SUMMARY OF MAJOR LEGISLATIVE ACTION OF THE EDUCATION AND LABOR COMMITTEE, 92D CONGRESS, 1ST SESSION

BLACK LUNG BENEFITS

The Committee on Education and Labor on August 5, 1971, reported H.R. 9212 (H. Rept. 92-460). This bill passed the U.S. House of Representatives on November 10 and is currently pending before the Senate Labor and Public Welfare Committee.

The legislation seeks to correct two inequities in existing law. First, title IV of the Federal Coal Mine Health and Safety Act of 1969 presently permits the payment of benefits only to miners or their widows. When both are deceased the dependent surviving children are not entitled to benefits. H.R. 9212 provides for the payment of benefits to such "double orphans."

Second, the disability insurance provisions of the Social Security Act require the reduction of benefits in instances where the recipient is also receiving workmen's compensation and the combined benefits exceed 80 percent of his predisability average earnings. Due to the interpretation of the black lung provisions as a workmen's compensation law, some miners have actually received a reduction in benefits when they began receiving black lung benefits payments. The bill, in an effort to correct this, contains language affirming that the black lung provisions shall not be considered as a workmen's compensation law for purposes of the disability insurance provisions of the Social Security Act.

In addition, the bill prohibits the use of chest X-rays as the sole basis for the denial of claims and extends the existing program of payment of black lung benefits for 2 years.

ECONOMIC OPPORTUNITY

The Economic Opportunity Amendments of 1971, H.R. 10351, were reported by the committee on September 8 (H. Rept. 92-471). The bill passed the House of Representatives on September 30 and similar legislation passed the Senate on September 9. On December 9 the bill was vetoed by the President, and the Senate sustained the veto on December 10.

This legislation, among other things, would have extended the authorization for existing programs for 2 additional years; created two new special emphasis programs-an environmental action program designed to employ low-income persons on projects aimed at combating pollution and improving the environment, and a rural housing development and rehabilitation program designed to assist low-income families in obtaining standard housing; created a comprehensive program

to provide health, nutrition, and education services to economically disadvantaged children and children of working mothers and single parents; created an independent Legal Services Corporation; provided that persons receiving comprehensive health services who were not members of low-income families be required to make payment, in whole or in part, for such assistance; authorized special programs to promote employment opportunities for rehabilitated drug addicts or those participating in therapeutic programs; and authorized the development of special programs by which residents of low-income rural and urban areas could improve the quality of their participation in community life through self-help and the mobilization of the community at large.

EMERGENCY SCHOOL ASSISTANCE

H.R. 2266, legislation which would aid local school districts in eliminating racial isolation, overcoming the disadvantages of past isolation and establishing and maintaining quality integrated schools, was reported by the Education and Labor Committee on October 19, 1971 (H. Rept. 92-576). In modified form its provisions were added by floor amendment to H.R. 7248, the Higher Education Amendments of 1971, when that bill passed the House on November 4. Legislation similar to the Emergency School Assistance Act passed the Senate on April 26. Under the provisions of the legislation, school districts which have been ordered to desegregate by the courts, the Department of Health, Education, and Welfare, or State agencies, those voluntarily integrating all or some of their schools, and those working to prevent their school districts from becoming segregated are eligible for grants. Funds may be used for remedial services; additional staff and the training and retraining of staff; guidance and counseling; new instructional techniques and materials; shared facilities; interracial educational programs; repair and minor remodeling; community activities: special administrative services; planning and evaluation; and other specially designed programs.

The bill authorizes $500 million for fiscal year 1972 and $1 billion for 1973. Four percent of the appropriation is to be available to the Secretary of Health, Education, and Welfare for funding bilingual education programs. Ninety percent is to be allocated among the States in proportion to the number of minority children for grants to eligible local school districts. The remaining 6 percent is to be available to the Secretary for carrying out special programs in local school districts and for evaluation.

EQUAL EMPLOYMENT OPPORTUNITY

H.R. 1746 was reported by the committee on June 2, 1971 (H. Rept. 92-238). It passed the House after being amended to contain the language of H.R. 9247 on September 16, 1971, and was subsequently referred to the Senate Labor and Public Welfare Committee.

The bill as it passed the House provides that when a written charge has been filed with the Equal Employment Opportunity Commission that an employer has engaged in an unlawful employment practice. the Commission shall make an investigation of such charge and if it

determines there is reasonable cause to believe the charge is true the Commission shall endeavor to eliminate the unlawful practice by informal methods. If the Commission is unable to obtain voluntary compliance it may bring a civil action in court.

If, however, after the preliminary investigation the Commission determines that substantial and irreparable injury will be unavoidable to the aggrieved party it may bring an action for appropriate temporary or preliminary relief pending final disposition of such charge.

HIGHER EDUCATION

The committee reported H.R. 7248, the Higher Education Amendments of 1971, on October 8, 1971 (H. Rept. 92-554). It passed the House of Representatives on November 4. S. 659, a similar bill had passed the Senate on August 6. Upon passage the House struck the language of S. 659 and substituted the language contained in H.R. 7248 and returned S. 659 to the Senate requesting a conference.

S. 659 as amended by the House would extend all titles of the Higher Education Act of 1965 through fiscal year 1976, enabling the continuation of such programs as community service and continuing education; college library programs; programs to strengthen developing institutions; programs of student financial aid; the Education Professions Development Act; programs for strengthening instruction in science, mathematics, modern foreign languages; international education; education for the public service; programs of grants and loans for the construction of academic facilities.

The bill, in addition, establishes a number of new programs: a program of general financial assistance to institutions of higher education; mineral conservation education and support of mineral resource conservation institutes at institutions of higher education; special assistance for the College of the Virgin Islands and the University of Guam; establishes a National Institute of Education in the Department of Health, Education, and Welfare to conduct and support research and development in education; establishes a Bureau of Occupational Education in the U.S. Office of Education and authorizes the Commissioner to make grants to the States for the planning and administration of occupational education programs in elementary and secondary schools and in postsecondary institutions; provides for a study on youth camp safety; and provides financial assistance to meet the special needs incident to the elimination of racial segregation and discrimination in elementary and secondary schools.

This legislation is presently pending in the Senate which must take action to enable a resolution of the differences between the House- and Senate-passed bills.

JUVENILE DELINQUENCY

H.R. 6247 was reported by the Education and Labor Committee on June 17, 1971 (H. Rept. 92-282). It passed the House and the Senate on June 21 and was finally approved June 30, 1971 (Public Law 92-31). This legislation extends the Juvenile Delinquency Prevention and Control Act for 1 additional year, through June 30, 1972, and authorizes

a sum of $75 million. It also makes the Federal rate of assistance for rehabilitative and preventive programs uniform at 75 percent rather than the present 75 percent for preventive services and 60 percent for rehabilitative services; allows rehabilitative grants to private nonprofit agencies; and creates an Inter-Departmental Council on Juvenile Delinquency to coordinate all Federal juvenile delinquency programs which will consist of the Attorney General, the Secretary of Health, Education, and Welfare, and representatives of other Federal agencies which they may designate.

MANPOWER DEVELOPMENT AND TRAINING

The committee on December 2, 1971, reported H.R. 11570 (H. Rept. 92-702), a bill to postpone the expiration date of title II of the Manpower Development and Training Act of 1962 for 1 year enabling the continuation of such programs as the opportunities industrialization centers, skill centers and institutional and on-the-job training. The bill passed the House on December 6.

MINIMUM WAGE

H.R. 7130 was reported by the committee on November 17, 1971 (H. Rept. 92-672). This bill provides a new minimum wage rate for nonagricultural employees covered prior to the 1966 amendments and Federal employees covered by the 1966 amendments of $2 per hour effective January 1, 1972; for nonagricultural employees covered by the 1966 and 1971 amendments $1.80 an hour effective January 1, 1972 and $2 effective January 1, 1973; for agricultural employees covered by the act $1.50 effective January 1, 1972 and $1.70 effective January 1, 1973; for hotel, motel, restaurant, food service, conglomerate, and public employees in Puerto Rico and the Virgin Islands a minimum wage rate equal to that for counterparts in the United States.

The bill extends the minimum wage and overtime coverage to Federal, State, and local public employees, domestic service employees in households, employees in preschool centers, and conglomerate employees. It reduces the overtime exemption for nursing home employees; repeals the overtime exemption for sugar processing employees; reduces and ultimately repeals the overtime exemption for transit employees and seasonal industry and agricultural processing employees: and extends overtime coverage to maids and custodial employees of hotels and motels.

The bill, further, establishes procedures for the relief of domestic industries and workers injured by increased imports from low-wage areas and makes the employment knowingly of illegal aliens a misdemeanor.

The bill is presently pending before the House Rules Committee.

NUTRITION FOR THE ELDERLY

S. 1163 passed the Senate November 30, 1971, and was reported by the Education and Labor Committee on December 9 (H. Rept. 92-726). This legislation adds a new title to the Older Americans Act of 1965