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American Association of University Women, Evelyn Murray, Area Repre-
sentative for Education___

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137

American Veterans Committee, Frank E. G. Weil.

American Vocational Association, Inc., Lowell A. Burkett, Executive
Director____

139

135

Americans for Democratic Action, Mrs. Arthur Strout__
Central Labor Council, AFL-CIO, J. C. Turner, President___
Commission on Human Resources, Mortimer C. Lebowitz, Chairman_
Council of Churches of Greater Washington, Milton C. Mapes, Jr., Chair-
man, Subcommittee on Higher Education_.

133

134

56

143

District of Columbia Republican Committee, Dr. J. Barrows, Chairman,
Public Affairs Committee_.

Health, Education, and Welfare Department:

Huitt, Hon. Ralph K., letter dated Sept. 16, 1966 from Chairman

Dowdy..

Muirhead, Peter P., letter dated Sept. 23, 1966 to Chairman Dowdy..
Metropolitan Washington Board of Trade, William H. Press, Executive
Vice President, copy of letter dated March 29, 1966 to Senator Morse,
together with Board's Education Committee Report--
National Association of State Universities and Land-Grant Colleges, Rus-
sell I. Thackrey, Executive Director, letter dated Sept. 15, 1966 to
Chairman Dowdy--

National Association of State Universities and Land-Grant Colleges and
Association of State Colleges and Universities Earle T. Hawkins..

Northern Prince George's County Council, United Church Women, Mrs.

Richard L. Walker, Secretary, letter dated May 6, 1966, to Congress-

man Sickles___

Sickles, Hon. Carlton R., letter dated May 24, 1966, to Chairman McMillan
Silver Spring United Presbyterian Church, Tracy K. Boyer, letter dated
April 26, 1966, to Congressman Sickles..

University in the District of Columbia Committee, Mrs. Mary Alexander,

Chairman_.

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AUTHORIZING A PUBLIC COMMUNITY COLLEGE OF ARTS AND SCIENCES, AND A PUBLIC VOCATIONAL TECHNICAL COLLEGE

MONDAY, SEPTEMBER 12, 1966

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 4 OF THE

COMMITTEE ON THE DISTRICT OF COLUMBIA,

Washington, D.C.

The Subcommittee met at 10:00 a.m. in Room 1310 Longworth House Office Building, the Honorable John Dowdy (Chairman of the Subcommittee) presiding.

Members present: Mr. Dowdy (Chairman) and Mr. Nelsen.

Also present: James T. Clark, Clerk; Hayden S. Garber, Counsel; Donald Tubridy, Minority Clerk; Leonard O. Hilder, Investigator. Mr. DowDY. The Committee will come to order.

We have a hearing set this morning on a series of bills authorizing the establishment of a public community college, vocational college and a public college of arts and sciences, in the District of Columbia. I do not know how far along we will be able to go.

The bills are H.R. 16958 (introduced by Mr. Nelsen); H.R. 7395 (introduced by Mr. Multer); H. R. 14769 (introduced by Mr. Fraser); H.R. 15365 (introduced by Mr. Helstoski); H.R. 15966 (introduced by Mr. Mathias); H.R. 16353 (introduced by Mr. Bell); H.R. 4761 and H.R. 4763 (introduced by Mr. Diggs).

(The bills referred to follow :)

[H.R. 16958, 89th Cong., 2d sess.]

A BILL To authorize the establishment of a public community and vocational college and a public college of arts and sciences in the District of Columbia

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Public Higher Education Act".

SEC. 2. As used in this Act

(a) The term "public college of arts and sciences" means an institution of higher education established pursuant to this Act and which is organized and administered principally to provide a four-year program in the liberal arts and sciences acceptable for a bachelor's degree, including but not limited to, courses in teacher education, and such additional program of study as may be acceptable for a master's degree, and courses on an individual, noncredit basis to those desiring to further their education without seeking a degree.

(b) The term "public community and vocational college" means an institution of higher education established pursuant to this Act and which is organized and administered principally to provide a two-year program which is acceptable for full credit toward a bachelor's degree or for a degree of associate in arts, which program shall include, but shall not be limited to, courses in business education, secretarial training, and business administration, and courses in engineering, mathematics, and the physical and biological sciences which are designed to prepare a student to work as a technician and at a semiprofessional level in engineering, scientific,

and other technological fields requiring the understanding and application of basic engineering, scientific, or mathematical principles or knowledge, and which college also provides courses on an individual, noncredit basis for persons desiring to further their education without seeking a degree.

(c) The term "Board of Higher Education" and "Board" mean the Board of Higher Education established by section 3 of this Act.

(d) The term "Board of Education" means the Board of Education of the District of Columbia established by the Act of June 30, 1906 (34 Stat. 316), as amended (D.C. Code, sec. 31-101 et seq.).

SEC. 3. (a) The control of the public college of arts and sciences and of the public community and vocational college is hereby vested in a Board of Higher Education, which shall consist of nine members of whom not less than five shall have been residents of the District of Columbia for a period of not less than three years immediately prior to their appointments. The members of the Board (including all members appointed to fill vacancies on such Board) shall be appointed by the President of the United States, by and with the advice and consent of the Senate. The President shall designate one of the members as Chairman, who shall serve at the pleasure of the President. Such members shall be appointed for terms of three years; except that the terms of office of the members first taking office shall expire, as designated by the President at the time of appointment, three at the end of one year, three at the end of two years, and three at the end of three years. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term. Members of the Board shall serve without compensation, but may be reimbursed for their travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons serving the Government without compensation.

(b) The President of the United States may remove, in accordance with the provisions of this subsection, any member of the Board of Higher Education for adequate cause affecting his character and efficiency as a member. If the President determines that, with respect to any such member, there is adequate cause affecting his character and efficiency as a member, the President may appoint a special investigating board, consisting of not more than three members, to consider the matter. The investigating board, in considering such matter, shall hold public hearings and, on the basis thereof, report to the President with respect to their findings of fact and recommendations. Following the receipt by him of such report, the President may remove such member from office.

(c) The members of the Board shall not be personally liable in damages for any official action of the Board in which such members participate, nor shall they be liable for any costs that may be taxed against them or the Board on account of any such official action by them as members of the Board, but such costs shall be charged to the District of Columbia and paid as other costs are paid in suits against the municipality; nor shall the Board or any of its members be required to give any bond or security for costs or damages on any appeal whatever. SEC. 4. The Board is hereby vested with the following powers and duties:

(1) To develop detailed plans for and to establish, organize, and operate in the District of Columbia a public college of arts and sciences and a public community and vocational college, both colleges shall be located on the same campus;

(2) To establish policies, standards, and requirements governing admission, programs, graduation (including the award of degrees) and general administration of the colleges established pursuant to this Act;

(3) To appoint and compensate, without regard to the civil service laws or the Classification Act of 1949, as amended, a president for each of the colleges established pursuant to this Act, each of whom shall serve for a term of four years;

(4) To employ and compensate such officers as it determines necessary for each of the colleges established pursuant to this Act, and such educational employees for each of such colleges as the president thereof may recommend in writing, without regard to the civil service laws, the Classification Act of 1949, the Annual and Sick Leave Act of 1951, the Act entitled "An Act to prevent pernicious political activities", approved August 2, 1939 (63 Stat. 1147), the Civil Service Retirement Act, as amended, and the Dual Compensation Act, but subject to the Federal Employees Compensation Act, the Federal Em. ployees Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, and the Veterans' Preference Act of 1944, as amended: Provided, That subject to the approval of the Commissioners, the compen

sation schedules for such officers and employees shall be fixed and adjusted from time to time consistent with the public interest and in accordance with rates for comparable types of positions in like institutions of higher education. The Board, with the concurrence of the Commissioners, is authorized to determine which officer and educational positions shall be subject to the coverage of the higher education salary schedules. Salary levels shall be determined based on duties, responsibilities, and qualifications. The Board, upon the recommendations of the presidents of the colleges, shall establish, with the approval of the Commissioners and without regard to the provisions of any other law, retirement and leave systems for such officers and employees which shall be comparable to such systems in like institutions of higher education;

(5) To employ and compensate noneducational employees of the Board and of the colleges established pursuant to this Act in accordance with the Civil Service Act, the Classification Act of 1949, the Civil Service Retirement Act, the Federal Employees Compensation Act, the Federal Employees Group Life Insurance Act of 1954, the Federal Employees Health Benefits Act of 1959, the Veterans' Preference Act of 1944, and any other statute applicable to noneducational employees of the Board of Education;

(6) To fix, from time to time, tuition to be paid by nonresidents attending any such college, but in no event shall any legal resident of the District of Columbia be required to pay any tuition charge to attend any college established pursuant to this Act. Tuition charged nonresidents shall be fixed in such amounts as will, to the extent feasible, approximate the cost to the District of Columbia of the services for which such charge is imposed, and shall be deposited to the credit of the general revenues of the District of Columbia;

(7) To fix, from time to time, fees to be paid by students attending any such college established pursuant to this Act (including charges for room and board), and receipts from such fees shall be deposited into a revolving fund in a private depository in the District, which fund shall be available, without fiscal year limitation, for such purposes as the Board of Higher Education of the District shall approve, and the Board of Higher Education is authorized make necessary rules respecting deposits into and withdrawals from such fund; (8) To transmit annually to the Congress and the Commissioners of the District of Columbia estimates of the appropriation required for the colleges established pursuant to this Act for the ensuing year;

(9) To accept services and moneys, including gifts or endowments, from any source whatsoever, for use in carrying out the purposes of the Act. Such moneys shall be deposited in the Treasury of the United States to the credit of a trust fund account which is hereby authorized and may be invested and reinvested as trust funds of the District of Columbia. The disbursement of the moneys from such trust funds shall be in such amounts, to such extent, and in such manner as the Board of Higher Education, in its judgment, may determine necessary to carry out the purposes of this Act;

(10) To submit to the Congress and the Commissioners of the District of Columbia recommendations relating to legislation affecting the administration and programs of such colleges;

(11) To make such rules and regulations as the Board deems necessary to carry out the purposes of this Act;

(12) To assume control of the District of Columbia Teachers College established pursuant to the Act approved February 25, 1929 (45 Stat. 1276; D.C. Code, sec. 31-118) from the Board of Education at such time as may be mutually agreed upon by such Boards and approved by the Commissioners. At such time personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for such Teachers College are authorized to be transferred and be under the control of such Board of Higher Education: Provided, That the laboratory school shall remain under the control and management, and the employees assigned to such schools shall remain subject to the supervision of, the Board of Education: Provided further, That noneducational employees of the Teachers College at the time the control of such College is assumed by the Board of Higher Education shall retain all benefits provided by any law applicable to noneducational employees of the Board of Education, and shall be subject to any benefits provided for noneducational employees of the Board of Higher Education: Provided further, That educational employees of the Teachers College at the time the control of such College is assumed by

the Board of Higher Education shall be subject to the same benefits provided for all educational employees of the Board of Higher Education pursuant to paragraph (4) of section 4 of this Act except that such educational employees may elect, within ninety days of such time, to remain subject to the provisions of the Act entitled "An Act for the retirement of public school teachers in the District of Columbia", approved August 7, 1946 (60 Stat. 875), as amended; and

(13) To provide for the crediting to educational employees of the TeachersCollege, pursuant to the leave system established for educational employees. of the Board of Higher Education under this Act, leave accumulated pursuant to the provisions of the District of Columbia Teachers' Leave Act of 1949. SEC. 5. The Commissioners and the Board of Education may furnish to the Board, upon request of such Board, such space and facilities in private buildings or in public buildings of the government of the District of Columbia, records, information, services, personnel, offices, and equipment as may be available and which are necessary to enable the Board properly to perform its functions under this Act.

SEC. 6. All obligations and disbursements for the purpose of the Act shall be incurred, made, and accounted for in the same manner as other obligations and disbursements for the District of Columbia and, except as provided in paragraph (9) of section 4 of this Act, under the direction and control of the Commissioners. SEC. 7. (a) Subchapter 1 of chapter 18 of the Act of March 3, 1901 (31 Stat. 1280), as amended (D.C. Code, sec. 29-401, 419), is amended (1) by striking out "Board of Education" wherever it appears in such subchapter and by inserting in lieu thereof "Board of Higher Education", and (2) by adding at the end thereof the following new section:

"SEC. 586g. As used in this subchapter, the term 'Board of Higher Education' means the Board of Higher Education established pursuant to the District of Columbia Public Higher Education Act."

(b) Nothing contained in the amendment made by this section shall be construed as affecting the validity of any license issued by the Board of Education prior to the date of the enactment of this Act.

SEC. 8. (a) There are hereby authorized to be appropriated from the revenues of the District of Colubmia such sums as are necessary to carry out the purposes: of this Act.

(b) Subsection (b) of section 1 of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvements programs and to amend provisions of law relating to Federal Government. participation in meeting costs of maintaining the Nation's Capital City", approved June 6, 1958 (72 Stat. 183), as amended (D.C. Code, sec. 9-220(b)), is amended (1) by striking out "$225,000,000" and by inserting in lieu thereof "$245,000,000”, and (2) by inserting immediately before the period at the end thereof a colon and the following: "And provided further, That $20,000,000 of the principal amount of loans authorized to be advanced pursuant to this subsection shall be utilized to carry out the purposes of the District of Columbia Public Higher Education Act".

(H.R. 7395, 89th Cong., 1st sess., by Mr. Multer on April 13, 1965; H.R. 14769, 89th Cong., 2d sess., by Mr. Fraser on May 2, 1966; H.R. 15365 by Mr. Helstoski, on May 31, 1966; H.R. 15966 by Mr. Mathias on June 27, 1966; H.R. 16353 by Mr. Bell, on July 20, 1966)

A BILL To establish a Board of Higher Education to plan, establish, organize, and operate a public community college and a public college of arts and sciences in the District of Columbia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Public Higher Education Act of 1965".

SEC. 2. As used in this Act

(a) The term "Commissioners" means the Commissioners of the District of Columbia sitting as a board or their authorized agents.

(b) The terms "Board of Higher Education" and "Board" means the Board of Higher Education established by section 3 of this Act.

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