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CRS85700Lpage43
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CRS85700Lpage43
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.v....._.;.....»..-..'.......~......_...,... . . . ....__....-...r... . . , .._;:.u.m.e.:zzu.....:...a..:.n..,.t;...:.v- . ».- .,. . ,-.. ..,.— r.,.-........au:....<:~.-..'.:.=a..«..... .-..,_~._,...;'~ .. .- . . . .~- - ’<l‘l)ciU.u5l)i11,gt.on 99051 ‘February 2, 1985; p. A18 0 1985 Reproduced with Permission. The Washington Post Looking After the Water Supply NE
CRS85700Lpage45
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CRS85700Lpage45
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@112 flflrnininenrrfluurnal February 16; 1985; p..A16 O 1985 The (Providence) Journal. Reproduced with Permission. i Fresh initiatives to safeguard the ground water supplies Concern about the quality of well water in Rhode Island began mount- ing last year when the state exper- ienced a scare over the presence of the pesticide Temik in some drinking water supplies. Since then state offi- , cials
CRS85700Lpage42
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CRS85700Lpage42
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f THE ATLANTA CONSTITUTION January 29, 1985; p. 14A § 1985 Reproduced yvith Permission. ThewAt1anta Constitution . Water-pollution issuelcan"t wait Arizona. Gov. Bruce Babbitt’s «frustration» over the federal“government’s failure to move decisively to solve the rapidly worsen- ing problem of groundwater contamination deserves to be widely shared. Half of the people in the United States rely
CRS85700Lpage38
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CRS85700Lpage38
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THE CHRISTIAN SCIENCE MONITOR § 1984 Reproduced with Permission. ~ NOVEIDEGI‘ 25» 1984; P- 23 The Christian Science Monitor Water: a federal concern ‘ H OW clean is your drinking water? . If you are like most Americans, you probably trust that the water flowing through your kitchen tap is as pure as is reasonably possible. , Unfortunately; as news reports often in- dicate, that is not always so
CRS85700Lpage41
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CRS85700Lpage41
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EH12 cfllarionéifzugtr ~73m1.arY.21s 19353 P» .3A The (Jackson, Miss.) Clarion-Ledger M Delta shadow , Water supply dismal prospect M . ‘A recently completed five-year A Additionally, the study shows that study gives water ‘shortage warnings in Mississippi an unsettling impact. ‘ The study‘ by the U.S. Geological Survey shows that unless agricultur- ' al water use in the Mississippi Delta
CRS85700Lpage39
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CRS85700Lpage39
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drinking sources. _ Although the Oil and Gas Divi- sion has aggressively enforcedlaws against illegal dril1ing,t__}.pending state legislati-one would ‘ provide added muscle. House Bill 501 would increase finemaximums for brine dumping from $1,000 to $5,000 for the first offense__and from-$2,000 to ‘$10,000 for subsequent offenses as well as extending prison time from six months to twofyears. ‘ " _ c
CRS85700Lpage40
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Nswsnlr December 20, 1984; Editorial Page §: 1984 (Long Island) Newsday. Reproduced with Permission. ’ Curbing Development to g Protect Lvs Water The Suffolk County Board of Health seems to be headed for a reasonable com- promise in its effort to safeguard Long Is- 1and’s water supply from unwise develop- ment. Environmentalists want a tough . sanitary code; developers want a lax one
CRS85700Lpage44
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. l 0 1985 The (Nashville) Tennessean. Reproduced with Permission. February 3, 1985; p. 4H New Water Rules Need Debcate V controvesy has developed over a set of proposed regulations issued by water management officials in the state Depart- ment of Health and Environment. The pro- v ~ posed regulations would permit industries to inject waste into groundwater. . Water management officials saylthe
CRS85-664Ap002
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CRS85-664Ap002
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CRS85-664Ap001
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CRS85-664Ap001
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Washington, D.C. 20540 fl*“”" ; r :5 ‘S I ~‘ ">1 , n 4. % : L‘. i "7 “'7'” P./'4 ‘ 4 L ' 1 Congressional Research Service The Library of Congress LC 14.12?/3: A (§5’(oC2L:Li10\ Government Publications A Unit JUL 2 2 3994 Washington University Libraries St, Louis, MO 63130 K M B RY I Washington University GROVE CITY COLLEGE V. BELL AND ITS AFTERMATH Karen J
CRS85-664Ap006
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CRS85-664Ap006
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entity, or part thereof, or other recipient as to whom such a finding has been made, and shall be limited in its effect to the particular program, or part thereof, in which such noncompliance has been so found, or (2) by any other means authorized by law....2O U.S.C. 1682; P.L. 92-318, Title IX, Section 902 (June 23, 1972); (Emphasis added.) The accompanying regulations for Title IX are currently
CRS85-664Ap008
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CRS85-664Ap008
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, even though there has been no proof of actual discrimination; and (4) the College had to comply with Title IX's prohibition against discrimination asla condition for its continued eligibility to participate in the BEOG program and that such requirement did not constitute an infringement of First Amendment rights. aGrove City Col1egev._§gll, 104 S. cc. 1211 (1984). C Grove City College was never
CRS85-664Ap010
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suggestions that entire institutions are subject to the nondiscrimination provision whenever one of their programs receives federal assistance, see 1975 Hearings 178 (Sen. Bayh), we cannot accept the Court of Appeals’ conclusions that in the circumstances present here Grove City itself is a "program or, activity" that may be regulated in its entirety. Id, at 1220. The Court observed that the BEOG
CRS85-664Ap009
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CRS85-664Ap009
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the Education Amendments of 1972. The legislative history of the amendments is replete with ‘statements evincing Congress’ awareness that the student assistance programs established by the amendments would significantly aid colleges and universities. In fact, one of the stated purposes of the student aid pro- visions was to "provid[e] assistance to institutions of higher education." 104 S. Ct. 1211
CRS85-664Ap007
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implied under Title IX. Cannon v. University of Chicago, 441 U.S. 667 (1979). The remedies available include injunctive relief or termination of funding to the educational program or activity discriminating. ‘Title IX was modeled on Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2OOOd‘E£_§eg,, which prohibits discrimination on the basis of race, color or national origin in any program or activity
CRS85-664Ap004
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CRS85-664Ap005
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CRS-1 INTRODUCTION This report discusses legislation pending before the 99th Congress in the ,wake of the U.S. Supreme Court's decision in Grove City College v. Bell, 104 S. Ct. 1211 (1984), and the consideration of the Civil Rights Act of 1984 by the 98th Congress, 2d Session. Grove City arose under somewhat unusual circumstances and is significant because of the manner in which the Court
CRS85-664Ap003
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CRS85-664Ap003
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City College v. Bell, 104 S. Ct. l2ll (1984). The decision stimulated congressional reexamination of the scope of the dis- crimination proscriptions contained not only in the l972 Education Amendments but in the racial, handicapped and age discrimination prohibitions of Title VI of the l964 Civil Rights Act, the Rehabilitation Act of 1973 and the l975 Age Discrimination Act as well. A The 98th
CRS85-664Ap017
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CRS85-664Ap017
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courts were basically split on their understanding of the meaning of "program or activity" prior to the Supreme Court ruling in Grove City College. On January 24, 1985, Rep. Augustus F. Hawkins introduced H.R. 700." The com- panion Senate bill, S. 431, was introduced by Senator Edward Kennedy on February 7, 1985. S. 431/H.R. 700 resembles to a great extent the predecessor
CRS85-664Ap013
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CRS85-664Ap013
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similar programmatic language to that con- tained in Title IX. Like Title IX, Section 504 of the 1973 Rehabilitation Act (29 U.S.C. 794) and the Age Discrimination Act of 1975 (42 U.S.C. 6101-e£_se3.) were ,also modeled on Title VI of the 1964 Civil Rights Act (42 U.S.C. 2000d §£_seq). While it is true that the facts in Grove City College were unique, it is entirely possible, although not necessary

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