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88 STAT. 611

Reimbursement to States, limitation.

"State."

20 USC 241g, 822, 842.

20 USC 845, 862, 8668, 867.

Effective dates.

20 USC 1412

and note.

20 USC 1413.

20 USC 1202.

20 USC 1204.

20 USC 2410 note.

79 Stat. 28; 84 Stat. 126. 20 USC 2410 Ante, p. 491.

(C) If each of the Houses adopts a separate resolution with respect to guidelines submitted in accordance with this paragraph for any year and in connection therewith makes policy statements which differ substantially, then such differences may be resolved by the adoption of a concurrent resolution by both Houses. Any such concurrent resolution shall be deemed to be adopted in accordance with subparagraph (B).

(b) Any State developing a plan pursuant to this section may reject any guidelines developed and published under subsection (a) of this section if such State, as a provision of its plan, states the reasons for each such rejection.

(c) (1) Each State that develops a plan under this section shall be reimbursed for the reasonable amounts expended by the State in the development or administration of such a plan based upon the ratio of the population of that State to the population of all States except that no State shall receive less than $100,000 and no State shall receive more than $1,000,000.

(2) For the purposes of this section the term "State" means the fifty States.

TREATMENT OF PUERTO RICO AS A STATE

SEC. 843. (a) (1) Section 143 (b) of the Elementary and Secondary Education Act of 1965, 202(a)(1), and 302(a)(1) of such Act are each amended by striking out "Puerto Rico,".

(2) Section 202(a) (2), 302(a) (2), 307(b), 502(a)(1), 522(a), 531 (c) (1) (A), and 531 (c) (1) (B) of such Act are each amended by striking out "the Commonwealth of Puerto Rico," each time it appears.

(3) Sections 202(a)(1) and 302(a)(1) of such Act are each amended by striking out "3 per centum" and inserting in lieu thereof "1 per centum". Sections 502(a)(1), 522(a), and 531(c)(1)(A) of such Act are each amended by striking out "2 per centum" and insert-ing in lieu thereof "1 per centum".

(b) (1) Effective after June 30, 1975, section 612(a) (1) of the Education of the Handicapped Act is amended by striking out "Puerto Rico,".

(2) Effective after June 30, 1975, sections 612 (a) (2) and 613(a) (1) of the Education of the Handicapped Act are each amended by striking out "the Commonwealth of Puerto Rico,".

(3) Effective after June 30, 1975, section 612(a) (1) of the Education of the Handicapped Act is amended by striking out "3 per centum" and inserting in lieu thereof "1 per centum".

(c) (1) Section 303 (f) of the Adult Education Act is amended by striking out "the Commonwealth of Puerto Rico," where it occurs, and by inserting "the Commonwealth of Puerto Rico," after "the District of Columbia,".

(2) Section 305 (a) of such Act is amended by striking out “Puerto Rico,".

(3) Section 305 (a) of the Adult Education Act is amended by striking out "2 per centum" and inserting in lieu thereof "1 per centum". (d) Notwithstanding any provision of part A of title I of the Elementary and Secondary Education Act of 1965, the amount which the Commonwealth of Puerto Rico is eligible to receive under subpart 1 of such part A or under sections 121, 122, or 123 for the fiscal year ending June 30, 1975, shall not exceed 50 per centum of the full amount the Commonwealth of Puerto Rico would receive (after required

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ratable reductions) under such subpart or section but for this subsection, and for the fiscal years ending June 30, 1976, June 30, 1977, and June 30, 1978, such amount shall not exceed 75 per centum of the full amount the Commonwealth of Puerto Rico would receive (after required ratable reductions) under such subpart or section but for this subsection.

88 STAT. 612

(e) Unless otherwise specifically provided, the amendments made Effective date. by this section shall be effective on and after July 1, 1974.

PROVISION RELATING TO SEX DISCRIMINATION

SEC. 844. The Secretary shall prepare and publish, not later than 30 days after the date of enactment of this Act, proposed regulations implementing the provisions of title IX of the Education Amendments of 1972 relating to the prohibition of sex discrimination in federally assisted education programs which shall include with respect to intercollegiate athletic activities reasonable provisions considering the nature of particular sports.

EXTENSION OF ADVISORY COUNCILS

SEC. 845. (a) Section 148 (c) of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new sentence: "Subject to section 448 (b) of the General Education Provisions Act, the National Council shall continue to exist until July 1, 1978."

(b) Section 309 (c) of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new sentence: "Subject to section 448 (b) of the General Education Provisions Act, the Council shall continue to exist until July 1, 1978, except that the Council shall not exist during any year for which funds are available for obligation by the Commissioner for carrying out title IV.".

20 USC 241g note.

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(c) Section 708 (a) of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following 81 Stat. 819; new sentence: "Subject to section 448 (b) of the General Education 84 Stat. 151, Provisions Act, the Advisory Committee shall continued to exist until July 1, 1978.".

(d) Section 442 (a) of the Education Amendments of 1972 is amended by adding at the end thereof the following new sentence: "Subject to section 448 (b) of the General Education Provisions Act, the National Council shall continue to exist until July 1, 1978.". (e) Section 716(b) of the Emergency School Aid Act is amended by adding at the end thereof the following new sentence: "Subject to section 448 (b) of the General Education Provisions Act, such Council shall continue to exist until July 1, 1975.".

(f) Section 310(b) of the Adult Education Act is amended by adding at the end thereof the following new sentence: "Subject to section 448 (b) of the General Education Provisions Act, the Council shall continue to exist until July 1, 1978.".

152.
20 USC 880b-5.

86 Stat. 343.
20 USC 1221g.

86 Stat. 368. 20 USC 1615.

87 Stat. 60.

20 USC 1209.

(g) Section 104 (a) of the Vocational Education Act of 1963 is amended by adding at the end thereof the following new sentence: 82 Stat. 1066. "Subject to section 448 (b) of the General Education Provisions Act, 20 USC 1244. the National Council shall continue to exist until July 1, 1976.".

36-930 - 79 · 29

88 STAT. 613

20 USC 241b note.

Ante, pp. 488, 535

USC prec. title 1.

SEPARABILITY

SEO. 846. If any provision of, or any amendment made by, titles I and IV of this Act is held invalid by reason of being inconsistent with the Constitution, all provisions of this Act and amendments made by this Act which are separable from such invalid provision or amendment shall remain in effect. If any such provision or amendment is held invalid in one or more applications of such provision or amendment, such provision or amendment shall remain in effect in all valid applications which are separable from any such application. Approved August 21, 1974.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 93-805 (Comm. on Education and Labor).

SENATE REPORTS: No. 93-763 accompanying S. 1539 (Comm. on Labor and
Public Welfare) and No. 93-1026 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 120 (1974):

Mar. 12, 26, 27, considered and passed House.

May 8, 13-16, 20, considered and passed Senate, amended, in lieu of S. 1539.

July 24, Senate agreed to conference report.

July 31, House agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 10, No. 34:

Aug. 21, Presidential statement.

93rd Congress, S. 1871
September 3, 1974

An Act

To amend the Youth Conservation Corps Act of 1972 (Public Law 92-597, 86 Stat. 1319) to expand and make permanent the Youth Conservation Corps, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of August 13, 1970 ̊ (84 Stat. 794) is amended to read as follows:

"POLICY AND PURPOSE

"SECTION 1. The Congress finds that the Youth Conservation Corps has demonstrated a high degree of success as a pilot program wherein American youth, representing all segments of society, have benefited by gainful employment in the healthful outdoor atmosphere of the national park system, the national forest system, other public land and water areas of the United States and by their employment have developed, enhanced, and maintained the natural resources of the United States, and whereas in so doing the youth have gained an understanding and appreciation of the Nation's environment and heritage equal to one full academic year of study, it is accordingly the purpose of this Act to expand and make permanent the Youth Conservation Corps and thereby further the development and maintenance of the natural resources by America's youth, and in so doing to prepare them for the ultimate responsibility of maintaining and managing these resources for the American people.

"YOUTH CONSERVATION CORPS

Youth Conservation Corps Act of 1970, amendment.

86 Stat. 1319.

2711 note.
16 USC 1701.

"SEC. 2. (a) To carry out the purposes of this Act, there is established 16 USC 1702. in the Department of the Interior and the Department of Agriculture

a Youth Conservation Corps (hereinafter referred to as the 'Corps').

The Corps shall consist of young men and women who are permanent Participants. residents of the United States, its territories, possessions, trust territories, or Commonwealth of Puerto Rico who have attained age fifteen but have not attained age nineteen, and whom the Secretary of the Interior or the Secretary of Agriculture may employ without regard to the civil service or classification laws, rules, or regulations, for the purpose of developing, preserving, or maintaining the lands and waters of the United States.

"(b) The Corps shall be open to youth from all parts of the country of both sexes and youth of all social, economic, and racial classifications with all Corps members receiving compensation consistent with work accomplished, and with no person being employed as a member of the Corps for a term in excess of ninety days during any single year.

"SECRETARIAL DUTIES AND FUNCTIONS

Equal oppor tunity and employment, term.

88 STAT. 1066 88 STAT. 1067

"SEC. 3. (a) In carrying out this Act, the Secretary of the Interior 16 USC 1703. and the Secretary of Agriculture shall

"(1) determine the areas under their administrative jurisdictions which are appropriate for carrying out the programs using employees of the Corps;

"(2) determine with other Federal agencies the areas under the administrative jurisdiction of these agencies which are appropriate for carrying out programs using members of the Corps, and determine and select appropriate work and education programs and projects for participation by members of the Corps;

62 Stat. 982; 80 Stat. 306. 28 USC 2671. 80 Stat. 531; 82 Stat. 98. 5 USC 8101. Regulations.

Facilities, availability to educational institutions.

bility.

(3) determine the rates of pay, hours, and other conditions of employment in the Corps, except that all members of the Corps shall not be deemed to be Federal employees other than for the purpose of chapter 171 of title 28, United States Code, and chapter 81 of title 5, United States Code.

"(4) provide for such transportation, lodging, subsistence, and other services and equipment as they may deem necessary or appropriate for the needs of members of the Corps in their duties: (5) promulgate regulation to insure the safety, health, and welfare of the Corps members; and

"(6) provide to the extent possible, that permanent or semipermanent facilities used as Corps camps be made available to local schools, school districts, State junior colleges and universities, and other education institutions for use as environmental/ ecological education camps during periods of nonuse by the Corps program.

Cost responsi- Costs for operations maintenance, and staffing of Corps camp facilities during periods of use by non-Corps programs as well as any liability for personal injury or property damage stemming from such use shall be the responsibility of the entity or organization using the facility and shall not be a responsibility of the Secretaries or the Corps.

Unoocupied

Federal facilities and sur

plus equipment,

use.

Contract authority.

16 USC 1704.

"States."

88 STAT. 1067 88 STAT. 1068

Application requirements.

"(b) Existing but unoccupied Federal facilities and surplus or unused equipment (or both), of all types including military facilities and equipment, shall be utilized for the purposes of the Corps, where appropriate and with the approval of the Federal agency involved. To minimize transportation costs, Corps members shall be employed on conservation projects as near to their places of residence as is feasible. "(c) The Secretary of the Interior and the Secretary of Agriculture may contract with any public agency or organization or any private nonprofit agency or organization which has been in existence for at least five years for the operation of any Youth Conservation Corps project.

"GRANT PROGRAM FOR STATE PROJECTS

"SEC. 4. (a) The Secretary of the Interior and the Secretary of Agriculture shall jointly establish a program under which grants shall be made to States to assist them in meeting the cost of projects for the employment of young men and women to develop, preserve, and maintain non-Federal public lands and waters within the States. For purposes of this section, the term 'States' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands. Guam, the Trust Territory of the Pacific Islands, and American Samoa.

"(b) (1) No grant may be made under this section unless an application therefor has been submitted to, and approved by, the Secretary of the Interior and the Secretary of Agriculture. Such application shall be in such form, and submitted in such manner, as the Secretaries shall jointly by regulation prescribe, and shall contain

"(A) assurances satisfactory to the Secretaries that individuals employed under the project for which the application is submitted shall (i) have attained the age of fifteen but not attained the age of nineteen, (ii) be permanent residents of the United States or its territories, possessions, or the Trust Territory of the Pacific Islands, (iii) be employed without regard to the personnel laws, rules, and regulations applicable to full-time employees of the applicant, (iv) be employed for a period of not more than ninety days in any calendar year, and (v) be employed without regard to their sex or social, economic, or racial classification; and

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