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out the objectives of this Act, or (C) any facility used or to be used for sectarian instruction or as a place for religious worship, or (D) any facility which (although not a facility described in the preceding clause) is used or to be used primarily in connection with any part of the program of a school or department of divinity, or (E) any facility used or to be used by a 'school of medicine,' 'school of dentistry,' 'school of osteopathy,' 'school of pharmacy,' 'school of optometry,' 'school of podiatry,' 'school of nursing,' or 'school of public health,' as defined in section 724 of the Public Health Service Act. For the purposes of this subparagraph, the term 'school or department of divinity' means an institution, or a department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects.

"(b) (1) The term 'construction' means (A) erection of new or expansion of existing structures, and the acquisition and installation of initial equipment therefor; or (B) acquisition of existing structures not owned by the institution involved; or (C) rehabilitation, alteration, conversion, or improvement (including the acquisition and installation of initial equipment, or modernization or replacement of built-in equipment) of existing structures; or (D) a combination of any two or more of the foregoing.

"(2) The term 'equipment' includes, in addition to machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books, curricular and program materials, and items of current operating expense such as fuel, supplies, and the like; the term 'initial equipment' means equipment acquired and installed in connection with construction as defined in paragraph (1) (A) or (B) of this subsection or, in cases referred to in paragraph (1)(C), equipment acquired and installed as part of the rehabilitation, alteration, conversion, or improvement of an existing structure which structure would otherwise not be adequate for use as an academic facility; and the terms 'equipment,' 'initial equipment,' and 'built-in equipment' shall be more particularly defined by the Commissioner by regulation.

"(c) The term 'development cost,' with respect to an academic facility, means the amount found by the Commissioner to be the cost, to the applicant for a grant or loan under this Act, of the construction involved and the cost of necessary acquisition of the land on which the facility is located and of necessary site improvements to permit its use for such facility, but excluding any cost incurred before, or under a contract entered into before, the enactment of this Act. There shall further be excluded from the development cost

"(1) in determining the amount of any grant under title I or II of this Act, an amount equal to the sum of (A) any Federal grant which the institution has obtained, or is assured of obtaining, under any law other than this Act, with respect to the construction that is to be financed with the aid of a grant under title I or II of this Act, and (B) the amount of any non-Federal funds required to be expended as a condition of such other Federal grant; and

"(2) in determining the amount of any loan under title III of this Act, an amount equal to the amount of any Federal financial assistance which the institution has obtained, or is assured of obtaining, under any law other than this Act, with respect to the construction that is to be financed with the aid of a loan under title III of this Act.

"(d) The term 'Federal share' means, in the case of a project for an institution of higher education other than a public community college or public technical institute, a percentage (as determined under the applicable State plan) not in excess of 33% per centum of its development cost; and such term means, in the case of a public community college or public technical institute, 40 per centum of its development cost.

"(e) The term 'higher education building agency' means (1) an agency, public authority, or other instrumentality of a State authorized to provide, or finance the construction of, academic facilities for institutions of higher education (whether or not also authorized to provide or finance other facilities for such or other educational institutions, or for their students or faculty), or (2) any corporation (no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual) (A) established by an institution of higher education for the sole purpose of providing academic facilities for the use of such institution, and (B) upon dissolution of which all title to any property purchased or built from the proceeds of any loan made under title III of this Act will pass to such institution.

"(f) The term 'institution of higher education' means an educational institution in any State which

"(1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;

"(2) is legally authorized within such State to provide a program of education beyond high school;

"(3) provides an educational program for which it awards a bachelor's degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge;

"(4) is a public or other nonprofit institution; and

"(5) is accredited by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited: Provided, however, That in the case of an institution offering a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or technological fields which require the understanding and application of basic mathematical engineering, scientific, or principles or knowledge, if the Commission

determines there is no nationally recognized accrediting agency or association qualified to accredit such institutions, he shall, under section 402(c), appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribe the standards of content, scope, and quality which must be met in order to qualify such institutions for assistance under this Act and shall also determine whether particular institutions meet such standards: Provided, however, That the requirements of this clause (5) shall be deemed to be satisfied in the case of an institution applying for assistance under this Act, if the Commissioner

determines that there is satisfactory assurance that upon completion of the project for which such assistance is requested, or upon completion of that project and others under construction or planned and to be commenced within a reasonable time, the institution will meet such requirements; and for the purposes of this paragraph the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of education or training offered.

"(g) The term 'public community college and public technical institute' means an institution of higher education which is under public supervision and control and is organized and administered principally to provide a two-year program which is acceptable for full credit toward a bachelor's degree or a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, and, if a branch of an institution of higher education offering four or more years of higher education, is located in a community different from that in which its parent institution is located.

"(h) The term 'cooperative graduate center' means an institution, or program created by two or more institutions of higher education which will offer to the students of the participating institutions of higher education graduate work which could not be offered with the same proficiency and/or economy at the individual institution of higher education. The center may be located or the program carried out on the campus of any of the participating institutions or at a separate location.

"(i) The term 'cooperative graduate center board' means a duly constituted board established to construct and maintain the

cooperative graduate center and coordinate academic programs. The board shall be composed of representatives of each of the higher education institutions participating in the center and of the community involved. At least one-third of the board's members shall be community representatives. The board shall elect by a majority vote a chairman from among its membership.

"(j) The term 'high school' does not include any grade beyond grade 12.

"(k) The term 'nonprofit educational institution' means an educational institution owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or

individual.

"(1) The term 'public educational institution' does not include a school or institu

tion of any agency of the United States.

"(m) The term 'State' includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

"Federal administration

"SEC. 402. (a) The Commissioner may delegate any of his functions under this Act, except the making of regulations to any officer or employee of the Office of Education.

"(b) In administering the provisions of this Act for which he is responsible, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution in accordance with appropriate agreements, and to pay for such services either in advance or by way of reimbursement, as may be agreed upon.

"(c) The Commissioner, with the approval of the Secretary of Health, Education, and Welfare, may appoint one or more advisory

committees to advise and consult with the Commissioner with respect to the administration of any of his functions under title I or III of this Act. Members of any such committee, while attending conferences or meetings of the committee, shall be entitled to receive compensation at a rate to be fixed by the Secretary of Health, Education, and Welfare, but not to exceed $75 per diem, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b2) for persons in the Government service employed intermittently.

"Labor standards

"SEC. 403. (a) The Commissioner shall not approve any application for a grant or loan under this Act except upon adequate assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of work on construction assisted by such grant or loan will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), and will receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours Standards Act (Public Law 87-581); but, in the case of any nonprofit educational institution, the Commissioner may waive the application of this subsection in cases or classes of cases where laborers or mechanics, not otherwise employed at any time in the construction of the project, voluntarily donate their services for the purpose of lowering the costs of construction and the Commissioner determines that any amounts saved thereby are fully credited to the educational institution undertaking the construction.

"(b) The Secretary of Labor shall have, with respect to the labor standards specified in subsection (a) of this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c).

"Recovery of payments

"SEC. 404. (a) The Congress hereby finds and declares that, if a facility constructed with the aid of a grant or grants under title I or II of this Act is used as an academic facility for twenty years following completion of such construction, the public benefit accruing to the United States from such use will equal or exceed in value the amount of such grant or grants. The period of twenty years after completion of such construction shall therefore be deemed to be the period of Federal interest in such facility for the purposes of this Act.

"(b) If, within twenty years after completion of construction of an academic facility which has been constructed in part with a grant or grants under title I or II of this Act

"(1) the applicant (or its successor in title or possession) ceases or fails to be a public or nonprofit institution, or

"(2) the facility ceases to be used as an academic facility, or the facility is used as a facility excluded from the term 'academic facility' by section 401 (a) (2),

the United States shall be entitled to recover from such applicant (or successor) an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal grant or grants bore to the development cost of the facility financed with the aid of such grant or grants. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which such facility is situated.

"Method of payment

"SEC. 405. Payments under this Act to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant or loan, may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments.

"Administrative appropriations authorized

"SEC. 406. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1964, and for each fiscal year thereafter, such sums as may be necessary for the cost of administering the provisions of this Act.

"Federal control not authorized

"SEC. 407. No department, agency, officer, or employee of the United States shall, under authority of this Act, exercise any direction, supervision, or control over, or impose any requirements or conditions with respect to, the personnel, curriculum, methods of instruction, or administration of any educa

tional institution."

And the Senate agree to the same.

That the Senate recede from its amendment to the title of the bill and agree to the

same.

ADAM C. POWELL,
EDITH GREEN,

JOHN BRADEMAS,
CARLTON R. SICKLES,
SAM M. GIBBONS,

PETER FRELINGHUYSEN,

CHAS. GOODELL,
ROBERT P. GRIFFIN,
ALBERT H. QUIE,

Managers on the Part of the House.
PAT MCNAMARA,
WAYNE MORSE,

RALPH YARBOROUGH,
JOSEPH S. CLARK,

JENNINGS RANDOLPH,

WINSTON L. PROUTY,

J. K. JAVITS,

Managers on the Part of the Senate.

STATEMENT

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 6143) to authorize assistance to public and other nonprofit institutions of higher education in financing the construction, rehabilitation, or improvement of needed academic and related facilities in undergraduate and graduate institutions, submit the following statement in explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report:

The differences between the House bill and the substitute agreed upon in conference are described in this statement, except for minor, clarifying, or technical differences.

The conference substitute contains four titles. Titles II, III, and IV of the substitute are substantially the same as the corresponding titles of the House bill. In most respects, title I of the conference substitute is also the same as title I of the House bill. There are, however, two significant differences which are discussed below.

CATEGORIES OF FACILITIES ELIGIBLE

The House bill permitted Federal grants for facilities so long as they were "academic facilities" within the meaning of the act. The term "academic facilities" excluded, specifically, certain athletic facilities and facilities used or to be used for sectarian instruction or as a place for religious worship or used or to be used in connection with a divinity school.

The Senate amendment provided Federal grants for "academic facilities" (defined as in the House bill), but also contained an additional limitation. It limited construction to structures, or portions thereof, especially

designed, and to be used only, for instruction or research in the natural or physical sciences or engineering or for use as a library.

The substitute agreed upon in conference limits construction (except in the case of public community colleges and public technical institutes) to structures, or portions thereof, especially designed for instruction or research in the natural or physical sciences, mathematics, modern foreign languages, or engineering, or for use as a library.

SPECIAL PROVISIONS FOR PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITUTES

The House bill provided special treatment for junior colleges and technical institutes by requiring that 22 percent of each State's allotment of funds for construction of academic facilities could be used only for these institutions. In all other respects junior colleges and technical institutes were treated the same as other types of institutions of higher education. Since the House bill authorized the appropriation $230,000,000, the result would be to earmark, on a full appropriation, $50,600,000 for junior colleges and technical institutes.

of

The Senate amendment, in contrast, contained a separate title providing construction grants for public community collegesthat is, junior colleges which are under public supervision and control. It authorized the appropriation of $50,000,000 for this purpose. This title differed in many respects from the provisions of the House bill governing grants to other types of institutions of higher education. Of these, the five listed below are of the greatest significance:

1. The method of administration.

2. The formula for allotting the funds among the States.

3. The matching requirements.

4. The differing treatment of public community colleges and of private junior colleges.

5. The treatment of technical institutes. These differences, and the conference action on each, are discussed below:

1. The method of administration in the House bill is to have a State agency, broadly representative of the public and the various types of institutions of higher education in the State, be responsible for carrying out the program in the State. The State agency would establish the relative priority to be accorded projects for construction, and would also fix for projects for institutions of higher education other than public community colleges and public technical institutes the extent of Federal participation (the Federal share) within the prescribed ceiling. The grant would be made directly to the institution by the Commissioner of Education. The Senate amendment, in the case of these grants for public community colleges, provided that the grant should be made to a State agency, and that that agency would in turn make the grants to the public community colleges. The conference substitute is like the House bill in that public community colleges and public technical institutes are embraced within title I along with all other types of institutions. However, where deemed appropriate special provisions applicable only to these institutions are included in title I.

2. The formula for allotting funds among the States contained in the House bill applied to public community colleges and public technical institutes in the same manner it applied to all others.

The Senate amendment, in the title dealing with public community colleges, contained a formula for allotting funds among the States which was entirely different from the formula used in the case of other types of institutions of higher education. This formula provided that the funds would be allotted among the States on the basis of

(A) the number of persons graduating from high school in the respective States in the most recent schoolyear for which satisfactory come per person in the respective States. The formula contained special provisions to insure that no State would receive more than three times as much as any other State per high school graduate no matter what its relative per capita income, and to provide that Puerto Rico, the Virgin Islands, American Samoa, and Guam would receive the

data are available, and (B) the relative in

Mr. POWELL. Mr. Speaker, I would like to pay tribute to the gentlewoman from Oregon [Mrs. GREEN] for her fight through the years for higher education

assistance from the Federal Government and for her leadership as chairman of the subcommittee.

I would also like to pay tribute to the minority members of the subcommittee and of the full committee for their supsame amount per high school graduate as the port in bringing you this conference

States with the lowest per capita income.

The substitute agreed upon in conference provides 22 percent of each year's allotment shall be allotted among the States on the basis of the Senate formula just described (with one minor modification) and that the funds so allotted may be used only by public community colleges and public technical institutes. The minor modification referred to is to reduce the maximum spread between the States with the lowest per capita incomes and those with the highest from 3 to 1 to 2 to 1. The result is that under the conference substitute each State will receive substantially the same allotment for public community colleges and public technical institutes as it would have received under the Senate amendment for public community colleges. 3. The matching requirements in the House bill were the same for all types of institutions of higher education-that is, the State commission would fix the amount of the Federal share, which could not exceed

report.

Mr. Speaker, it is noteworthy that the conference report was unanimously agreed to on the part of the conferees for the House indicating complete bihave been faithful to the Members of partisan support of our action. I feel we the House who, on August 14, voted 287 to 113 in favor of this bill.

No one would question the great need for more adequate facilities for our expanding enrollment in institutions of higher learning, for higher education in the United States faces both a crisis and

a challenge in the coming decade. The so-called population explosion will confront the colleges and the universities with a 30-percent enrollment increase by 1965. By 1970 the number of students seeking admission to institutions of

one-third of the cost of the project. The higher education will be almost double the campus enrollments of 1960.

Senate amendment provided for variable matching in the case of projects for public community colleges. The conference sub

stitute retains the House pattern but provides that in the case of public community colleges and public technical institutes the Federal share shall be 40 percent of the cost of the project.

4. The treatment of public community colleges and private junior colleges differed between the House bill and the Senate amendment. The conference substitute ear

marks 22 percent of each year's appropriation for the public community colleges (and public technical institutes), and, correspondingly, does not permit any of the funds allotted for other institutions to be used for these. Private junior colleges will be eligible for assistance, but must draw their funds from the remaining 79 percent of the annual appropriations. The private junior colleges will be able to use their funds only for the categories of specially designed facilities referred to above. The sums allotted for public community colleges are not limited to use for such categories of specially designed facilities, and may be used for construction of any facility coming within the definition of "academic facility."

5. The Senate amendment treated public and private technical institutes alike. The conference substitute provides that public technical institutes will be treated like public community colleges and that private technical institutes will be treated like private junior colleges. The conference substitute includes the provisions of the House bill providing a special accreditation procedure for technical institutes.

ADAM C. POWELL,
EDITH GREEN,
JOHN BRADEMAS,
CARLTON R. SICKLES,
SAM M. GIBBONS,
PETER FRELINGHUYSEN,
CHAS. GOODELL,
ROBERT P. GRIFFIN,
ALBERT H. QUIE,

Managers on the Part of the House.

The SPEAKER. The gentleman from New York [Mr. POWELL] is recognized for 1 hour.

Not only has the population of young people age 18-22 increased from 11.8 million in 1960 to 13 million in 1962, but an increasing proportion of high school graduates are seeking admission to the colleges and universities to qualify

for the ever-increasing professional and semiprofessional positions required in an increasingly complex society.

At the same time, the demands of the Nation challenge institutions of higher education to produce needed scientists and engineers.

This bill then is addressed to the problem of providing assistance to public and other nonprofit institutions of higher education in financing the construction, rehabilitation or improvement of needed academic and related facilities in undergraduate and graduate institutions. It represents a compromise in some few

areas.

1. CATEGORIES OF FACILITIES ELIGIBLE

Title I of the bill as now presented is very similar to the original bill passed by the House, with the exception that certain categorical uses are defined. These categories were borrowed largely from the conference report on H.R. 8900 of the 87th Congress and the National Defense Education Act, and were based upon the current needs of our great Nation in its defense of our way of life.

An institution is now eligible for grants only if such construction is limited to structures or portions thereof especially designed for instruction or research in the natural or physical sciences, mathematics, modern foreign languages or engineering, or for use as a library.

2. FUNDS FOR UNDERGRADUATE FACILITIES

Two hundred thirty million dollars is authorized annually for a 3-year period for the construction and development of these undergraduate facilities. The bill provides a 5-year program but it author

izes appropriations only for the first 3 years in order that the Congress may review the operation of the entire program.

3. FUNDS FOR PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITUTES Of the funds authorized, 22 percent would be allotted among the States for use in providing academic facilities for public community colleges and public technical institutes. The remainder of the funds would be allotted among the States for use in providing academic facilities for institutions of higher education other than public community colleges and technical institutes.

4. ALLOTMENT FORMULA FOR PUBLIC COMMUNITY COLLEGES AND PUBLIC TECHNICAL INSTITUTES

The funds to be allotted in any fiscal year for use in providing academic facilities for public community colleges and technical institutes shall be allotted on the basis of the income per person and the number of high school graduates of the respective States. This allocation formula takes into account, therefore, the economic status of the various States and provides a measure of equalization of opportunity through additional Federal funds to those States needing the greatest help. The allocation formula utilized

for determining funds available to States for other institutions of higher education is based upon the following: One-half on the basis of a State's relative high school enrollment and one-half on its relative college and university enrollment.

5. STATE COMMISSIONS AND PLANS

Provision is made for the designation of a State agency to serve as the State commission for approving plans and administering the programs. Such a commission would be responsible for submitting plans for the allocation of funds, for assigning priorities and for providing an opportunity for a fair hearing to all applicants submitting plans. It would likewise be responsible for the fiscal accounting of Federal funds received. Its membership would be broadly representative of the public and the various types of institutions of higher education in the States.

6. GRANTS FOR CONSTRUCTION OF GRADUATE

ACADEMIC FACILITIES

Title II provides for grants for construction of graduate academic facilities. Both the House and the Senate were in agreement in this title which authorizes an appropriation of $25 million for the fiscal year ending June 30, 1964, and $60 million for the succeeding 2 fiscal years. Federal moneys thus granted may not exceed 33 percent of the development cost of any such construction project. A committee is established in the Office of Education to advise the Commissioner regarding action taken on applications and in the preparation of the general regulations.

7. LOANS FOR CONSTRUCTION OF ACADEMIC FACILITIES

Title III provides loans for construction of academic facilities. For this purpose, the sum of $120 million for fiscal year 1964 and each of the 2 succeeding fiscal years is authorized.

8. DEFINITIONS

The definitions utilized in this act and provided for in title IV are very important in understanding the concepts developed. The term "academic facilities" is limited to the development of structures suitable for classrooms, laboratories, libraries, and related facilities necessary for the expansion of the institution. However, the term "academic facilities" also excludes certain athletic facilities and facilities used or to be used for sectarian instruction or as a place for religious worship or in connection with a divinity school. Likewise excluded is any facility used or to be used by a "school of medicine," "school of dentistry," "school of osteopathy," "school of pharmacy," "school of optometry," "school of podiatry," "school of nursing," or "school of public health," as defined in section 7724 of the Public Health Service Act.

Therefore, as indicated, the major differences between the bill which is now before you and the bill which was approved on August 14 are:

First. Categorical grants have been substituted for the general grants.

Second. The 22-percent provision for technical institutes and junior colleges has been limited to public community colleges and technical institutes.

Third. The allocation formula for public community colleges and technical institutes includes recognition of the per capita income of the States.

Mr. Speaker, I feel that the conference report as presented to the House at this time represents in large measure the will expressed by the House at the time H.R. 6143 was originally passed, and therefore should be given wholehearted support by the Members of this body. I urge acceptance of this conference report today so that H.R. 6143 may be enacted into law. Such a program will pay back in actual return far more than its cost because we will have at last mounted an initial attack against the growing obsolescence of our present support of higher education, an obsolescence that is a luxury that this country cannot afford.

If education is truly to be the keystone in the arch of freedom and progress, we must provide the necessary facilities for our youth to obtain the level and quality of education demanded by our challenging times. We can no longer afford the serious manpower shortages we suffer in engineering, science, mathematics, and other areas. We must act favorably upon this legislation for the sake of our children, for the sake of our Nation.

Mr. Speaker, I yield such time as she may desire to the distinguished lady from Oregon [Mrs. GREEN].

Mrs. GREEN of Oregon. Mr. Speaker, the conferees on the part of the House I think are very pleased to bring back this conference report. It was signed by every member of the House conferees and it was signed by seven of the nine Senate conferees. In other words, 16 of the 18 conferees signed this report.

As the chairman of the committee has pointed out, there were very few changes made from the House bill which was passed on this floor in mid-August by a

vote of 287 to 113. The provisions originally in the bill are still in the bill. It is a bricks-and-mortar bill, nothing else but that. The dollar amount has not but that. The dollar amount has not been raised one cent from the original House bill.

Title I provides $230 million annually for 3 years, of which 22 percent or approximately $50 million annually is reserved for public community colleges and public technical schools.

Title II of the House bill is in the conference report which provided for $25 million for the first year and $60 million for each of the next 2 years for graduate facilities.

Title III of the bill is the same as the House provision in regard to loans. The one principal change in the bill, which the chairman has already pointed out, is in relation to categories in the grants made to institutions. The House bill provided for across-the-board grants except that, we specifically prohibited any of the funds being spent for stadiums or gymnasiums or purely recreational facilities for which admission is charged. We also specifically said that none of the funds could be spent for buildings used for sectarian instruction or religious worship. These restrictions are still in the bill and they apply tions are still in the bill and they apply to all institutions, including junior colleges.

Several of the Members have asked me about the public community colleges, and the public technical schools. When the House conferees agreed to adopt the limitation by categories, Senate and House conferees agreed that this limitaHouse conferees agreed that this limitation by categories does not apply to the tion by categories does not apply to the public community colleges or the public technical schools because so many of the public community colleges are liberal arts public community colleges are liberal arts colleges, and we did not want to restrict their construction of facilities to the natural and physical sciences, modern foreign languages and engineering, and libraries. However, let me again make clear that these limitations by categories do apply to all other institutions under title I.

Mr. LAIRD. Mr. Speaker, will the gentlelady yield for a question?

Mrs. GREEN of Oregon. I am glad to yield to the gentleman from Wisconsin.

Mr. LAIRD. I have two questions I should like to address to the gentlelady from Oregon. First, in the bill as it passed the House a college which did not passed the House a college which did not anticipate any great enrollment expansion would not qualify for construction aid. I have in mind the Wisconsin State College at Stevens Point, Wis. The university extension centers plan to back up almost to its campus. It does not look like a great expansion will be possible but one has occurred during the past 10 years. They need a new administration and classroom building. Under the terms of the bill as it passed Under the terms of the bill as it passed the House, this college would not qualify for aid. Has there been a change in the qualification provisions?

Mrs. GREEN of Oregon. I would be unwilling to say that they absolutely would not qualify for aid without more information. But one criteria in establishing lishing priorities requires the State

agency to consider how much the enrollment would be expanded.

Mr. LAIRD. If there were no expansion, then what would be the situation?

Mrs. GREEN of Oregon. The State agency must consider this; it would be up to the State agency to determine the priority within the State. There is no change from the original House version and the conference report in this respect.

Mr. LAIRD. If a bond issue has already passed but construction of facilities has not started, can aid be made available to the extension or college facility?

Mrs. GREEN of Oregon. This would be up to the State agency to determine. On page 13, section 401 (c), excludes any cost incurred before, or under a contract entered into before the enactment of the act.

Mr. LAIRD. If the gentlewoman will yield further, the Office of Education has indicated that this school would not qualify, as long as their financial arrangements have already been made, but the gentlewoman thinks that under this conference report they would qualify?

Mrs. GREEN of Oregon. It would depend on whether nor not they had already entered into the contract. However, the bill provides for structures, or portions of structures. Additions obviously could be added.

I see the gentleman from New York [Mr. GOODELL] on his feet in regard to this.

Mr. GOODELL. If the gentlewoman from Oregon will yield, I think what I wanted to address my remarks to was the first question of the gentleman from Wisconsin [Mr. LAIRD]. I believe any institution which wants to construct a facility, where that construction would not result in what we call an urgently needed substantial expansion of the institution's student enrollment capacity would not be eligible for funds. If it is a new institution, we do provide for aid where the construction will result in creating urgently needed enrollment capacity. An existing institution, however, would have to be expanding its enrollment in order to qualify for funds under this legislation. As I understood the question of the gentleman from Wisconsin, his institution is not eligible in that case.

Mrs. GREEN of Oregon. This is the criteria for establishing priorities.

Mr. GOODELL. If the gentlewoman will yield further, I think it is a sole criterion in terms of the construction funds for existing institutions. I think we ought to be clear on that.

I would like to ask the gentlewoman another question for clarification. The gentlewoman has pointed out that the categorical aid which the Senate urged upon the House was accepted with some modification of the Senate version. I think it should be clear, first of all, that all House conferees resisted the Senate approach. We wanted to adhere to the House version of the legislation because we felt the terms of the House legislation were much wiser. But in order to accommodate the Senate and in order to get some legislation, we finally did

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I would emphasize the words "especially designed for" in this legislation. Mrs. GREEN of Oregon. I thank the gentleman from New York. This is one of the areas where the House conferees did give in to the Senate in allowing the categories to remain in the bill. But we felt we improved the bill considerably by adding mathematics and foreign languages and by retaining only the words to which the gentleman has referred.

Mr. QUIE. Mr. Speaker, will the gentlewoman yield?

Mrs. GREEN of Oregon. I yield to the gentleman from Minnesota.

Mr. QUIE. I think we ought to also point out that in the event these facilities were constructed there would be no prohibition against using the facilities for another discipline if they were needed, and if for any reason the college wanted to have a lecture, say, in the chemistry lecture room, which is usually constructed like an auditorium or such type facility, or if there were some adult education class at night which wanted to use them, there is no prohibition against such use. The institution need not feel that the Federal Government

will be looking over its shoulder all the time to make certain that they are not using such facilities for any other pur

pose.

The prohibition which we had in our bill against religious instruction or worship, or for the use of the general public, where admission is charged, is the only prohibition that is retained after the construction is completed.

Mrs. GREEN of Oregon. I do think it should be emphasized that the consensus of the conference committee was that the academic facilities constructed with Federal aid should be limited to these categories that we have already enumerated. However, for example, we were concerned if some national association wanted to hold a conference at University X, and if they wanted to use various rooms for conference meetings at a particular time, we did not want language that said these rooms could never under any circumstances be used for anything but these enumerated categories. Or if adult education classes were held in the evening, or a lecture were to be given in a large study hall, we think the bill should be so written as to allow this additional use. But when the language "to be used only for" was deleted, this was not intended as a subterfuge for acrossthe-board grants. And in my judgment, we must keep good faith with the Senate in this regard.

Mr. QUIE. If the gentlewoman will yield further, this means that the classroom cannot be constructed and especially designed for political science or for history or anything of that nature. It

has to be especially designed for the of the community college concept categories specified in the bill. throughout the Nation.

Mrs. GREEN of Oregon. The gentleman from Minnesota is correct.

Mr. GOODELL. Mr. Speaker, I want to emphasize here that the conference struck from the Senate language the phrase "and to be used only for". This is very significant. It is a modification which permitted the House to accept the categorical approach and it was a fair compromise. I would emphasize that the conference report we are presenting here today to the House has full bipartisan support of the conferees.

Mrs. GREEN of Oregon. I thank the gentleman.

gentlewoman yield? Mr. O'NEILL. Mr. Speaker, will the

Mrs. GREEN of Oregon. I yield to the gentleman from Massachusetts.

Mr. O'NEILL. Mr. Speaker, today the House of Representatives through its overwhelming approval of H.R. 6143, the higher education bill, has made this a great day for American education. This is a broad and far-reaching bill which will affect the lives of millions of Americans, and I am proud of the House and the statesmanlike way in which this bill was developed.

However, I would like to call attention to one aspect of this bill which is of particular interest to me and the Commonwealth of Massachusetts. I refer to the manner in which public community colleges are fostered and facilitated by this legislation.

Community colleges in Massachusetts, as in many other States throughout the Nation, are emerging from a period of gestation and birth into a proud and flourishing childhood. childhood. These colleges with their low tuition costs and convenient locations are the connecting links between the high schools and the larger, 4-year, degree-granting colleges and universities, and it is with a sense of sincere pride that I note that Massachusetts has been among the first to recognize the potential of community colleges and one of the leaders among the States in their development. With the passage of this, which provides unrestricted aid for the construction of community college facilities, Massachusetts and other States with similar programs will be able to further strengthen and develop this important facet of public education.

Great

I should like to further emphasize that the unrestricted status which community colleges have been afforded under this bill is due mainly to the efforts of several people who share with me a great appreciation for the educational importance of community colleges. tribute should be paid to Dr. Martin Sweig, legislative assistant to the Speaker and a member of the Massachusetts Regional Community College Board, and his assistant Mr. J. Donald Fisher, they both worked diligently with Prof. John Mallan of the Massachusetts Community College Board. A particular note of praise should go to the Honorable Kermit Morrissey, chairman of the board, for his vision and leadership in guiding not only the Massachusetts community college system but in assisting the growth

I would like to have the gentlewoman explain to me the paragraph starting on page 18 reading:

The substitute agreed upon in conference limits construction (except in the case of public community colleges and public technical institutes) to structures—

And so forth.

eight excellent community_colleges which are in their infancy. They are making exceptional strides. Will they be eligible under this present bill?

We have in Massachusetts seven or

Mrs. GREEN of Oregon. This bill reserves 22 percent of the funds under title I for public community colleges and public technical schools. There is no limitation on categories. Funds can be used for construction of any academic facilities except those for sectarian instruction or religious worship—or stadiums, and so forth. The private community colleges, the private junior colleges and private technical schools will be eligible under title I of the bill. All of the junior colleges are eligible under this legislation.

Mr. O'NEILL. Mr. Speaker, I ask unanimous consent to extend my remarks at this point in the RECORD.

The SPEAKER. Is there objection to the request of the gentleman from Massachusetts?

There was no objection.

Mr. O'NEILL. One of the small institutions we have in Massachusetts re

cently had bidding on a library. They have not started to construct the library as yet. Would they be eligible in the event they were in the process of building? Would they be eligible?

Mrs. GREEN of Oregon. If they were in the process of building?

Mr. O'NEILL. If they were in the process of building, yes.

Mrs. GREEN of Oregon. If they were in the process of building it would be my judgment they would not be eligible.

Mr. O'NEILL. I thank the gentlewoman.

Mrs. GREEN of Oregon. Mr. Speaker, there are two other points I would like to make. The Senate bill provided for judicial review-a taxpayer's suit. This was rejected by the House conferees because a judicial review amendment had previously been defeated by this House. However, I have today introduced a separate bill providing for a judicial review— an institutional suit to test the constitutionality of this act. Let me make it perfectly clear that I firmly believe this legislation violates no constitutional provision. If I believed otherwise, I would not support it so strongly. For over 100 years our Government has been giving Federal aid to private institutions of higher education, dating back to the time when Brown University, a Baptist related college was made a land-grant institution. However, because some of my colleagues have expressed concern about it, I have introduced this bill today and I hope that the Judiciary Committee will give it the thorough hearings the subject requires.

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