Antibusing Compromise

An emotional impasse over new restrictions against busing children to integrate schools was broken by the House of Representatives last week when it passed a compromise that satisfied almost no one. It survived mainly because it had been attached, incongruously, to a landmark bill providing discretionary federal aid for the first time to colleges and universities. Inevitably, the intense politics of the busing controversy overshadowed the more significant educational provisions.

On the surface, the whole higher education bill seemed doomed under the conflicting crossfire of the busing arguments. Opposed were liberal Congressmen, the House Black Caucus, the American Civil Liberties Union, the NAACP, the AFL-CIO, the UAW and the League of Women Voters, all because they did not want any busing restrictions. Also against it were Southern Congressmen, many conservatives and the House Republican leadership, because they felt the busing limits were inadequate. Only the most skillful maneuvering by House Democratic leaders, who played on the fears of both opposing forces, pushed it through. As one key operator, Indiana's John Brademas, explained it: "To the liberals we said, 'If this goes down the drain, you're going to get an even worse antibusing bill, plus you lose all this educational aid.' To the conservatives we said, 'This is your last chance to block court-ordered busing.' "

The situation was further confused because the Senate had passed a less restrictive antibusing measure and the House had earlier passed a far stiffer one. Through 19 meetings between conferees from both chambers, neither side had compromised. The House had taken the unprecedented step of twice instructing its conferees to stick by the House version. But in the end they had yielded and agreed to a middle-road measure. This compromise had swiftly passed the Senate, and was before the House for final action. At the end of the roll call, the yeas led by only 145 to 139, but then late voters added to the margin and some members switched. The measure passed 218 to 180.

Incongruous. The bill will postpone the implementation of any lower-court orders to bus or transfer students for the purpose of racial balance until all appeals to higher courts have been resolved, but not beyond Jan. 1, 1974. Federal funds could be used to carry out court-ordered busing if requested by local authorities, but not if it involves sending a child to an inferior school. Somewhat incongruous in a bill that could slow down integration of the schools, President Nixon's request for $2 billion to be spent over two years to help communities desegregate their schools is nevertheless included.

The restrictions fall short of Nix on's request for a flat moratorium on all busing until July 1, 1973 and a lasting ban against busing below the seventh grade. Yet he is expected to sign the bill.

The less controversial educational provisions authorize the use of $18.5 billion over three years for various forms of aid to colleges. The major innovation is that the bill calls for distribution of funds directly to the institutions, both public and private, for use as they see fit. This is an entirely new concept of federal aid, since all past grants to colleges have been earmarked for specific purposes. Although precise amounts must be appropriated in later legislation, the bill authorizes $ 1 billion a year for this general aid.

The bill also will allow specific emergency grants to colleges "in danger of collapse" because of financial difficulties. The measure provides new aid to students, including an outright grant of up to $ 1,400 a year to every student, minus whatever his family can be expected to contribute. Whether or not the funds to meet this goal will be appropriated is still to be seen. The bill also bans discrimination against women in the admissions policies of public colleges and all graduate schools.

The passage of broad federal aid to higher education marks a further erosion in the fears many institutions once held that accepting federal funds could lead to undue governmental influence over their operations.

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