Explanation of Language Change

Sec. [407). This provision prohibits use of any funds contained in this Act to pay the salaries of any Federal employee who is convicted of being involved in a riot or similar activity. The provision is deleted since it, in effect, duplicates a recently enacted provision of permanent law. This language was enacted by title V of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351). Thus, it is unnecessary to repeat the provision in appropriation bills.

Sec. [408). This provision prohibits use of any of the funds contained in this Act to finance interdepartmental boards, commissions, councils, committees or similar groups which do not have prior and specific Congressional approval of such method of support. This provision is deleted since a general provision of the "Public Works for Water and Power Resources Development and Atomic Energy Commission Appropriation Act, 1969" (Section 510, Public Law 90-479) which applied this prohibition to all Acts has been included in the President's Budget for FY 1970 (App., p. 811). Since that language applies to all appropriation bills, it is unnecessary to include identical language in each separate bill.

Sec. [409]. This provision prohibits use of funds to force busing of students, abolishment of any school, or forcing any student attending any elementary or secondary school to attend a particular school against the choice of his or her parents or parent in order to overcome racial imbalance. This provision is deleted because it adds nothing to existing law. Language in the Civil Rights Act of 1964, the Elementary and Secondary Act of 1965, and the Demonstration Cities Act of 1966 prohibits Federal agencies from requiring racial balance.

Sec. [410]. The language of this provision that precedes the provisos prohibits use of funds to force busing of students, the abolishment of any school or the attendance of students at a particular school in order to overcane racial imbalance as a condition precedent to obtaining Federal funds otherwise availablo to any State, school district, or school. For the reasons cited above, in the discussion of deletion of Section 409, the Department believes this provision to unnecessary.

The first proviso directs the Secretary to assign as many persons to the investigation and compliance activities of title VI of the Civil Rights Act of 1964 related to elementary and secondary education in the other States as are assigned to the seventeen Southern and border States to assure that this law is administered and enforced on a national basis, and the Secretary is directed to enforce compliance with title VI of the Civil Rights Act of 1964 by like methods and with equal emphasis in all States of the Union and to report to the Congress by March 1, 1969, on the actions he has taken and the results achieved in establishing this compliance program on a national basis. The Secretary has takes the required actions and reported to the Congress on March 1, 1969, on these actions. Thus, this provision is not necessary.

Further, the second proviso prohibits officials from recommending the withholding of funds or commodities for school lunch programs or medical servic” in order to overcome racial imbalance. For the reasons cited above, this provision is unnecessary.

The last proviso forbids any official, employed under appropriations contained in the Labor-HEW Appropriation Act, from recommending the withholdin; of national forest revenues that would otherwise be expended for the benefit of the public schools or roads. This proviso would result in wasteful and inefficient

See: [*11]. This provision prohibits the use of any funds contained in this Act to provide loans or grants to any applicants involved in unlawful

activities at institutions of higher education. This language is deleted since, *far as programs administered by the office of Education are concerned, the

*ject matter of the provision is covered by section 504 of the Higher Education Amendments of 1968.

* [*12). This provision in effect imposes a disqualification for ***nce (in the form of a loan, guaranty of a loan, or grant), provided from funds *ppropriated by this Act, upon any person who within 5 years before applying for such aid received aid (in any such form) from funds appropriated to the Department of Health, Education, and Welfare and used the proceeds for a purpose other than that for which the loan or grant was made. In the student loan *urance program, which is the program that we understand gave rise to this *ision and is the only student aid program in which a complaint as to the application of the proceeds of a loan has to our knowledge ever been received, * needs test is not required or intended under the law. We do by regulation ****, in the case of any student with respect to whose insured student loan an

*rest subsidy is payable, that he give assurance that the proceeds will be

*lted to his education; no further safeguard is necessary for such loans. In the case of other insured student loans, any misrepresentation as to the purpose * applying for the loan would, of course, be fraud, for which existing remedies * suffice. In the case of equal opportunity grants and NDEA student loans, * requirements as to the need for the loan to pursue an education, and the * of the student's resources in that connection, give sufficient assurance * the student aid is needed and will not be misapplied. It is thus felt that section 412 is unnecessary.

GENERAL PROVISIONS

DELETION OF SECTIONs 407,408, AND 409

Senator MAGNUsoN (presiding). The subcommittee will come to order. Mr. Cardwell, have you further testimony to put into the records Mr. CARDwFLL. I just wanted to close the record on the HEWhear. ings out, Mr. Chairman, by emphasizing the Secretary's request toths subcommittee for deletion of three of the general provisions. We has had ample testimony on all three of these provisions, and I won't burden the record with any further comment, except to reiterate the Secretary’s request that sections 407,408, and 409 be deleted. Senator MAGNUSON. What about 408 and 409? Mr. CARDwÉLL. Sections 408 and 409 as well as section 407. Senator MAGNUSON. The three of them? Mr. CARDwell. Yes, sir. Senator MAGNUSON. All right. Mr. CARDwÉLL. Thank you, Mr. Chairman.

HEALTH MANPoweR SHORTAGES, INADEQUATE NUMBER OF STUDENT PLACES AND TEACHERS

Senator MAGNUSON. The subcommittee has received from the Nat: tional Institutes of Health some selected data illustrating health mal. power shortages, inadequate number of student places and teachers, et cetera. The data will be inserted in the record.

(The data follows:)

SELECTED DATA ILLUSTRATING SHORTAGES AND INADEQUACIES PHYSICIANS The Nation is at least 50,000 physicians short of need. At the current rate of

expansion, the gap between supply and need will not be closed with the next decade.