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CRS85804Apage22
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;New Trends in Employment Discrimination Litiga- tion," 14 Trial 32 (1978). 23] See 125 Cong. Rec. S. 1667 (daily ed. Feb. 22, 1979) (remarks of Sen. Williams). 23/ Discrimination Against Handicapped Persons: The Costs, Benefits and Inflationary Impact of Implementing Section 504 of the Rehabilitation Act of 1973 Covering Recipients of HEW Financial Assistance, 41 Fed. Reg. 20,232 (1976).
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CRS85804Apage16
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. Metropolitan Atlanta Rapid Rail Transit Authority, 681 F.2d 1376 (llth Cir. 1982); Consolidated Rail Corporation v. Lestrange, 687 F.2d 787 (3d Cir. 1982). _1£/ 28 C.F.R. §41.32 (1984).
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CRS85804Apage23
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CRS-19 prohibitions were broadened. This increase in funds may increase tax 22/ revenues. It has also been argued that employment discrimination against handicapped persons requires these individuals to seek assistance through welfare programs. In other words, the federal payments which are given to unemployed handicapped persons create another demand on tax money and one which might
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direct grants and in North Haven, the Court did not define the term "program" at all but considering _1_§_/ Section 501 of the Civil Rights Act of 1964, 42 u.s.c. §2000d, and the Age Discrimination Act, 42 U.S.C. §60l2.
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with particular handicaps may nevertheless not hire them for or promote them to particular jobs, not out of malice, but out of concern for Zfif Accommodating the Spectrum 142-147. 22] Id, at 149.
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CRS85804Apage21
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the Spectrum of Individual Abilities 141 (1983) (Here- after cited as Accommodating the Spectrum). lg] The arguments advanced for and against H.R. 370 and H.R. 1294 may be somewhat different. The basic arguments for and against including handicapped persons in the coverage of title VII will be discussed first and then a separate section will discuss the differences in such arguments for H.R. 1294.
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CRS85804Apage19
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." Therefore, the Court declined to consider whether federal financial assistance was received by the program or activity in Darrone. Due to the Supreme Court's decision in Grove City with regard to title IX and the uncertainty of the meaning of program or activity with regard to section 504 and other civil rights statutes, legislation was introduced in V 14/ the 98th Congress.~—' This legislation
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CRS85804Apage17
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uncertainty regarding the limitation of the phrase "program or activity," especially since the Supreme Court's decision in Grove City College v. Bell, 465 U.S. __R 104 S.Ct. 1211 (1984). .In Grove City, the Supreme Court found that an educational institution is covered by the nondiscrimination provisions of title IX of the Education ll] 28 C.F.R. §4l.S3 (1984). The regulations also contain
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CRS851003EPWpage01
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Washington, DC. 20540 85-1003 EPW The Library of Congress vA.\2f3: \§%+, 41: X5-/003 EPW Congressional Research Service GovennnentsPubflcaflons unn JUL 23 1994 Washmgton University Libraries St. Louis. MO 63130 PRQPER?@” gr is 3 cfifikfifiw '4"-"F‘§r"m ' ‘SELECTED FEDERAL INTERNAL REVENUE CODE PROVISIONS PERTAINING TO EDUCATION eBob Lyke Specialist in Education Education
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CRS851003EPWpage13
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on this legislation, in some States governmental units did not have authority to issue bonds to finance student loan programs. Committee on Finance. Tax Reform Act of 1976. Senate ' report no. 94-938. p. 406. gg/ Sec. 103(0). Sec. 626(b)(2) of the Deficit Reduction Act of 1984, P. L. 98-369, specifies a number of exceptions: bonds issued prior to the date of enactment (July l8, 1984), bonds issued by specified
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CRS851003EPWpage15
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as States could not tax the interest of Feder- al obligations. For a summary of legislative history on this issue, see Albert C. Ritchie, Power of Congress to Tax States Securities Under the Sixteenth Amend- ment. The American Bar Association Journal, vol. 5 (October, 1919), pp. 606-607. Also see Jacob Mertens, The Law of Federal Income Taxes, vol. 1. Wilmette: Calla- han, 1981, chap. 8, pp. 14-30. Q9
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as nongovernmental purposes, including $1.1 billion for student loan bonds (in 1983, such bonds totaled $3.3 billion) and $11.6 billion for all private tax-exempt organization bonds (no separate figure was provided for private colleges and universities). §&/ ‘In 1981-1982, the total of all outstanding State and local government‘long—l term obligations for financing elementary and secondary schools was $41
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in such areas. §§/ . The National Direct Student Loan program is currently the only major Federal student loan program under which recipients are receiving debt cancellation for professional employment. 22/ In fiscal year 1984, over 53,000 individuals §§/ Committee on Finance. Tax Reform Act of 1976. Senate Report no. 94-938. p. 430. 22/0 While Federal health professions student loan programs may offer debt
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thani one percent of their proceeds were used directly or indirectly for nongovernmental purposes. In addition, arbitrage rules would be tightened, arbitrage rebates would be required, and advance refundings prohibited. Q1] Q1] President of the United~5tates. The President's Tax Proposals to the Congress for Fairness, Growth, and Simplicity. May, 1985. pp. 282-292. Among other things
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CRS851003EPWpage12
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. (1.103-l) Not all local school districts may qualify under this provi- sion. £2] Sec. 103(n)(7). £9] For an overview of Internal Revenue Code provisions pertaining to the taxation of State and local government obligations and how they would be changed by various tax reform proposals, see Joint Committee on Taxation, "Tax Refonm Proposals: Tax Treatment of State and Local Government Bonds
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-8... Under the President's tax proposals, the exclusion for certain prizes and awards would be terminated except to the extent that recipients designate that s they go to tax-exempt charitable organizations. $1] ll] President of the United States. NThe President's Tax Proposals to the Congress for Fairness, Growth, and Simplicity. p. 59.
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CRS851003EPWpage14
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for such bonds. In addition, sec. 625 mandates two studies of these bonds. 22/ Sec. 103(n). The aggregate volume of student loan bonds and industrial development bonds that may be issued in any one year is limited for each State to to the greater of $200 million or $150 for every State resident ($100 for every such resident after 1986). Some exceptions are provided. Under sec. 7(a) of the Student Loan
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