an approved project or projects, as the amount of the Federal participation bore to the cost of the construction of such project or projects. Such right of recovery shall not constitute a lien upon such facility or center prior to Judgment.

STATE CONTROL OF OPERATIONS

SEC. 406. Except as otherwise specifically provided, nothing in this Act shall be construed as conferring on any Federal officer or employee the right to exercise any supervision or control over the administration, personnel, maintenance, or operation of any facility for the mentally retarded or community mental health center with respect to which any funds have been or may be expended under this Act.

CONFORMING AMENDMENT

SEC. 407. (a) The first sentence of section 633 (b) of the Public Health Service Act is amended by striking out "eight" and inserting in lieu thereof "twelve”. The second sentence thereof is amended to read: "Six of the twelve appointed members shall be persons who are outstanding in fields pertaining to medical facility and health activities, and three of these six shall be authorities in matters relating to the operation of hospitals or other medical facilities, one of them shall be an authority in matters relating to the mentally retarded and one of them shall be an authority in matters relating to mental health, and the other six members shall be appointed to represent the consumers of services provided by such facilities and shall be persous familiar with the need for such services in urban or rural areas."

(b) The terms of office of the additional members of the Federal Hospital Council authorized by the amendment made by subsection (a) who first take office after enactment of this Act shall expire, as designated by the Secretary at the time of appointment, one at the end of the first year, one at the end of the second year, one at the end of the third year, and one at the end of the fourth year after the date of appointment.

D. THE HIGHER EDUCATION FACILITIES ACT OF 1963

(Public Law 88-204, approved Dec. 16, 1963)

In his message to Congress on education on January 29, 1963, President Kennedy declared the long-predicted crisis in higher education facilities to be at hand. He said that in order to accommodate the projected enrollment of more than 7 million students by 1970, American colleges and universities must expand their academic facilities at a rate much faster than their present resources would permit.

President Kennedy recommended the prompt enactment of a program to provide loans to public and nonprofit private institutions of higher education for construction of urgently needed academic facilities.14

President Kennedy's proposals for expansion and improvement of higher education facilities were incorporated in title II, part A, of the National Education Improvement Act of 1963, which was introduced on January 29, 1963, in the Senate by Chairman Wayne Morse of the Subcommittee on Education, for himself and 9 other Senators, as S. 580, and in the House by Chairman Adam C. Powell of the Committee on Education and Labor, as II.R. 3000. The bill was also introduced in the House on January 29, 1963, as H.R. 3001, by Representative Carl D. Perkins; as II.R. 3002, by Representative Edith Green; as H.R. 3003, by Representative James Roosevelt; as II.R. 3004, by Representative Carlton R. Sickles; and on January 31, 1963, as II.R.

14 Message from the President of the United States relative to a proposed program for education, and a draft of a bill to strengthen and Improve educational quality and educational opportunities in the Nation (88th Cong., 1st sess., House of Representatives, Doc. No. 54, p. 7).

3183 by Representative Thomas P. Gill. The House bills were all referred to the Committee on Education and Labor. S. 580 was referred to the Committee on Labor and Public Welfare.

1. Пouse Action

During 12 days in February 15 1963, the Committee on Education and Labor held hearings on H.R. 3000 and similar bills to strengthen and improve educational opportunities in the Nation. The record of the hearings was printed in a volume of 1,112 pages.

On May 8, 1963, Chairwoman Edith Green, of the House Special Subcommittee on Education, introduced H.R. 6143, the Higher Education Facilities Act of 1963, a bill 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. This bill was reported from the Committee on Education and Labor on May 21, 1963 (H. Rept. 310). By a vote of 287 to 113 the bill passed the Ilouse on August 14, 1963.16

The floor fight for enactment of the bill was led by Representative Edith Green, of Oregon, and Representative Albert R. Quie, of Minnesota, ranking minority member of the Special Subcommittee on Education and author of an identical bill, II.R. 6144.

In the debate on H.R. 6143, the House leadership of both parties and Democratic and Republican members of the Education and Labor Committee successfully defended it against a series of amendment proposals.

The bill was passed by the House containing the following declaration of policy:

The Congress hereby finds that the security and welfare of the United States require that this and future generations of American youth be assured ample opportunity for the fullest development of their intellectual capacities and that this opportunity will be jeopardized unless the Nation's colleges and universities are encouraged and assisted in their efforts to accommodate rapidly growing numbers of youth who aspire to a higher education. The Congress further finds and declares that these needs are so great and these steps so urgent that it is incumbent upon the Nation to take positive and immediate action to meet these needs through assistance to undergraduate and graduate institutions of higher education in providing classrooms and other academic facilities.

Following is a summary of the principal provisions of the bill in the form in which it passed the House (and became law).

TITLE I-GRANTS FOR CONSTRUCTION OF UNDERGRADUATE

ACADEMIC FACILITIES

(1) Authorization of $230 million for fiscal 1964 and for each of the 2 succeeding fiscal years (and for fiscal years 1967 and 1968 sums later to be authorized) for grants to public and nonprofit private institutions of higher education, including junior colleges and technical institutes, for undergraduate academic facilities, provided the construction will result in an urgently needed and substantial expansion of the institution's student enrollment capacity, or in the case of a new insti

#Feb. 4-8, 18-22, 26-27.

Congressional Record (dally edition), Aug. 14, 1963, pp. 14194-14195.

38-331-64

tution of higher education, result in creating urgently needed enrollment capacity.

(2) Limitation of the Federal grant to a maximum of 333 percent of the development cost of the project.

(3) Determination of the relative priorities of eligible projects by State commissions, according to plans submitted by them to the U.S. Commissioner of Education.

(4) Requirement that at least 22 percent of the funds allotted to a State be made available only to junior colleges and technical institutes.

TITLE II-GRANTS FOR CONSTRUCTION OF GRADUATE ACADEMIC FACILITIES

(1) Authorization of $25 million in fiscal 1964 and $60 million in each of the 2 succeeding years (and for fiscal years 1967 and 1968 sums later to be authorized) to improve or assist in the establishment of graduate schools and cooperative graduate centers.

(2) Limitation of the Federal grant to a maximum of 333 percent of the development cost of the project.

(3) Approval of grants by the Commissioner of Education subject to the advice of an 11-member Advisory Committee on Graduate Education to be established in the Office of Education.

(4) Requirement that at least three of the eight appointed members of the Committee be from the field of the humanities and at least one from a graduate school of education.

TITLE III-LOANS FOR THE CONSTRUCTION OF ACADEMIC FACILITIES

(1) Authorization of $120 million for fiscal 1964 and each of the 2 succeeding years (and for fiscal years 1967 and 1968 sums later to be authorized) for loans to institutions of higher education or to higher education building agencies for construction of academic facilities.

(2) Limitation of loans to institutions or building agencies in any one State to 122 percent of the total funds provided under this title. (3) Requirement that at least one-fourth of the development cost of the facility be financed from non-Federal sources.

(4) Requirement that loans be repaid within a maximum of 50 years with an interest rate not less than one-quarter of 1 percent above the average annual interest rate on all interest-bearing obligations of the United States forming a part of the public debt as computed at the end of the preceding fiscal year.

TITLE IV-GENERAL PROVISIONS

(1) Definition of "academic facilities" to include structures suitable for use as classrooms, laboratories, libraries, and related facilities necessary or appropriate for instruction of students, or for research, or for the administration of the educational or research programs, of an institution of higher education, and maintenance, storage, or utility facilities essential to the operation of the foregoing facilities.

(2) Exclusion of grants and loans for: Any facility intended primarily for events for which admission would be charged to the general public; any gymnasium or other facility especially designed for athletic or recreational activities other than for an academic course in

physical education; any facility to be used for sectarian instruction or as a place for religious worship, or to be used primarily in connection with any part of the program of a school or department of divinity; and any facility to be used by a school of medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, nursing, or public health. (3) Definition of the term "construction" as meaning: (a) erection of new or expansion of existing structures, and the installation of initial equipment therefor; (b) acquisition of existing structures not owned by the institution involved; (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. Senate Action

In the Senate, the Subcommittee on Education of the Committee on Labor and Public Welfare held hearings on S. 8, S. 580, Senate Resolution 70,18 and other "bills to improve educational quality and opportunity" on the following dates in 1963: April 29 and 30; May 1, 14, 15, 16, 17, 27, 28, and 29; June 10, 11, 12, 13, 14, 25, and 27. The record of the hearings was printed in 7 volumes totaling 4,429 pages.

On October 7, 1963, the Committee on Labor and Public Welfare reported its version of H.R. 6143, the bill which had already passed the House (H. Rept. 557). The Senate version limited the Federal grants to academic facilities used for natural and physical sciences, engineering, or libraries.

In the course of debate on this bill, the Senate on October 15 took several actions. It (1) defeated an attempt to substitute the Housepassed version for the version reported by the Committee on Labor and Public Welfare (yeas 33, nays 49, not voting 18); (2) rejected efforts to exclude church-related colleges and universities from the proposed Federal assistance (yeas 26, nays 55, not voting 19); (3) accepted four amendments to the bill; and (4) agreed to delay final action on it until October 21.

The accepted amendments were, in brief:

(1) Addition of 2-year technical institutes to the kinds of institutions eligible to receive benefits.

(2) Addition of an authorization for construction grants for graduate schools and cooperative graduate centers ($25 million for the first year, $60 million for each of the next 2 years, and such sums as the Congress might provide for the 2 succeeding years).

(3) Exclusion of schools of medicine, dentistry, osteopathy, pharmacy, optometry, podiatry, nursing, and public health from the provisions of the bill (in order to avoid duplication or overlap with the Health Professions Education Assistance Act of 1963, Public Law 88-129).

(4) Addition of a provision for judicial review, giving any taxpayer the right to bring suit in the U.S. District Court for the District of Columbia against the U.S. Commissioner of Education

"The School Assistance Act, Introduced by Senators Pat McNamara and Philip A. Hart, on Jan. 14, 1963. proposing a 3-year program of Federal grants to States to assist their building of public elementary and secondary school facilities.

18 Introduced by Senator William Proxmire on Jan. 28, 1963, favoring encouragement to States to provide adequate educational and training opportunities for young people.

within 60 days after the announcement of a grant or a loan to an institution of higher education on the grounds that such a grant or loan is unconstitutional, violating the principle of churchstate separation (yeas 45, nays 33, not voting 22).

The fourth amendment was the only one of those adopted by the Senate which was generally regarded at that time as remaining controversial in the House.

By a vote of 60 to 19 (with 21 Members not voting) the Senate, on October 21, 1963, passed H.R. 6143, with the title amended to read: "An Act providing Federal assistance for the construction of college academic facilities." 19

Concerning the Senate action on the bill, and the differences between the House and Senate versions, an article in the New York Times said in part:

The Senate passed today a $1,895 million college aid bill by a vote of 60 to 19. Sponsors of the so-called bricks and mortar bill for university and college construction hailed its passage, but warned that it would get bogged down in negotiations over differences with a House version.

The House passed its own college aid bill August 14. It authorizes a $1,195 million program over 3 years.

House and Senate conferees are not expected to have any trouble resolving the monetary difference, but there are two major differences that may cause problems.

For one thing, the Senate bill would limit grants to academic facilities used for natural and physical sciences, engineering, or libraries. The House bill, on the other hand, would provide grants for all academic facilities except those for religious instruction.

The Senate bill would also permit any taxpayer to bring civil action challenging the constitutionality of any proposed grant or loans to an institution of higher learning. The House version does not include such a provision.

Both the House and Senate bills would permit grants and loans to churchaffiliated schools.

The Senate decision to open the way for court action reflected concern about the running controversy over separation of church and state.

Many legislators, and a number of educators, have contended for several years that Federal aid to church-affiliated schools was unconstitutional.

The adoption of the judicial-review provision, last week, however, came as a surprise. The House had rejected a similar proposal last summer."

3. Conference and Approval

The Senate asked for a conference on October 21.

20

Proposal for unanimous consent to sending H.R. 6143 directly to conference was sought in the House of Representatives on October 23, but objection was raised. On October 24, however, the House Rules Committee cleared the way for House action on a resolution to send the bill to conference. Pursuant to House Resolution 555 the House agreed to a conference on October 29, 1963. The conference report was filed on November 4, 1963 (Rept. 884). The IIouse agreed to the conference report on November 6, 1963.

The Senate agreed to the conference report on December 10, 1963. The New York Times pointed out that:

By coincidence, the Senate action came a few hours after President Johnson had urged Congress, through its Democratic leaders, to complete action before adjournment on the college-aid bill and another pending education measure.

18 Congressional Record (daily edition). Oct. 21, 1963. pp. 18896–18897.

Hunter. Marjorie. "Senate Votes $1.9 Billion for College Construction," New York Times, Oct. 22, 1963, pp. 1 and 24.