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Statement on Signing the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1970.

December 29, 1969

I HAVE SIGNED H.R. 12964, the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1970.

While taking this action, I want to point out that I disagree with one of the bill's provisions. Section 706 provides that no funds appropriated under the act may be used to assist any person who has engaged in certain forms of coercive conduct at an institution of higher education. The institution would have an opportunity to initiate or complete appropriate proceedings in order to determine whether the provisions of this limitation applied. Institutions concerned would be required to certify their compliance with this provision to the Secretary of Health, Education, and Welfare at quarterly or semester intervals.

In connection with this provision, I wish to reaffirm a point I have often made: I do not approve of interference by the Federal Government in the internal affairs of our colleges and universities.

I am gravely concerned, of course, about the problem of student unrest. At the same time, I have recognized that the enforcement of discipline and the maintenance of order in our schools is primarily the responsibility of the schools themselves. The Federal Government is ill-fitted to play the role of policeman on our college and university campuses.

The Congress has already enacted into law an appropriate mechanism for cutting off Federal funds to those who participate in serious campus disruptions. In passing Section 504 of the Higher Education Amendments of 1968, the Congress carefully protected the value of academic freedom, the principle of self-policing, and the rights of the individuals concerned. Congress reaffirmed these values when it recently included similar provisions in the authorization acts for the National Aeronautics and Space Administration and the National Science Foundation.

But this approach is not the one which is followed in Section 706 of the bill I am signing. Both the standards for cutting off funds under the current bill and its vague procedural stipulations are different from those in earlier legislation. These inconsistencies could create considerable confusion for institutions which are affected by both the old and the new legislation. Moreover, I know that students and faculty members are giving considerable attention to the fairness of campus disciplinary proceedings, and I am concerned about the possibility that Section 706 might engender further confusion in this area.

In order to minimize confusion and alleviate unwarranted fears, I emphasize that I do not interpret Section 706, including its requirements that institutions periodically certify their compliance with its provisions, as placing the Government in the role of a campus policeman. Under this legislation, as I interpret it, the Federal Government will not take on the role of an enforcer or overseer of college rules and regulations. I appreciate and share fully the concern of the Congress that the taxpayers' money should not go to those who bring disorder to our institutions of higher learning. But I believe that it would be more appropriate if the Congress implemented this concern by extending the coverage of Section 504 of the Higher Education Amendments of 1968.

Note: As enacted, the bill (H.R. 12964), approved on December 24, 1969, is Public Law 91-153 (83 Stat. 403).

The National Aeronautics and Space Administration Act, 1970 is Public Law 91-119 (83 Stat. 196) and the National Science Foundation Authorization Act, 1970 is Public Law 91-120 (83 Stat. 203).

Richard Nixon, Statement on Signing the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1970. Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/240456

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