District of Columbia Public Postsecondary
Education Reorganization Act
An Act October 26,
1974, Public Law 93-471, 88 Stat. 1423, D.C.
Code 31-1701 et seq.
TITLE I-SHORT TITLE,
PURPOSES, AND DEFINITIONS
SHORT TITLE
SEC. 101. This Act may be cited
as the "District of Columbia Public
Postsecondary Education Reorganization
Act".
STATEMENT OF PURPOSE
SEC. 102. It is the intent of
Congress to authorize a public land-grant
university through the reorganization of
the existing local institutions of public
postsecondary education in the District
of Columbia. It is the clear and specific
intent of the Congress that vocational
and technological education, as well as
liberal arts, sciences, teacher education,
and graduate and postgraduate studies,
within the University be given at all times
its proper priority in terms of funding
with other units within the University,
and that the land-grant funds be utilized
by the University in accordance with the
provisions of the Act of July 2, 1862 (7
U.S.C. 301-305, 307, 308) (known as the
First Morrill Act).
DEFINITIONS
SEC. 103. For the purposes of
this Act—
(a) The term "Trustees" means
the Board of Trustees established under
title II of this Act.
(b) The term "President" means
the chief executive and administrative
officer of the University.
(c) The term "University" means
the University of the District of Columbia
authorized and directed to be established
under title II of this Act.
(d) The term "Provost" means
the academic and administrative head of
each of the several colleges of the University.
(e) The term "Mayor" means the
Mayor of the District of Columbia established
by section 421 of the District of Columbia
Self-Government and Governmental Reorganization
Act.
(f) The term "Council" means
the Council of the District of Columbia
established by section 401 of the District
of Columbia Self-Government and Governmental
Reorganization Act.
(g) The term "Board of Higher Education" means
the Board of Higher Education established
under section 102 of the District of Columbia
Public Education Act (D.C. Code., sec.
31-1602).
(h) The term "Vocational Board" means
the Board of Vocational Education established
under section 202 of the District of Columbia
Public Education Act (D.C. Code, sec. 31-1622).
(i) The term "Board" means the
District of Columbia Board of Education
established under section 303 of the Elected-Board
of Education Act (D.C. Code, sec. 31-101).
(j) The term "financial institutions" means
an insured bank as defined in section 3
of the Federal Deposit Insurance Act, or
a savings and loan association as defined
in section 401 of the National Housing
Act.
TITLE II-BOARD OF TRUSTEES
MEMBERSHIP
SEC. 201. (a) There is hereby authorized
to be established a University of the District
of Columbia, which shall be an independent
agency of the District of Columbia government,
and which shall be governed by a Board
of Trustees consisting, of fifteen members
selected according to the provisions of
this section:
(1) Twelve members nominated by the Mayor,
one of whom shall be a full-time student
at the District of Columbia Teachers College,
or the Federal City College, or the Washington
Technical Institute. Except for the student
member, the nominees under this subsection
shall be subject to Council confirmation.
(2) One member of the Trustees appointed
by the Alumni Association of the District
of Columbia Teachers College, with notice
thereof to the Mayor within forty-five
days after the effective date of this Act.
(3) One member of the Trustees appointed
by the Alumni Association of the Federal
City College, with notice thereof to the
Mayor within forty-five days after the
effective date of this Act.
(4) One member of the Trustees appointed
by the Alumni Association of the Washington
Technical Institute, with notice thereof
to the Mayor within forty-five days after
the effective date of this Act.
(5) In the event the alumni associations
referred to in subsections (2), (3), and
(4) of this section fail to submit an appointee
within the time specified, the Mayor shall
make the appointment.
(6) As the initial terms of the alumni
members expire, the three alumni trustees
shall be appointed by the Alumni Association
of the University or the Mayor if no alumni
association of such University exists.
(b) All nominations and appointments under
this section shall be made not later than
August 2. 1975. The terms of the members
of existing Boards shall terminate on the
day that the Trustees announce the consolidation
has been effectuated, but in no event shall
the terms terminate later than June 30,
1976.
(c) The Trustees shall hold the first
meeting no later than September 2, 1975.
The first meeting of the Trustees shall
be convened by a member of the Trustees
designated by the Mayor.
(d) The student member of the Trustees
shall serve a one-year term of office;
all other Trustees may be selected to serve
one successive term.
(e) The terms of nonstudent Trustees shall
be determined by lots cast at the first
meeting of the Trustees, with the initial
lots to provide:
(1) three shall serve terms of two years;
(2) three shall serve terms of three years;
(3) three shall serve terms of four years;
and
(4) five shall serve terms of five years.
(f) Any Trustee selected to fill a vacancy
shall be selected only for the remainder
of the term for which his predecessor was
selected and in the same manner as the
original selection. A Trustee, may serve
after the expiration of his term until
his successor has qualified to take office.
(g) A Chairman and Vice Chairman (1) shall
be selected by the Trustees from among,
the District of Columbia resident members,
(2) shall serve a one-year term as Chairman
or Vice Chairman, (3) may be reappointed,
and (4) cannot serve in such capacity beyond
their term as member.
(h) All members selected to the Trustees
shall have been residents of the District
of Columbia for the twelve consecutive
months preceding the date of their selection
except that the Mayor may nominate not
more than four persons to the Trustees
who are not residents of the District of
Columbia if, in his judgment, their nominations
would enhance the Trustees.
(i) Members of the Trustees may be employees
of the United States or of the District
of Columbia government, unless they hold
positions in clear conflict of interest.
(j) The president of the University shall
be an ex officio member of the Trustees.
SUSPENSION AND REMOVAL
SEC. 202. Any Trustee shall be
automatically suspended from serving as
such member after he has been found guilty
of a felony by a court of competent jurisdiction.
Upon a final determination of his guilt
or innocence, the term of such member shall
automatically terminate or be reinstated.
COMPENSATION
SEC. 203. Trustees shall serve
without compensation, but may be reimbursed
for their expenses, including per diem
in lieu of subsistence, at the maximum
rate equal to the daily equivalent provided
for by grade 18 of the General Schedule
established under section 5332 of title
5 of the United States Code, with a limit
of $4,000 per annum, while actually engaged
in service for the Trustees.
THE UNIVERSITY OF THE
DISTRICT OF COLUMBIA
SEC. 204. The Trustees shall, by
June 30. 1976, consolidate the existing
public institutions of postsecondary education
in the District of Columbia into a single
institution to be called the University
of the District of Columbia, with several
schools, colleges, institutes, campuses,
and units that offer a comprehensive program
of public postsecondary education. The
institutions of public postsecondary education
in the District of Columbia existing immediately
prior to such consolidation shall be deemed
abolished on the effective date of the
consolidation. Thereafter, any reference
in any law, rule, regulation, or other
document of the United States or of the
District of Columbia to such institutions
shall be deemed to be a reference to the
University of the District of Columbia.
DUTIES OF THE BOARD OF
TRUSTEES
SEC. 205. It shall be the duty
of the Trustees to—
(a) Review the existing public institutions
of postsecondary education with respect
to (l) accreditation, (2) present programs
and functions, and (3) actual and potential
capabilities. Those institutions and programs
within such institutions that are determined
to be sound and valid shall be used as
a basis for the several schools colleges,
institutes, campuses, and units of the
University which shall include but not
be limited to programs of science and technology,
including but not limited to environmental
sciences, liberal and fine arts, vocational
and technical education and professional
studies, including graduate programs, and
postgraduate programs.
(b) Establish or approve policies and
procedures governing admissions, curriculums,
programs, graduation, the awarding of degrees,
and general policymaking for the units
of the University.
(c) Prepare and submit to the Mayor on
a date fixed by the Mayor, an annual budget
for the fiscal year beginning July 1, 1977.
Such budget shall include a proposed financial
operating plan for such fiscal year, and
a capital and educational improvements
plan for such fiscal year and the succeeding
four fiscal years for the University. The
Mayor and the Council shall establish the
maximum amount of funds which will be allocated
to the Trustees for Higher Education, but
may not specify the purposes for which
such funds may be expended for the amount
of such funds which may be expended for
the various programs under the jurisdiction
of the Trustees.
(d) The Trustees may transfer, during
the fiscal year, any appropriation balance
available for one item of appropriation
to another item of appropriation or to
a new program, in an amount not to exceed
$50,000.
(e) Enter into negotiations and binding
contracts pursuant to Council regulations
regarding contracting with the governments
of the United States and District of Columbia
and other public and private agencies to
render and receive services.
(f) Enter into negotiations and binding
contracts pursuant to Council regulations
to perform organized research, training,
and demonstrations on a reimbursable basis
for the United States and the government
of the District of Columbia and other public
and private agencies.
(g) Fix tuition for students attending
the University with tuition charges to
nonresidents being fixed as far as is feasible
in amounts comparable to nonresident charges
made by similar, institutions.
(h) Fix fees, in addition to tuition,
to be paid by resident and nonresident
students attending the University. Receipts
from these fees shall be deposited in a
revolving fund in one or more financial
institutions in the District of Columbia,
and shall be available, when appropriated,
for such purposes as the Trustees shall
approve, without fiscal year limitation.
(i) Select, appoint, and fix the compensation
for a President of the University and Provosts
of the units of the University, and approve
the appointment and compensation of such
other officers as it deems necessary, including
legal counsel, except that in no case shall
any such compensation be fixed in an amount
in excess of that provided for the Mayor
unless specifically authorized by legislative
act of the Council.
(j) Procure temporary and intermittent
services to the same extent as is authorized
by section 3109 of title 5, United States
Code, but at daily rates for individuals
not in excess of the maximum daily rate
for GS-18 of the General Schedule under
section 5332 of such title.
(k) Develop and define a policy governing
academic freedom for the University and
establish mechanisms to ensure its enforcement.
(1) Perform such others duties as may
be necessary to carry out the purposes
of this Act.
PERSONNEL SYSTEM
SEC. 206. (a) Notwithstanding any
other provision of law, the Trustees are
hereby authorized to establish, not earlier
than one year and not later than five years
after the effective date of this section,
a personnel system (setting forth minimum
standards) for all employees of units,
facilities, and programs of the University,
including, but not limited to, pay, contract
terms, leave. residence, retirement, health
and life insurance, employee disability,
and death benefits, all at least equal
to those provided by legislation enacted
by Congress, or regulations adopted pursuant
thereto, and applicable to such officers
and employees immediately prior to the
effective date of the system established
pursuant to this section. Any provision
in the personnel system established by
the Trustees under this section requiring,
employees to be, residents of the District
of Columbia shall apply only to employees
hired after the effective date of such
system.
(b) The personnel policies of the trustees
shall incorporate Executive Order numbered
of the Commissioner of the District of
Columbia, as implemented by chapter 25A,
of the District Personnel Manual, or similar
policies developed by the Trustees to guarantee
collective bargaining; rights of employees
subject to this section.
(c) Personnel legislation in effect prior
to the establishment by the Trustees of
such system, including without limitation,
legislation relating to appointments, promotions,
discipline, separation pay, unemployment
compensation, health disability and death
benefits, leave, retirement, insurance,
and veterans preference applicable to such
employees, shall continue to be, applicable
until such time as the Trustees shall,
pursuant to this section, provide for coverage
under new personnel system.
(d) All actions affecting such personnel
and such members shall, until such time
as a personnel system is established by
the Trustees superseding such laws and
establishing a permanent personnel system
for all employees of the University continue
to be subject to the provisions of Acts
of Congress relating to the appointment,
promotion, discipline, separation, and
other conditions of employment applicable
to Officers and employees of the District
government, and where applicable, to the
provisions of the joint agreement between
the Commissioners and the Civil Service
Commission authorized by Executive Order
Numbered 5491 of November 18, 1930, relating
to the appointment of District personnel.
TRANSFER OF FUNCTIONS,
ASSETS, AND LIABILITIES
SEC. 207. The Board of Higher
Education and the Vocational Board shall
be abolished on the day the Trustees announce
that the consolidation has been effectuated,
but in no event shall the Boards be abolished
later than June 30, 1976. Except as provided
by this Act all functions, powers, and
duties of the Board of Higher Education
and the Vocational Board under the District
of Columbia Public Education Act of 1966
(D.C. Code, sec. 31-1601) shall be vested
in and exercised by the Trustees. All employees,
property (real and personal), and unexpended
balances (available or to be made available)
of appropriations, allocations, and all
other funds and assets and liabilities
of the Board of Higher Education and Vocational
Board are authorized to be transferred
to the Trustees, except the functions of
licensing institutions to confer degrees
as authorized by Public Law 89-791 (D.C.
Code. sec. 29-415).
ESTABLISHMENT OF LAND-GRANT
UNIVERSITY
SEC. 208. (a) In the administration
of—
(1) the Act of August 30,1890 (7 U.S.C.
321-326, 328) (known as the Second Morrill
Act),
(2) the tenth paragraph under the heading "Emergency
Appropriations" in the Act of March
4. 1909 (7 U.S.C. 322) (known as the Nelsen
amendment),
(3) section 22 of the Act of June 29,
1935 (7 U.S.C. 329) (known as the Bankhead-Jones
Act),
(4) the Act of March 4, 1940 (7 U.S.C.
331), and
(5) the Agricultural Marketing Act of
1946 (7 U.S.C. 1621-1627), the University
shall be considered to be a university
established for the benefit of agriculture
and the mechanic arts in accordance with
the provisions of the Act of July 2, 1862
(7 U.S.C. 301-305, 307, 308) (known as
the First Morrill Act); and the term "State",
is used in the laws and provisions of law
listed in the preceding, paragraphs of
this section shall include the District
of Columbia.
(b) In the administration of the Act of
May 8, 1914 (7 U.S.C. 341-346, 347a-349)
(known as the Smith-Lever Act)—
(1) the University shall be considered
to be a university established for the
benefit of agriculture and the mechanic
arts in accordance with the provisions
of the Act of July 2, 1862 (7 U.S.C. 301-
305, 307,308); and
(2) the term "State" as used
in such Act of May 8, 1949, shall include
the District of Columbia, except that the
District of Columbia shall not be eligible
to receive any sums appropriated under
section 3 of such Act.
(c) In lieu of an authorization of appropriations
for the District of Columbia under section
3 of such Act of May 8, 1914, there is
authorized to be appropriated such sums
as may be necessary to provide cooperative
agricultural extension work in the District
of Columbia under such Act. Such sums may
be used to pay no more than one-half of
the total cost of providing such extension,
work. Any reference in such Act (other
than section 3 thereof) to funds appropriated
under such Act shall in the case of the
District of Columbia be considered a reference
to funds appropriated under this subsection.
(d) Four per centum of the sums appropriated
under subsection (c) for each fiscal year
shall be allotted to the Federal Extension
Service of the Department of Agriculture
for administrative, technical, and other
services provided by the Service in carrying
out the purposes of this section.
(e) The second sentence of the first section
of the Act of March 2, 1887 (7 U.S.C. 36la-361i)
is amended by inserting "(including
the District of Columbia)" immediately
after "the several States".
STATE CONSENT
SEC. 209. The enactment of this
Act shall, as respects the District of
Columbia be deemed to satisfy any requirement
of State consent contained in any of the
laws or provisions of law referred to in
Section 208.
TITLE III-AUTHORIZATIONS
SEC. 301. (a) There are authorized
to be appropriated out of any money in
the Treasury to the credit of the District
of Columbia such sums as may be necessary
for carrying out the purpose of this Act.
(b) The President is authorized to provide
for the expenditure in amounts not to exceed
$2,OOO of funds for such purposes as may
be deemed necessary within limits that
may be specified in annual appropriations.
The President shall be personally responsible
for the expenditure of appropriations made
pursuant to this section, and such expenditures
shall be supported by vouchers and shall
be audited by the District of Columbia
Auditor.
TITLE IV-MISCELLANEOUS
MEETINGS
SEC. 401. Meetings may be called
by the Chairman or a majority of the members
of the Trustees. No official action may
be taken by the Trustees except at a meeting
of the Trustees at which a quorum is present.
Eight members shall constitute a quorum
but a lesser number may hold hearings.
Each meeting of the Trustees shall be open
to the public and held in the District
of Columbia with appropriate notice of
each such meeting given to the general
public, except a majority of the Trustees
may elect to go into executive session
to take action on personnel matters.
ADVISORY COMMITTEES
SEC. 402. The Trustees shall appoint
such advisory committees as necessary to
advise on educational policy. Such advisory
committees may consist of members of the
Trustees, students, faculty members, parents,
governmental, educational, business, industrial,
labor, and community representatives.
GIFTS AND CONTRIBUTIONS
SEC. 403. The Trustees may accept
services and moneys, including gifts or
endowments, from any source whatsoever,
for use in carrying out the purposes of
this Act. Such moneys, including income
derived from any such gift or endowment,
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, when appropriated, shall be in such
amounts, to such extent, and in such manner
as the Trustees, in their judgment, may
determine necessary to carry out the purposes
of this Act.
ANNUAL REPORT
SEC. 404. The Trustees shall make
an annual report to the Congress, Mayor,
Council, and the general public, on November
1 of each year, on the operation of programs
and the expenditure of all funds for public
higher education in the District of Columbia.
NEW AUTHORITY GRANTED
BOARD OF EDUCATION
SEC. 405. (a) The Board may transfer,
during the fiscal year, any appropriation
balance available for one item of appropriation
to another item of appropriation or to
a new program, in an amount not to exceed
$50,000.
(b) The Board may enter into negotiations
and binding contracts pursuant to Council
regulations regarding, contracting with
the governments of the United States and
District of Columbia and other public and
private agencies to render and receive
services.
AUTHORITY OF COUNCIL
SEC. 406. Notwithstanding any other
provision of law, or any rule of law, nothing
in this Act shall be construed as limiting
the authority of the Council to enact any
act or resolution, after January 2, 1975,
pursuant to the District of Columbia Self-Government
and Governmental Reorganization Act with
respect to any matter covered by this Act.
EFFECTIVE DATE
SEC. 407. This Act shall take eftect
July 1, 1975, unless the Council, after
January 2, 1975, adopts legislation in
accordance with the District of Columbia
Self-Government and Governmental Reorganization
Act, repealing this Act prior to July 1,
1975. In any case in which the Council
adopts any such legislation amending or
otherwise modifying this Act (other than
its repeal), the foregoing provisions of
this Act as so amended or modified shall
take effect on July 1, 1975, unless the
Council provides, by such legislation,
for an effective date other than that provided
by this section, in which case this Act,
as so amended or modified take effect on
the date prescribed by such legislation
of the Council.
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