pride request the House of Representatives to remeridian. and complacent self-righteousness.
turn to the Senate the bill (H.R. 2985) enGrant that we may seek Thee earnest titled “An act to amend section 1391 of title
ly, beseeching Thee to give us wisdom to 28 of the United States Code, relating to NOMINATIONS understand Thy will, insight to lead us
venue generally” together with all accomExecutive nominations received by the form our duties faithfully, and courage
panying papers. when the way is dark, strength to per
The SPEAKER. Without objection, Senate November 5 (legislative day of
to sustain us in times of tragedy and the request is granted.
There was no objection.
Create within us those desires which A motion to reconsider was laid on the The following-named officers for temporary Thou dost delight to satisfy for our con table. appointment in the Army of the United
science indicts and convicts us that we States to the grades indicated, under the
are often so self-willed and our wills are provisions of title 10, United States Code,
ELECTION OF HON. JOHN F. SHELnot in tune with Thine. sections 3442 and 3447:
In the name of our blessed Lord we of
LEY AS MAYOR OF SAN FRANCISCO To be major generals
fer our prayers and dedicate our lives. Mr. MILLER of California. Mr. Brig. Gen. Robert Howard York, 021341, Amen.
Speaker, I ask unanimous consent to Army of the United States (colonel, U.S.
address the House for 1 minute. Army). Brig. Gen. Harry William Osborn Kinnard,
The SPEAKER. Is there objection 021990, Army of the United States (lieuten
to the request of the gentleman from ant colonel, U.S. Army).
The Journal of the proceedings of
California ? Brig. Gen. Charles Edward Johnson, 3d, Monday, November 4, 1963, was read and
There was no objection. 019534, U.S. Army.
Mr. MILLER of California. Mr. Brig. Gen. George Paul Sampson, 042926, approved.
Speaker, I know the Members of the U.S. Army.
House of Representatives will be very Brig. Gen. William Carl Garrison, 030144, U.S. Army.
happy to learn that our colleague, the
MESSAGE FROM THE SENATE Brig. Gen. John Graham Zierdt, 020632,
gentleman from California, Mr. JACK Army of the United States (colonel, U.S. A message from the Senate by Mr. SHELLEY, has been elected mayor of the Army).
McGown, one of its clerks, announced city of San Francisco. The vote was To be brigadier generals
that the Senate had passed without 120,000 to 81,000. In spite of the fact
amendment bills and a concurrent resoCol. Harry George Woodbury, Jr., 021432,
that JACK had to fight an uphill battle U.S. Army
lution of the House of the following because he had none of the local newsCol. Paul Alfred Feyereisen, 039089, Army titles:
papers with him. The vote was heavy; of the United States (lieutenant colonel, H.R. 7405. An act to amend the Bretton over 70 percent of it turned out. U.S. Army).
Woods Agreements Act to authorize the U.S. Col. Byron Ludwig Steger, 019661, Medical
Governor of the International Bank for ReCorps, U.S. Army. construction and Development to vote for an
FREE WORLD SHIPS CALLING ON Col. Robert Mabry Williams, 021801, Army
increase in the Bank's authorized capital COMMUNIST CUBA'S PORTS of the United States (lieutenant colonel, stock;
Mr. ROGERS of Florida. Mr. Speaker, Judge Advocate General's Corps, U.S. Army).
H.R. 8821. An act to revise the provisions Col. George Bibbs Pickett, Jr., 023932,
I ask unanimous consent to address the of law relating to the methods by which Army of the United States (lieutenant coloamounts made available to the States pur
House for 1 minute and to revise and nel, U.S. Army). suant to the Temporary Unemployment
extend my remarks. Col. Richard George Ciccolella, 034117,
Compensation Act of 1958 and title XII of The SPEAKER. Is there objection Army of the United States (lieutenant colo
the Social Security Act are to be restored to the request of the gentleman from nel, U.S. Army). to the Treasury; and
Florida? Col. Charles Allen Corcoran, 031721, Army
H. Con. Res. 223. Concurrent resolution to There was no objection. of the United States (lieutenant colonel, provide for the printing of 3,000 additional
Mr. ROGERS of Florida. Mr. Speaker, U.S. Army).
copies of civil rights hearings. Col. Livingston Nelson Taylor, Jr., 021853,
I have long been concerned over the Army of the United States (lieutenant colo The message also announced that the number of free world ships calling on nel, U.S. Army).
Senate had passed bills of the following Communist Cuba's ports. I have repeat
edly urged that our allies end their com- 6143) to authorize assistance to public There was no objection. merce with Cuba, and have introduced and other nonprofit institutions of higher The Clerk read the statement. legislation that would bring about an education in financing the construction, The conference report and statement end of their shipping to Cuba, or loss of rehabilitation, or improvement of needed follow: the privilege of carrying goods to or from academic and related facilities in underU.S. ports.
graduate and graduate institutions and CONFERENCE REPORT (H. REPT. No. 884) The burden on Russia of having to ask unanimous consent that the state The committee of conference on the discarry more goods to Cuba is beginning ment of the managers on the part of the agreeing votes of the two Houses on the to be apparent as a result of some de- House be read in lieu of the report.
amendments of the Senate to the bill (H.R. crease in allied shipping to Cuba in the The Clerk read the title of the bill.
6143) to authorize assistance to public and
other nonprofit institutions of higher edupast 2 months. Latest reports indicate
cation in financing the construction, rehathat in September 29 allied ships called
CALL OF THE HOUSE
bilitation, or improvement of needed acaon Cuban ports, as compared to 36 Rus
demic and related facilities in undergradsian stops. October's figures, which are
Mr. GROSS. Mr. Speaker, I make the
uate and graduate institutions, having met, still incomplete, indicate that 25 calls point of order that a quorum is not after full and free conference, have agreed were made by free world ships, while present.
to recommend and do recommend to their there were 42 stops made by Russian
The SPEAKER. The gentleman from respective Houses as follows: ships at Cuba harbors. Iowa makes the point of order that a That the House recede from its disagree
ment to the amendment of the Senate to the It is clear that if allied shipping de- quorum is not present, and evidently a
text of the bill and agree to the same with creases, then Russian shipping to Cuba quorum is not present.
an amendment as follows: In lieu of the matmust increase if Castro is to be sup
Mr. ALBERT. Mr. Speaker, I move a
ter proposed to be inserted by the Senate ported. One only has to look at the call of the House.
amendment insert the following: “That this shipping figures from the beginning of
A call of the House was ordered.
Act may be cited as the 'Higher Education this year to bear out this conclusion.
The Clerk called the roll and the fol
Facilities Act of 1963'. Now is the time to end all allied shipping lowing Members failed to answer to their
"Findings and declaration of policy to Cuba, and I urge action to be taken
"SEC. 2. The Congress hereby finds that the on my bill, H.R. 7687, that will bring
security and welfare of the United States reAbernethy about an end to free world shipping to
quire that this and future generations of Anderson Hays
American youth be assured ample opportuend all of their shipping to Cuba, the Avery
Holifield St. Onge
nity for the fullest development of their Hosmer Schenck
intellectual capacities, and that this opporburden to Russia of supplying that Red Baring
Jennings Scott island will greatly increase. She will Bates
tunity will be jeopardized unless the NaJones, Ala. Shelley
tion's colleges and universities are encourhave to divert part of her fleet from
Kilburn other areas of Communist influence to
aged and assisted in their efforts to accom
modate rapidly growing numbers of youth supply Castro. Already Russia is exBurkhalter Kluczynski Slack
who aspire to a higher education. The Conpressing concern and discontent with the Burton
Smith, Iowa gress further finds and declares that these increased cost and effort to maintain celler,
needs are so great and these steps so urgent Chamberlain Lesinski Stephens Castro.
that it is incumbent upon the Nation to take Colmer
Lindsay Stubblefield As long as communism exists in this Dague Long, La. Talcott
positive and immediate action to meet these
Mailliard hemisphere, there is a constant threat to Davis, Tenn.
needs through assistance to institutions of
Martin, Mass. Thompson, N.J. higher education, including graduate and the peace and security of the United Derwinski May
Thornberry undergraduate institutions, junior and comStates. If the Congress will enact H.R. Donohue Michel
munity colleges, and technical institutes, 7687, I feel we will have taken an im- Dowdy Miller, N.Y. Ullman
in providing certain academic facilities. Everett
Moorhead Watts portant positive step toward the end of Feighan Morrison Weaver
"TITLE I--GRANTS FOR CONSTRUCTION OF UNDERCommunist domination in Cuba and its Findley Nix
GRADUATE ACADEMIC FACILITIES potential threat to this hemisphere.
Foreman O'Brien, Ill. Wharton
"SEC. 101. (a) The Commissioner of EduADJOURNMENT OVER FROM FRI
cation (hereinafter in this Act referred to
as the 'Commissioner') shall carry out during DAY TO TUESDAY NEXT
Goodling Pucinski Williams
the fiscal year ending June 30, 1964, and Mr. ALBERT. Mr. Speaker, in view Hagan, Ga. Rhodes, Ariz.
each of the four succeeding fiscal years, a of the fact that Monday next is Veterans'
program of grants to institutions of higher
The SPEAKER. On this rollcall 336 Day, I ask unanimous consent that when
education for the construction of academic the House adjourns on Friday, it ad- Members have answered to their names. facilities in accordance with this title.
A quorum is present. journ to meet on Tuesday next.
"(b) For the purpose of making grants unBy unanimous consent, further pro der this title, there is hereby authorized to Without objection, it The SPEAKER.
ceedings under the call were dispensed be appropriated the sum of $230,000,000 for is so ordered. with.
the fiscal year ending June 30, 1964, and There was no objection.
each of the two succeeding fiscal years; but
for the fiscal year ending June 30, 1967, and SUBCOMMITTEE SUBCOMMITTEE ON COMMUNICA
ON COMMERCE the succeeding fiscal year, only such sums
AND FINANCE, COMMITTEE ON IN- may be appropriated as the Congress may TIONS AND POWER, COMMITTEE
TERSTATE AND FOREIGN COM hereafter authorize by law. In addition to ON INTERSTATE AND FOREIGN
the sums authorized to be appropriated unCOMMERCE
der the preceding sentence, there is hereby
Mr. STAGGERS. Mr. Speaker, I ask authorized to be appropriated for the fiscal Mr. ROGERS of Texas. Mr. Speaker unanimous consent that the Subcommit year ending June 30, 1965, and the succeedI ask unanimous consent that the Sub- tee on Commerce and Finance of the ing fiscal year, for making such grants the committee on Communications and Committee on Interstate and Foreign
difference (if any) between the sums auPower of the Committee on Interstate Commerce be permitted to sit during gen
thorized to be appropriated under the preand Foreign Commerce be permitted to eral debate this afternoon.
ceding sentence for preceding fiscal years and sit this afternoon during general debate. The SPEAKER. Is there objection to propriated for such preceding years under
the aggregate of the sums which were apThe SPEAKER. Is there objection to the request of the gentleman from West such sentence. the request of the gentleman from Texas? Virginia?
"(c) Sums appropriated pursuant to subThere was no objection.
There was no objection.
section (b) of this section shall remain avail
able for reservation as provided in section 109 CONFERENCE REPORT ON H.R. 6143,
until the close of the fiscal year next suc
COLLEGE ACADEMIC FACILITIES COLLEGE ACADEMIC FACILITIES
ceeding the fiscal year for which they were ACT
appropriated. ACT The SPEAKER. Is there objection to
“Allotments Mr. POWELL. Mr. Speaker, I call up the request of the gentleman from New "SEC. 102. Of the funds appropriated purthe conference report on the bill (H.R. York?
suant to section 101 for any fiscal year, 22
per centum shall be allotted among the "(2) The allotment ratios shall be promul delay any amounts so reallotted for providStates in the manner prescribed by section gated by the Commissioner as soon as pos ing academic facilities for institutions of 103 for use in providing academic facilities sible after enactment of this Act, and an higher education other than public commufor public community colleges and public nually thereafter, on the basis of the aver nity colleges and public technical institutes. technical institutes. The remainder of the age of the incomes per person of the States Amounts reallotted under this subsection funds so appropriated shall be allotted and of all the States for the three most re shall be available for reservation until the among the States in the manner as pre- cent consecutive calendar years for which close of the fiscal year next succeeding the scribed in section 104 for use in providing satisfactory data are available from the De fiscal year for which they were originally academic facilities for institutions of higher partment of Commerce.
allotted. education other than public community col “(3) The term 'high school graduate'
“State commissioners and plans leges and public technical institutes. means a person who has received formal rec
"SEC. 105. (a) Any State desiring to par“Allotments to States for public community ognition (by diploma, certificate, or similar Colleges and Public Technical Institutes means) from an approved school for success
ticipate in the grant program under this title ful completion of four years of education be
shall designate for that purpose an existing “SEC. 103. (a) The funds to be allotted for yond the first eight years of schoolwork, or
State agency which is broadly representative any fiscal year for use in providing academic for demonstration of equivalent achieve
of the public and of institutions of higher facilities for public community colleges and ment. For the purposes of this section the
education (including junior colleges and public technical institutes shall be allotted number of high school graduates shall be
technical institutes) in the State, or, if no among the States on the basis of the income limited to the number who graduated in the
such State agency exists, shall establish such per person and the number of high school most recent school year for which satisfac a State agency, and submit to the Commisgraduates of the respective States. Such al
tory data are available from the Department sioner through the agency so designated or lotments shall be made as follows: The Com- of Health, Education, and Welfare. The
established (hereinafter in this title referred missioner shall allot to each State for each interpretation of the definition of 'high
to as the 'State commission'), a State plan fiscal year an amount which bears the same school graduate' shall fall within the au
for such participation. The Commissioner ratio to the funds being allotted as the prod- thority of the Commissioner.
shall approve any such plan whichuct of—
“(1) provides that it shall be adminis“(1) the number of high school graduates “Allotments to States for institutions of
tered by the State commission; of the State, and
higher education other than public com
“(2) sets forth, consistently with basic "(2) The State's allotment ratio (as deter
munity colleges and public technical in
criteria prescribed by regulation pursuant mined under subsection (d)) bear to the sum
to section 107, objective standards and of the corresponding products for all the "SEC. 104. (a) of the funds to be allotted methods (A) for determining the relative States.
for any fiscal year for use in providing aca priorities of eligible projects for the con“(b) The amount of each allotment to a demic facilities for institutions of higher struction of academic facilities submitted by State under this section shall be available,
education other than public community col institutions of higher education within the in accordance with the provisions of this leges and public technical institutes (1) one
State, and (B) for determining the Federal title, for payment of the Federal share (as half shall be allotted by the Commissioner
share of the development cost of each such determined under sections 108(b) (3) and among the States so that the allotment to project other than a project for a public 401(d)) of the development cost of approved each State under this clause will be an
community college or public technical instiprojects for the construction of academic amount which bears the same ratio to such
tute (unless such plan provides for a uniform facilities within such State for public com one-half as the number of students enrolled Federal share for all such projects); munity colleges and public technical in in institutions of higher education in such “(3) provides that the funds allotted (or stitutes. Sums allotted to a State for the States bears to the total number of students
reallotted) for any year under section 103 fiscal year ending June 30, 1964, shall remain enrolled in such institutions in all the will be available only for use for the conavailable for reservation as provided in sec States; and (2) the remaining one-half shall
struction of academic facilities for public tion 109 until the close of the next fiscal be allotted by him among the States so that
community colleges and public technical inyear, in addition to the sums allotted to such the allotment to each State under this clause
stitutes, and that funds allotted (or realState for such next fiscal year. will be an amount which bears the same
lotted) for any year to the State under sec"(c) All amounts allotted under this sec- ratio to such remainder as the number of tion 104 will be available only for use for the tion for the fiscal year ending June 30, 1965, students enrolled in grades nine to twelve
construction of academic facilities for instiand the succeeding fiscal year, which are not (both inclusive) of schools in such State tutions of higher education other than pubreserved as provided in section 109 by the
bears to the total number of students in lic community colleges and public technical close of the fiscal year for which they are
such grades in schools in all the States. For institutes; allotted, shall be reallotted by the Commis
the purposes of this subsection, (A) the “(4) provides (A) for assigning priorities sioner, on the basis of such factors as he
number of students enrolled in institutions solely on the basis of such criteria, standdetermines to be equitable and reasonable, of higher education shall be deemed to be
ards, and methods to eligible projects subamong the States which, as determined by equal to the sum of (i) the number of full
mitted to the State commission and deemed the Commissioner, are able to use without time students and (ii) the full-time equiva
by it to be otherwise approvable under the delay any amounts so reallotted for provid- lent of the number of part-time students as
provisions of this title; and (B) for approving academic facilities for public community determined by the Commissioner in accord ing and recommending to the Commissioner, colleges or public technical institutes.
ance with regulations; and (B) determina in the order of such priority, applications Amounts reallotted under this subsection
tions as to enrollment under either clause covering such eligible projects, and for certishall be available for reservation until the
(1) or clause (2) of this subsection shall be fying to the Commissioner the Federal share, close of the fiscal year next succeeding the
made by the Commissioner on the basis of determined by the State commission under fiscal year for which they were originally data for the most recent year for which
the State plan, of the development cost of allotted.
satisfactory data with respect to such en the project involved; "(d) For purposes of this sectionrollment are available to him.
“(5) provides for affording to every appli"(1) The 'allotment ratio' for any State
"(b) The amount of each allotment to a cant, which has submitted to the State comshall be 1.00 less the product of (A) .50 and
State under this section shall be available, in mission a project, an opportunity for a fair (B) the quotient obtained by dividing the
accordance with the provisions of this title, hearing before the State commission as to income per person for the State by the in- for payment of the Federal share (as deter- the priority assigned to such project or as to come per person for all the States (not in
mined under sections 108(b) (3) and 401(d)) any other determination of the State .comcluding Puerto Rico, the Virgin Islands,
of the development cost of approved projects mission adversely affecting such applicant; American Samoa, and Guam), except that for the construction of academic facilities and (i) the allotment ratio shall in no case be
within such State for institutions of higher “(6) provides (A) for such fiscal control less than .3313 or more than .6643, (ii) the
education other than public community col- and fund accounting procedures as may be allotment ratio for Puerto Rico, the Virgin leges and public technical institutes. Sums necessary to assure proper disbursement of Islands, American Samoa, and Guam shall allotted to a State for the fiscal year ending and accounting for Federal funds paid to be .6623, and (iii) the allotment ratio of any June 30, 1964, shall remain available for res- the State commission under this title, and State shall be .50 for any fiscal year if the ervation as provided in section 109 until the (B) for the making of such reports, in such Commissioner finds that the cost of school close of the next fiscal year, in addition to form and containing such information, as construction in such State exceeds twice the the sums allotted to such State for such next may be reasonably necessary to enable the median of such costs in all the States as fiscal year.
Commissioner to perform his functions under determined by him on the basis of an index "(c) All amounts allotted under this sec this title. of the average per pupil cost of constructing tion for the fiscal year ending June 30, 1965, “(b) The Commissioner is authorized to minimum school facilities in the States as
and the succeeding fiscal year, which are not expend not exceeding $3,000,000 during each determined for such fiscal year under sec
reserved as provided in section 109 by the of the first two fiscal years of the program tion 15(6) of the Act of September 23, 1950, close of the fiscal year for which they are under this title in such amounts as he may as amended (20 U.S.C. 645), or, in the Com- allotted, shall be reallotted by the Commis
consider necessary for the proper and efficient missioner's discretion, on the basis of such sioner, on the basis of such factors as he administration of the State plans approved index and such other statistics and data as determines to be equitable and reasonable, under this title, including expenses which the Commissioner shall deem adequate and among the States which, as determined by he determines were necessary for the preparaappropriate; and
the Commissioner, are able to use without tion of such plans.
"Eligibility for grants
mation as may be required by or pursuant to without first affording the State commission "SEC. 106. An institution of higher educa- regulation for the purpose of enabling the submitting the plan reasonable notice and tion shall be eligible for a grant for con- Commissioner to make the determinations opportunity for a hearing. struction of an academic facility under this required to be made by him under this title. "(b) Whenever the Commissioner, after title (1) in the case of an institution of
"(b) The Commissioner shall approve an reasonable notice and opportunity for hearhigher education other than a public com- application covering a project for construc ing to the State commission administering a
State plan approved under this title, findsmunity college or public technical institute, tion of an academic facility and meeting the only if such construction is limited to struc- requirements prescribed pursuant to subsec “(1) that the State plan has been so tures, or portions thereof, especially designed tion (a) if
changed that it no longer complies with the for instruction or research in the natural or
"(1) the project is an eligible project as provisions of section 105(a), or physical sciences, mathematics, modern for determined under section 106;
“(2) that in the administration of the eign languages, or engineering, or for use as “(2) the project has been approved and plan there is a failure to comply substana library, and (2) only if such construction recommended by the appropriate State com tially with any such provision, will, either alone or together with other conmission;
the Commissioner shall notify such State struction to be undertaken within a reason “(3) the State commission has certified commission that the State will not be reable time, (A) result in an urgently needed to the Commissioner, in accordance with the garded as eligible to participate in the prosubstantial expansion of the institution's State plan, the Federal share of the develop gram under this title until he is satisfied student enrollment capacity, or (B) in the ment cost of the project, and sufficient funds that there is no longer any such failure to
comply. case of a new institution of higher education, to pay such Federal share are available from result in creating urgently needed enrollment the applicable allotment of the State (in
"Judicial review capacity. cluding any applicable reallotment to the
"SEC. 111. (a) If any State is dissatisfied State); "Basic criteria for determining priorities and
with the Commissioner's final action with "(4) the project has, pursuant to the respect to the approval of its State plan Federal share
State plan, been assigned a priority that is submitted under section 105(a) or with his "SEC. 107. (a) As soon as practicable after higher than that of all other projects within final action under section 110(b), such State the enactment of this Act the Commissioner such State (chargeable to the same allot may appeal to the United States court of shall by regulation prescribe basic criteria to ment) which meet all the requirements of appeals for the circuit in which such State which the provisions of State plans setting this section (other than this clause) and is located. The summons and notice of apforth standards and methods for determin for which Federal funds have not yet been peal may be served at any place in the United ing relative priorities of eligible construction reserved;
States. The Commissioner shall forthwith projects, and the application of such stand “(5) the Commissioner determines that certify and file in the court the transcript ards and methods to such projects under
the construction will be undertaken in an of the proceedings and the record on which such plans, shall be subject. Such basic economical manner and will not be of elab he based his action. criteria (1) shall be such as will best tend
orate or extravagant design or materials; "(b) The findings of fact by the Commisto achieve the objectives of this title while and
sioner, if supported by substantial evidence, leaving opportunity and flexibility for the “(6) the Commissioner determines that shall be conclusive; but the court, for good development of State plan standards and (in addition to the assurance required by cause shown, may remand the case to the methods that will best accommodate the section 403 and such assurance as to title Commissioner to take further evidence, and varied needs of institutions in the several to the site as he may deem necessary) the the Commissioner may thereupon make new States, and (2) shall give special considera application contains or is by supported by or modified findings of fact and may modify tion to expansion of undergraduate enrollsatisfactory assurances
his previous action, and shall certify to the ment capacity. Subject to the foregoing re "(A) that Federal funds received by the court the transcript and record of the furquirements, such regulations may establish applicant will be used solely for defraying ther proceedings. Such new or modified additional and appropriate basic criteria, in- the development cost of the project covered findings of fact shall likewise be conclusive cluding provision for considering the degree by such application,
if supported by substantial evidence. to which applicant institutions are effectively “(B) that sufficient funds will be avail "(c) The court shall have jurisdiction to utilizing existing facilities, provision for al
able to meet the non-Federal portion of such affirm the action of the Commissioner or to lowing State plans to group or provide for cost and to provide for the effective use of set it aside, in whole or in part. The judggrouping, in a reasonable manner, facilities the academic facility upon completion, and ment of the court shall be subject to review or institutions according to functional or "(C) that the facility will be used as an by the Supreme Court of the United States educational type for priority purposes, and academic facility during at least the period upon certiorari or certification as provided in view of the national objectives of this
Act, of the Federal interest therein (as defined in title 28, United States Code, section 1254. provision for considering the degree to which in section 404). the institution serves students from two or
"TITLE II-GRANTS FOR CONSTRUCTION OF
"(c) Amendments of applications shall, more States or from outside the United except as the Commissioner may otherwise
GRADUATE ACADEMIC FACILITIES States; and in no event shall an institution's provide by or pursuant to regulation, be sub
"Appropriations authorized readiness to admit such out-of-State stu- ject to approval in the same manner as orig
“SEC. 201. In order to increase the supply dents be considered as a priority factor ad- inal applications.
of highly qualified personnel critically verse to such institution.
needed by the community, industry, govern“(b) The Commissioner shall further pre
"Amount of grant-Payment
ment, research, and teaching, the Commisscribe by regulation the basic criteria for "Sec. 109. Upon his approval of any ap sioner shall, during the fiscal year ending determining the Federal share of the develop- plication for a grant under this title, the June 30, 1964, and each of the four succeedment cost of any eligible project under this Commissioner shall reserve from the ap ing fiscal years, make construction grants to title within a State other than a project for plicable allotment (including any applicable assist institutions of higher education to ima public community college or public tech- reallotment) available therefor, the amount prove existing graduate schools and cooperanical institute, to which criteria the ap- of such grant, which (subject to the limits tive graduate centers, and to assist in the plicable standards and methods set forth in of such allotment or reallotment) shall be establishment of graduate schools and cothe State plan for such State shall conform equal to the Federal share (ascertained by operative graduate centers of excellence. in the absence of a uniform statewide Fed him under section 108(b) (3)) of the devel For the purpose of making grants under this eral share specified in or pursuant to such opment cost of the project covered by such title, there is hereby authorized to be approplan. In the case of a project for an insti- application. The Commissioner shall pay priated the sum of $25,000,000 for the fiscal tution of higher education other than a such reserved amount, in advance or by way year ending June 30, 1964, and the sum of public community college or public technical of reimbursement, and in such installments $60,000,000 each for the fiscal year ending institute, the Federal share shall in no event consistent with construction progress, as he June 30, 1965, and the succeeding fiscal year, exceed 3313 per centum of its development may determine. The Commissioner's res but for the fiscal year ending June 30, 1967, cost; and in the case of a project for a public ervation of any amount under this section
and the succeeding fiscal year, only such community college or public technical insti- may be amended by him, either upon ap sums may be appropriated as the Congress tute, the Federal share shall be 40 per centum proval of an amendment of the application may hereafter authorize by law. Sums so of its development cost.
covering such project or upon revision of the appropriated for the fiscal year ending June "(c) Section 4 of the Administrative Pro- estimated development cost of a project 30, 1964, shall remain available for grants cedure Act shall apply to the prescription of with respect to which such reservation was under this title until the end of the next sucregulations under this section, notwithstand- made, and in the event of an upward re ceeding fiscal year. ing the provisions of clause (2) thereof. vision of such estimated cost approved by
"Grants “Applications for grants and conditions for him he may reserve the Federal share of the
"SEC. 202. (a) Grants under this title may approval
added cost only from the applicable allot"SEC. 108. (a) Institutions of higher edu- of such approval. ment (or reallotment) available at the time
be made to institutions of higher education
and to cooperative graduate center boards cation which desire to obtain grants under
to assist them to meet the development costs this title shall submit applications therefor
“Administration of State plans
for projects for construction of academic at such time or times and in such manner as "SEC. 110. (a) The Commissioner shall not facilities for graduate schools and cooperamay be prescribed by the Commissioner, and finally disapprove any State plan submitted tive graduate centers. Such grants may be such applications shall contain such infor- under this title, or any modification thereof, made only upon application therefor at such
time or times, in such manner, and contain- loans to institutions of higher education or "(1) prescribe such rules and regulations ing or accompanied by such information as higher education building agencies within as may be necessary to carry out the purposes the Commissioner finds necessary to deter- any one State.
of this title; mine eligibility for the grants and the "Eligibility conditions, amounts, and terms
"(2) sue and be sued in any court of amounts thereof.
record of a State having general jurisdiction “(b) Grants under this title for construc
“SEC. 303. (a) No loan pursuant to this
or in any district court of the United States, tion of academic facilities may not exceed 3343 per centum of the development cost of title shall be made unless
the commissioner tion of civil actions arising under this title any such construction project.
without regard to the amount in controversy, "(c) (1) The Commissioner shall not ap
the development cost of the facility will be
and any action instituted under this subprove any application for a grant under this
section by or against the Commissioner shall title without the advice of the Advisory
the applicant is unable to secure the Committee established under section 203. amount of such loan from other sources
survive notwithstanding any change in the
person occupying the office of Commissioner “(2) In determining whether to approve
upon terms and conditions equally as favor-
or any vacancy in such office; but no attachapplications for grants under this title, the order in which to approve such applica
to loans under this title, and (3) that the
similar process, mesne or final, shall be istions, and the amount of the grants, the
sued against the Commissioner or property nomical manner and that it will not be of Commissioner shall give consideration to the elaborate or extravagant design or materials.
under his control, and nothing herein shall extent to which such projects will contribute
be construed to except litigation arising out to achieving the objectives of this title and
“(b) A loan pursuant to this title shall
of activities under this title from the apalso the extent to which they will aid in be secured in such manner, and shall be attaining a wider distribution throughout fifty years, as may be determined by the
plication of sections 507(b) and 2679 of title repaid within such period not exceeding
28 of the United States Code and of section the United States of graduate schools and
367 of the Revised Statutes (5 U.S.C. 316); cooperative graduate centers. Commissioner; and shall bear interest at a
“(3) foreclose on any property or comrate determined by the Commissioner which "(d) Notwithstanding the other provisions
mence any action to protect or enforce any of this title the total of the payments from shall not be less than a per annum rate
that is one-quarter of i percentage point right conferred upon him by any law, conthe appropriations for any fiscal year under above the average annual interest rate on
tract, or other agreement, and bid for and this title made with respect to projects in all interest-bearing obligations of the United purchase at any foreclosure or any other sale any State may not exceed an amount equal States forming a part of the public debt any property in connection with which he to 1242 per centum of such appropriation. as computed at the end of the preceding
has made a loan pursuant to this title; and, "Advisory committee fiscal year, adjusted to the nearest one
in the event of any such acquisition and
notwithstanding any other provisions of law "SEC. 203. (a) There is hereby established eighth of 1 per centum. in the Office of Education an Advisory Com "(c) The Commissioner shall, during the relating to the acquisition, handling, or dismittee on Graduate Education, consisting fiscal year ending June 30, 1964, and each of
posal of real property by the United States), of the Commissioner, who shall be Chairman; the four succeeding fiscal years, make loans
complete, administer, remodel and convert, one representative from the Office of Science to institutions of higher education for the dispose of, lease, and otherwise deal with, and Technology in the Executive Office of construction of academic facilities in accord
such property: Provided, That any such acthe President; one from the National Science ance with the provisions of this title. For quisition of real property shall not deprive Foundation; and eight members appointed, the purpose of making loans under this title,
any State or political subdivision thereof without regard to the civil service laws, by there is hereby authorized to be appro
of its civil or criminal jurisdiction in and the Commissioner with the approval of the priated the sum of $120,000,000 for the fiscal
over such property or impair the civil rights Secretary of Health, Education, and Welfare. year ending June 30, 1964, and each of the
under the State or local laws of the inhabitSuch appointed members shall be selected two succeeding fiscal years; but for the fiscal
ants on such property; from leading authorities in the field of edu. year ending June 30, 1967, and the succeed
"(4) sell or exchange at public or private cation, at least three of whom shall be from ing fiscal year, only such sums may be
sale, or lease, real or personal property, and the field of the humanities, with at least appropriated as the Congress may hereafter
sell or exchange any securities or obligations, one of these three from a graduate school authorize by law. In addition to the sums
upon such terms as he may fix; of education. authorized to be appropriated under the
“(5) subject to the specific limitations in "(b) The Advisory Committee shall advise preceding sentence, there is hereby author
this title, consent to the modification, with the Commissioner (1) on the action to be ized to be appropriated for the fiscal year respect to the rate of interest, time of paytaken with regard to each application for ending June 30, 1965, and the succeeding ment of any installment of principal or a grant under this title, and (2) in the fiscal year, for making such loans the differ
interest, security, or any other term of any preparation of general regulations and with ence (if any) between the sums authorized contract or agreement to which he is a party respect to policy matters arising in the ad to be appropriated under the preceding
or which has been transferred to him purministration of this title, including the de sentence for preceding fiscal years and the suant to this section; and velopment of criteria for approval of applica- aggregate of the sums which were appro
“(6) include in any contract or instrutions thereunder. The Advisory Committee priated for such preceding years under such ment made pursuant to this title such other may appoint such special advisory and tech- sentence.
covenants, conditions, or provisions (includnical experts and consultants as may be use “General provisions for loan program
ing provisions designed to assure against use ful in carrying out its functions.
of the facility, constructed with the aid of "(c) Members of the Advisory Committee of the Commissioner as the making of loans
"SEC. 304. (a) Such financial transactions a loan under this title, for purposes deand special advisory and technical experts and vouchers approved by the Commissioner
scribed in section 401(a) (2)) as he may deem and consultants appointed pursuant to sub
necessary to assure that the purposes of this in connection with such financial transacsection (b) shall, while serving on the busi
title will be achieved. tions, except with respect to administrative ness of the Advisory Committee, be entitled
"TITLE IV-GENERAL PROVISIONS to receive compensation at rates fixed by the
expenses, shall be final and conclusive on
"(b) The Commissioner is authorized (1) "SEC. 401. As used in this Act
“(a) (1) Except as provided in subparatheir homes or regular places of business, judgment, would be adequate in the aggre- graph (2) of this paragraph, the term 'acathey may be allowed travel expenses, includ
gate to cover necessary expenses of making demic facilities' means structures suitable ing per diem in lieu of subsistence, as au
inspections (including audits) and providing for use as classrooms, laboratories, libraries, thorized by section 5 of the Administrative
representatives at the site of projects in and related facilities necessary or approExpenses Act of 1946 (5 U.S.C. 73b-2) for per
connection with loans under this title, and priate for instruction of students, or for sons in the Government service employed (2) to condition the making of such loans research, or for administration of the eduintermittently.
on agreement by the applicant to pay such cational or research programs, of an institu
fees. For the purpose of providing such tion of higher education, and maintenance, "TITLE III—LOANS FOR CONSTRUCTION OF services, the Commissioner may, as author storage, or utility facilities essential to operaACADEMIC FACILITIES
ized by section 402(b), utilize any agency, tion of the foregoing facilities. "Lending authority
and such agency may accept reimbursement “(2) The term 'academic facilities' shall "SEC. 301. The Commissioner may, in or payment for such services from such ap- not include (A) any facility intended priaccordance with the provisions of this title, plicant or from the Commissioner, and marily for events for which admission is to make loans to institutions of higher educa- shall, if a Federal agency, credit such be charged to the general public, or (B) any tion or to higher education building agencies amounts to the appropriation or fund gymnasium or other facility specially defor construction of academic facilities.
against which expenditures by such agency signed for athletic or recreational activities, for such services have been charged.
other than for an academic course in physi"Loan limit for any State
"(c) In the performance of, and with cal education or where the Commissioner “Sec. 302. Not more than 1242 per respect to the functions, powers, and duties finds that the physical integration of such centum of the funds provided for in this vested in him by this title, the Commissioner facilities with other academic facilities intitle in the form of loans shall be used for may
cluded under this Act is required to carry