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91 STAT. 230

PUBLIC LAW 95-49-JUNE 17, 1977

Public Law 95-49

95th Congress

An Act

June 17, 1977 [H.R. 6692]

Education of the
Handicapped
Amendments of
1977.

20 USC 1401
note.

20 USC 1426.

20 USC 1436.

20 USC 1441.

To extend certain programs under the Education of the Handicapped Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Education of the Handicapped Amendments of 1977".

CENTERS AND SERVICES

SEC. 2. Section 627 of the Education of the Handicapped Act is amended to read as follows:

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 627. There are authorized to be appropriated to carry out the provisions of section 621, $19,000,000 for the fiscal year 1978 and for the succeeding fiscal year, $21,000,000 for fiscal year 1980, $24,000,000 for fiscal year 1981, and $25,000,000 for fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 622, $22,000,000 for fiscal year 1978, $24,000,000 for fiscal year 1979, $26,000,000 for fiscal year 1980, $29,000,000 for fiscal year 1981, and $32,000,000 for fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 623, $25,000,000 for fiscal year 1978 and for each of the two succeeding fiscal years, $20,000,000 for fiscal year 1981 and for the succeeding fiscal year. There are authorized to be appropriated to carry out the provisions of section 625, $10,000,000 for the fiscal year 1978, $12,000,000 for the fiscal year 1979, $14,000,000 for the fiscal year 1980, and $16,000,000 for the fiscal year 1981 and for the succeeding fiscal year.".

PERSONNEL TRAINING

SEC. 3. Section 636 of the Education of the Handicapped Act is amended to read as follows:

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 636. There are authorized to be appropriated for carrying out the provisions of this part (other than section 633) $75,000,000 for the fiscal year 1978, $80,000,000 for the fiscal year 1979, $85,000,000 for the fiscal year 1980, $90,000,000 for the fiscal year 1981, and $95,000,000 for the fiscal year 1982. There are authorized to be appropriated to carry out the provisions of section 633, $2,000,000 for the fiscal year 1978 and the succeeding fiscal year, and $2,500,000 for the fiscal year 1980 and each of the two succeeding fiscal years.".

SPECIAL EDUCATIONAL MODEL PROGRAMS

SEC. 4. Section 641 of the Education of the Handicapped Act is amended by striking out the period and inserting a comma and the following: "including the development and conduct of model programs designed to meet the special educational needs of such children.".

(767)

PUBLIC LAW 95-49-JUNE 17, 1977

RESEARCH

91 STAT. 231

SEC. 5. Section 644 of the Education of the Handicapped Act is amended to read as follows:

แ 'AUTHORIZATION OF APPROPRIATIONS

"SEC. 644. For the purposes of carrying out this part, there are authorized to be appropriated $20,000,000 for the fiscal year 1978, $22,000,000 for the fiscal year 1979, $24,000,000 for the fiscal year 1980, $26,000,000 for the fiscal year 1981, and $28,000,000 for the fiscal year 1982."

INSTRUCTIONAL MEDIA

20 USC 1444.

SEC. 6. Section 654 of the Education of the Handicapped Act is 20 USC 1454. amended to read as follows:

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 654. For the purpose of carrying out this part there are authorized to be appropriated not to exceed $24,000,000 for the fiscal year 1978, $25,000,000 for the fiscal year 1979, $27,000,000 for the fiscal year 1980, $29,000,000 for the fiscal year 1981 and for each succeeding fiscal year thereafter.".

SEC. 7. The amendments made by sections 2, 3, 5, and 6 shall take 20 USC 1426 effect on October 1, 1977.

Approved June 17, 1977.

note.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 95-268 (Comm. on Education and Labor).

SENATE REPORT No. 95-124 accompanying S. 725 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 123 (1977):

May 9, considered and passed House.

May 23, considered and passed Senate, amended, in lieu of S. 725.
June 7, House concurred in Senate amendment.

Note.-A listing of the bill number, law number, title, date of approval, U.S.
Statutes citation, and price of each public law is published on a current basis in the
Federal Register under "List of Public Laws” in the Reminders section. The text
of laws is not published in the Federal Register.

PUBLIC LAW 95-93-AUG. 5, 1977

91 STAT. 627

Public Law 95-93

95th Congress

An Act

1

To provide employment and training opportunities for youth, and to provide for other improvements in employment and training programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That this Act may be cited as the "Youth Employment and Demonstration Projects Act of 1977".

TITLE I-YOUNG ADULT CONSERVATION CORPS

AMENDMENT ESTABLISHING THE CORPS

SEC. 101. The Comprehensive Employment and Training Act of

Aug. 5, 1977 [H.R. 6138]

Youth
Employment and
Demonstration
Projects Act of
1977.

29 USC 801 note.

1973 is amended by adding at the end thereof the following new title: 29 USC 801 note. "TITLE VIII-YOUNG ADULT CONSERVATION CORPS

"STATEMENT OF PURPOSE

"SEC. 801. It is the purpose of this title to establish a Young Adult 29 USC 993. Conservation Corps to provide employment and other benefits to youths who would not otherwise be currently productively employed, through a period of service during which they engage in useful conservation work and assist in completing other projects of a public nature on Federal and non-Federal public lands and waters.

"ESTABLISHMENT OF YOUNG ADULT CONSERVATION CORPS

29 USC 993a.

"SEC. 802. To carry out the purposes of this title, there is hereby established a Young Adult Conservation Corps to carry out projects on Federal or non-Federal public lands or waters. The Secretary of Administration. Labor shall administer this title through interagency agreements with the Secretaries of the Interior and Agriculture. Pursuant to such interagency agreements, the Secretaries of the Interior and Agriculture shall have responsibility for the management of each Corps center, including determination of Corps members' work assignments, selection, training, discipline, and termination, and shall be responsible for an effective program at each center.

"SELECTION OF ENROLLEES

"SEC. 803. (a) Enrollees of the Corps shall be selected by the Secre- 29 USC 993b. taries of the Interior and Agriculture only from candidates referred

by the Secretary of Labor.

"(b) (1) Membership in the Corps shall be limited to individuals who, at the time of enrollment

"(A) are unemployed;

"(B) are between the ages sixteen to twenty-three, inclusive;

91 STAT. 628

Candidate referral.

29 USC 812. 29 USC 872.

29 USC 873.

29 USC 844.

Maximum enrollment period.

Residential and nonresidential Corps centers. 29 USC 993c.

PUBLIC LAW 95-93-AUG. 5, 1977

"(C) are citizens or lawfully permanent residents of the United States or lawfully admitted refugees or parolees;

"(D) are capable, as determined by the Secretary of Labor, of carrying out the work of the Corps for the estimated duration of

each such individual's enrollment.

“(2) Individuals who, at the time of enrollment, have attained age sixteen but not attained age nineteen and who have left school shall not be admitted to membership in the Corps unless they give adequate assurances, under criteria established by the Secretary of Labor, that they did not leave school for the purpose of enrolling in the Corps and obtaining employment under this title.

"(c) The Secretary of Labor shall make arrangements for obtaining referral of candidates for the Corps from the public employment service, prime sponsors qualified under section 102 of this Act, sponsors of Native American programs qualified under section 302 of this Act, sponsors of migrant and seasonal farmworker programs under section 303 of this Act, the Secretaries of the Interior and Agriculture, and such other agencies and organizations as the Secretary of Labor may deem appropriate. The Secretary of Labor shall undertake to assure that an equitable proportion of candidates shall be referred from each State.

"(d) In referring candidates from each State in accordance with subsection (c), preference shall be given to youths residing in rural and urban areas within each such State having substantial unemployment, including areas of substantial unemployment determined by the Secretary of Labor under section 204 (c) of this Act to have rates of unemployment equal to or in excess of 6.5 per centum.

"(e) (1) No individual may be enrolled in the Corps for a total period of more than twelve months, with such maximum period consisting of either one continuous twelve-month period, or three or less periods which total twelve months, except that an individual who attains the maximum permissible enrollment age may continue in the Corps up to the twelve-month limit provided in this subsection only as long as the individual's enrollment is continuous after having attained the maximum age.

"(2) No individual shall be enrolled in the Corps if solely for purposes of membership for the normal period between school terms.

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"SEC. 804. (a) Consistent with each interagency agreement, the Secretary of the Interior or Agriculture, as appropriate, in consultation with the Secretary of Labor shall determine the location of each residential and nonresidential Corps center. The Corps shall perform work on projects in such fields as—

(1) tree nursery operations, planting, pruning, thinning, and other silviculture measures;

"(2) wildlife habitat improvements and preservation;

66

"(3) range management improvements;

"(4) recreation development, rehabilitation, and maintenance;

66

"(5) fish habitat and culture measures;

"(6) forest insect and disease prevention and control;

"(7) road and trail maintenance and improvements;

"(8) general sanitation, cleanup, and maintenance;
"(9) erosion control and flood damage;
"(10) drought damage measures; and

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PUBLIC LAW 95-93–AUG. 5, 1977

91 STAT. 629

"(11) other natural disaster damage measures. "(b) (1) The Secretary of the Interior and the Secretary of Agriculture shall undertake to assure that projects on which work is performed under this title are consistent with the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended by the National Forest Management Act of 1976, and such other standards relating to 16 USC 1600 such projects as each Secretary shall prescribe consistent with other note. provisions of Federal law.

"(2) The Secretary of the Interior and the Secretary of Agriculture shall place individuals employed as Corps members into jobs which will diminish the backlog of relatively labor intensive projects which would otherwise be carried out if adequate funding were made available.

"(c) To the maximum extent practicable, projects shall

"(1) be labor intensive;

"(2) be projects for which work plans could be readily developed;

"(3) be able to be initiated promptly;

"(4) be productive;

"(5) be likely to have a lasting impact both as to the work performed and the benefit to the youths participating;

"(6) provide work experience to participants in skill areas required for the projects;

(7) if a residential program, be located, to the maximum extent consistent with the objectives of this title, in areas where existing residential facilities for the Corps members are available; and

"(8) be similar to activities of persons employed in seasonal and part-time employment in agencies such as the National Park Service, United States Fish and Wildlife Service, Bureau of Reclamation, Bureau of Land Management, Bureau of Indian Affairs, Forest Service, Bureau of Outdoor Recreation, and Soil Conservation Service.

"(d) (1) The Secretary of the Interior and the Secretary of Agriculture, pursuant to agreements with the Secretary of Labor, may provide for such transportation, lodging, subsistence, medical treatment, and other services, supplies, equipment, and facilities as they may deem appropriate to carry out the purposes of this part. To minimize transportation costs, Corps members shall be assigned to projects as near to their homes as practicable.

"(2) Whenever economically feasible, existing but unoccupied or underutilized Federal, State and local government facilities and equipment of all types shall, where appropriate, be utilized for the purposes of the Corps centers with the approval of the Federal agency, State, or local government involved.

"(e) The Secretary of Labor, in carrying out the purpose of this title, shall work with the Department of Health, Education, and Welfare to make suitable arrangements whereby academic credit may be awarded by educational institutions and agencies for competencies derived from work experience obtained through programs established under this title.

"CONDITIONS APPLICABLE TO CORPS ENROLLEES

Corps projects.

Facilities, supplies, and equipment.

Academic credit granted for work experience.

"SEC. 805. (a) Except as otherwise specifically provided in this sub- 29 USC 993d. section, Corps members shall not be deemed Federal employees and shall not be subject to the provisions of law relating to Federal employ

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