22 USC 2601 note. 29 USC 801 note. 20 USC 1241 note. State education agency review. Applications. Pub. Law 94-405 September 10, 1976 carry out a program of making grants to State and local education agencies for such years for the purpose of operating special adult education programs for Indochina refugees, as defined in section 3 of the Indochina Migration and Refugee Assistance Act of 1975. Such grants may be used for "(1) programs of instruction of adult refugees in basic reading, mathematics, development and enhancement of necessary skills, and promotion of literacy among refugee adults, for the purpose of enabling them to become productive members of American society; "(2) administrative costs of planning and operating such programs of instruction; แ '(3) educational support services which meet the needs of adult refugees, including but not limited to guidance and counseling with regard to educational, career, and employment opportunities; and "(4) special projects designed to operate in conjunction with existing Federal and non-Federal programs and activities to develop occupational and related skills for individuals, particularly programs authorized under the Comprehensive Employment and Training Act of 1973 or under the Vocational Education Act of 1963. "(b) The Commissioner shall not approve an application for a grant under this section unless (1) in the case of an application by a local education agency, it has been reviewed by the respective State education agency which shall provide assurance to the Commissioner that, if approved by the Commissioner, the grant will not duplicate existing and available programs of adult education which meet the special needs of Indochina refugees, and (2) the application includes a plan acceptable to the Commissioner which provides reasonable assurances that adult refugees who are in need of a program are located in an area near that State or local education agency, and would participate in the program if available. "(c) Applications for a grant under this section shall be submitted at such time, in such manner, and contain such information as the Commissioner may reasonably require. "(d) Notwithstanding the provisions of sections 305 and 307 (a), the Commissioner shall pay all the costs of applications approved by him under this section.". Approved September 10, 1976. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-719 accompanying H. R. 7897 (Comm. on SENATE REPORT No. 94-432 (Comm. on Labor and Public Welfare). Vol. 21 (1975): Oct. 29, considered and passed Senate. Vol. 122 (1976): Jan. 19, considered and passed House, amended, in lieu of H. R. 7897. Aug. 30, House agreed to conference report. 90 STAT. 1234 PUBLIC LAW 94-482-OCT. 12, 1976 90 STAT. 2081 To extend the Higher Education Act of 1965, to extend and revise the Vocational Oct. 12, 1976 [S. 2657] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Education Sec. 121. Basic educational opportunity grants. Sec. 122. Supplemental educational opportunity grants. Sec. 123. State student incentive grants. Sec. 124. Special programs for students from disadvantaged backgrounds. Sec. 125. Education information program. Sec. 126. Veterans' cost-of-instruction payments. Sec. 127. Federal and State insured loan programs. Sec. 129. Cooperative education. Sec. 130. Direct loan program. Sec. 131. Student consumer information. Sec. 301. Extension of title III of the National Defense Education Act of 1958. Sec. 303. Extension of the International Education Act of 1966. PART B-OTHER EDUCATION PROGRAMS Sec. 321. Extension and revision of the Emergency School Aid Act. Sec. 322. Extension of the Allen J. Ellender fellowship program. Sec. 323. Maintenance of effort. Sec. 324. Participation of nonpublic school children. Sec. 325. Women's educational equity. Sec. 326. State equalization plans. Sec. 327. Indochina Refugee Children Assistance Act of 1976 and similar programs. Sec. 328. Hold harmless relating to title IV of Elementary and Secondary Education Act of 1965. Sec. 329. Amendment to Adult Education Act. Sec. 330. Amendments relating to Public Law 874, Eighty-first Congress. Sec. 401. Survey of availability of qualified teachers. Sec. 402. Extension of Fund for Improvement of Postsecondary Education. Sec. 404. Technical revision relating to prohibition against Federal control. Sec. 406. Control of paperwork. Sec. 407. Administrative hearings. Sec. 408. Student admission practices. Sec. 409. Extension of reporting dates for certain programs. Sec. 410. Treatment of Indian postsecondary schools. Sec. 411. Presidential advisory councils. Sec. 412. Amendment relating to sex discrimination. Sec. 521. Reports on high school equivalency program and college assistance SEC. 101. (a) Section 101 of the Higher Education Act of 1965 20 USC 1001. (hereafter in this title referred to as "the Act") is amended to read as follows: "APPROPRIATIONS AUTHORIZED "SEC. 101. (a) For the purpose of (1) assisting the people of the United States in the solution of community problems such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use by enabling the Commissioner to make grants under this title to strengthen community service programs of colleges and universities, (2) supporting the expansion of continuing education in colleges and universities and (3) supporting resource materials sharing programs, there are authorized to be appropriated $40,000,000 for the fiscal years 1977, 1978, and 1979. (b) For the purpose of carrying out a program for the promotion of lifelong learning in accordance with the provisions of part B, there are authorized to be appropriated, $20,000,000 for fiscal year 1977, $30,000,000 for fiscal year 1978, and $40,000,000 for fiscal year 1979.". (b) Title I of such Act is amended (1)(A) by amending the heading of section 102 to read as 20 USC 1002. follows: "DEFINITION OF COMMUNITY SERVICE PROGRAM AND CONTINUING EDUCATION PROGRAM"; (B) by inserting "(a)" after the section designation of suh section 102; and (C) by inserting at the end thereof the following new subsections: (b) For purposes of this title the term 'continuing education program' means postsecondary instruction designed to meet the educational needs and interests of adults, including the expansion of available learning opportunities for adults who are not adequately served by current educational offerings in their communities. 90 STAT. 2084 20 USC 1003. 20 USC 1004. State plan. 20 USC 1005. PUBLIC LAW 94-482-OCT. 12, 1976 "(c) For purposes of this title, the term 'resource materials sharing programs' means planning for the improved use of existing community learning resources by finding ways that combinations of agencies, institutions, and organizations can make better use of existing educational materials, communications technology, local facilities, and such human resources as will expand learning opportunities for adults in the area being served."; (2) by amending section 103 (a) to read as follows: "SEC. 103. (a) From the sums appropriated pursuant to section 101 (a) for any fiscal year which are not reserved under section 106(a), the Commissioner shall allot to each State an amount which bears the same ratio to such sums as the population of such State bears to the population of all the States, except that, for any fiscal year beginning on or after October 1, 1976, no State shall be allotted from such sums less than the amount which such State received during the fiscal year beginning July 1, 1975. (3) by striking out "community service programs" in section 104 and inserting in lieu thereof "community service and continuing education programs, including resource material sharing programs,"; (4) by striking out so much of section 105 (a) as precedes paragraph (1) and inserting in lieu thereof the following: "SEC. 105. (a) Any State desiring to receive its allotment of funds under this part for use in community service and continuing education programs, including resource material sharing programs, shall designate or create a State agency or institution which has special qualifications with respect to solving community problems and which is broadly representative of institutions of higher education in the State which are competent to offer community service and continuing education programs, including resource material sharing programs, and shall submit to the Commissioner a State plan. If a State desires to designate for the purpose of this section an existing State agency or institution which does not meet these requirements, it may do so if the agency or institution takes such action as may be necessary to acquire such qualifications and assure participation of such institutions, or if it designates or creates a State advisory council which meets the requirements not met by the designated agency or institution to consult with the designated agency or institution in the preparation of the State plan. A State plan submitted under this part shall-". (5)(A) by inserting "or combination" after "and institution" in section 105(a) (2); and (B) by striking out "community service programs" each place it appears in such section and inserting in lieu thereof "community service and continuing education programs, including resource materials sharing programs,”; (6) (A) by inserting "and combinations thereof” immediately after "institution of higher education" each place it appears in section 105(a) (3) ; (B) by striking out "community service programs" each place it appears in such section and inserting in lieu thereof "community service and continuing education programs, including resource materials sharing programs."; and (C) by striking out "in the light of information regarding current and anticipated community problems in the State" in subparagraph (C) of such section; (7) by striking out "community service programs” in section |