PUBLIC LAW 94-482-OCT. 12, 1976 90 STAT. 2085 105(a) (4) and inserting in lieu thereof "community service and 20 USC 1005. continuing education programs, including resource materials sharing programs,"; (8) by inserting "or combinations thereof" after "institutions of higher education" in section 105(a)(5); (9) by striking section 105 (a) (6) and inserting in lieu thereof the following: "(6) assurances that all institutions of higher education in the State have been given the opportunity to participate in the development of the State plan."; and (10) by inserting immediately after section 105 (b) the following new subsection: "(c) The Commissioner shall not by standard, rule, regulation, guideline, or any other means, either formal or informal, require a State to make any agreement or submit any data which is not specifically required by this part.". (c) Section 107(a) of the Act is amended by striking out "$25,000" 20 USC 1006. and inserting in lieu thereof "$40,000". (d) Section 109 of the Act is amended to read as follows: "JUDICIAL REVIEW "SEC. 109. If a State's plan is not approved under section 105 (b) or a State's eligibility to participate in the program is suspended 20 USC 1008. as a result of the Commissioner's action under section 108(b), the 20 USC 1007. State may within sixty days after notice of the Commissioner's decision institute a civil action in an appropriate United States district court. In such an action, the court shall determine the matter de novo.". (e) Title I of the Act is further amended by redesignating sections 111, 112, and 113, and any references thereto, as sections 112, 113, and 114, respectively, and inserting immediately after section 110 the following new section: "TECHNICAL ASSISTANCE AND ADMINISTRATION "SEC. 111. (a) The Commissioner is authorized to reserve not to exceed 10 per centum of the amount appropriated for any fiscal year pursuant to section 101 (a) in excess of $14,500,000 for the purpose of this section. "(b) From funds reserved under subsection (a) of this section, the Commissioner shall provide technical assistance to the States and to institutions of higher education. Such technical assistance shall "(1) provide a national diffusion network to help assure that effective programs are known among such States and institutions; "(2) assist with the improvement of planning and evaluation procedures; and "(3) provide information about the changing enrollment patterns in postsecondary institutions, and provide assistance to such States and institutions in their efforts to understand these changing patterns and to accommodate them.". "(c) The Commissioner shall provide for coordination between community service and continuing education programs (including resource materials sharing programs) conducted by him with all other appropriate offices and agencies, including such offices and agencies which administer vocational education programs, adult education programs, career education programs, and student and institutional assistance programs.". 20 USC 10091011. 20 USC 1008b. 20 USC 1001. 90 STAT. 2086 Ante, p. 2085. Ante, p. 2085. 20 USC 10021009. . 20 USC 1015. PUBLIC LAW 94-482-OCT. 12, 1976 (f) (1) Section 112 of the Act (as redesignated by subsection (e)) is amended (A) by striking out "the Commissioner, who shall be Chairman." in subsection (a); and (B) by striking out "through June 30, 1975" in subsection (f) and inserting in lieu thereof "until the programs authorized by this part are terminated". (2) The text of section 113 of the Act (as redesignated by subsection (e)) is amended to read as follows: "Nothing in this section shall modify any authority under the Act of May 8, 1914 (Smith-Lever Act), as amended (7 U.S.C. 341–348).". (g) Title I of the Act is further amended (1) by inserting before the section heading of section 101 the following: "PART A-COMMUNITY SERVICE AND CONTINUING EDUCATION PROGRAMS"; (2) by striking out "this title" each time it appears in section 102 through section 112 of such title, and inserting in lien thereof "this part"; and (3) by adding at the end thereof the following new part: "PART B-LIFELONG LEARNING "FINDINGS "SEC. 131. The Congress finds that "(1) accelerating social and technological change have had impact on the duration and quality of life; "(2) the American people need lifelong learning to enable them to adjust to social, technological, political and economic changes: (3) lifelong learning has a role in developing the potential of all persons including improvement of their personal well-being, upgrading their workplace skills, and preparing them to participate in the civic, cultural, and political life of the Nation; "(4) lifelong learning is important in meeting the needs of the growing number of older and retired persons; "(5) learning takes place through formal and informal instruction, through educational programs conducted by public and private educational and other institutions and organizations, through independent study, and through the efforts of business, industry, and labor; "(6) planning is necessary at the national, State, and local levels to assure effective use of existing resources in the light of changing characteristics and learning needs of the population; (7) more effective use should be made of the resources of the Nation's educational institutions in order to assist the people of the United States in the solution of community problems in areas such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use: and (8) American society should have as a goal the availability of appropriate opportunities for lifelong learning for all its citizens without regard to restrictions of previous education or training, sex, age, handicapping condition, social or ethnic background, or economic circumstance. PUBLIC LAW 94-482-OCT. 12, 1976 "SCOPE OF LIFELONG LEARNING 90 STAT. 2087 "SEC. 132. Lifelong learning includes, but is not limited to, adult 20 USC 1015a. basic education, continuing education, independent study, agricultural education, business education and labor education, occupational education and job training programs, parent education, postsecondary education, preretirement and education for older and retired people, remedial education, special educational programs for groups or for individuals with special needs, and also educational activities designed to upgrade occupational and professional skills, to assist business, public agencies, and other organizations in the use or innovation and research results, and to serve family needs and personal development. "LIFELONG LEARNING ACTIVITIES "SEC. 133. (a) The Assistant Secretary shall carry out, from funds appropriated pursuant to section 101 (b), a program of planning, assessing, and coordinating projects related to lifelong learning. In carrying out the provisions of this section, the Assistant Secretary shall- "(1) foster improved coordination of Federal support for lifelong learning programs; 20 USC 1015b. 20 USC 1001. "(2) act as a clearinghouse for information regarding lifelong Information learning, including the identification, collection, and dissemina- clearinghouse. tion to educators and the public of existing and new information regarding lifelong learning programs which are or may be carried out and supported by any department or agency of the Federal Government; "(3) review present and proposed methods of financing and administering lifelong learning, to determine "(A) the extent to which each promotes lifelong learning, "(B) program and administrative features of each that contribute to serving lifelong learning, "(C) the need for additional Federal support for lifelong learning, and "(D) procedures by which Federal assistance to lifelong learning may be better applied and coordinated to achieve the purposes of this title; "(4) review the lifelong learning opportunities provided through employers, unions, the media, libraries and museums, secondary schools and postsecondary educational institutions, and other public and private organizations to determine means by which the enhancement of their effectiveness and coordination may be facilitated; (5) review existing major foreign lifelong learning programs and related programs in order to determine the applicability of such programs in this country; "(6) identify existing barriers to lifelong learning and evaluate programs designed to eliminate such barriers; and "(7) to the extent practicable, seek the advice and assistance of the agencies of the Education Division (including the Office of Education, the National Institute of Education, the Fund for the Improvement of Postsecondary Education, and the National Center for Education Statistics), other agencies of the Federal Government, public advisory groups (including the National Advisory Councils on Extension and Continuing Education, Adult Education, Career Education, Community Education, and Vocational Education), Commissions (including the National Commission 90 STAT. 2088 PUBLIC LAW 94-482-OCT. 12, 1976 on Libraries and Information Sciences and the National Commission on Manpower Policy), State agencies, and such other persons or organizations as may be appropriate, in carrying out the Commissioner's responsibilities, and make maximum use of information and studies already available. The review required by clause (3) of this subsection shall include— "(i) a comparative assessment of domestic and foreign tax and other incentives to encourage increased commitment of business and labor; "(ii) a study of alternatives such as lifelong learning entitlement programs or educational vouchers designed to assist adults to undertake education or training in conjunction with, or in periods alternative to employment; "(iii) review of possible modifications to existing Federal and State student assistance programs necessary to increase their relevance to the lifelong learning needs of all adults; "(iv) the organization and design of funding for pre- and postretirement training and education for the elderly; and "(v) modifications to Federal and State manpower training, public employment, unemployment compensation, and similar funding programs so as to better facilitate lifelong education and training and retraining, for employment. "(b) After consultation with appropriate State agencies, the Assistant Secretary is authorized "(1) to assist in the planning and assessment, to determine whether in each State there is an equitable distribution of lifelong learning services to all segments of the adult population; "(2) to assist in assessing the appropriate roles for the Federal, State, and local governments, educational institutions and community organizations; and "(3) to assist in considering alternative methods of financing and delivering lifelong learning opportunities, including— "(A) identification of State agencies, institutions, and groups that plan and provide programs of lifelong learning, "(B) determination of the extent to which programs are available geographically, "(C) a description of demographic characteristics of the population served, (D) analysis of reasons for attendance in programs of lifelong learning, and "(E) analysis of sources of funds for the conduct of lifelong learning programs, and the financial support of persons attending programs of lifelong learning. "(c) The Assistant Secretary is authorized, with respect to lifelong learning, to assess, evaluate the need for, demonstrate, and develop alternative methods to improve "(1) research and development activities; "(2) training and retraining people to become educators of adults; "(3) development of curricula and delivery systems appropriate to the needs of any such programs; "(4) development of techniques and systems for guidance and counseling of adults and for training and retraining of counselors; "(5) development and dissemination of instructional materials appropriate to adults; PUBLIC LAW 94-482-OCT. 12, 1976 "(6) assessment of the educational needs and goals of older and retired persons and their unique contributions to lifelong learning programs; "(7) use of employer and union tuition assistance and other educational programs, educational and cultural trust funds and other similar educational benefits resulting from collective bargaining agreements, and other private funds for the support of lifelong learning; "(8) integration of public and private educational funds which encourage participation in lifelong learning, including support of guidance and counseling of workers in order that they can make best use of funds available to them for lifelong learning opportunities; and (9) coordination within communities among educators, employers, labor organizations, and other appropriate individuals and entities to assure that lifelong learning opportunities are designed to meet projected career and occupational needs of the community, after consideration of the availability of guidance and counseling, the availability of information regarding occupational and career opportunities, and the availability of appropriate educational and other resources to meet the career and Occupational needs of the community. "(d) In carrying out the provisions of this section the Assistant Secretary is authorized to enter into agreements with, and to make grants to, appropriate State agencies, institutions of higher education, and public and private nonprofit organizations. 90 STAT. 2089 Agreements and grants, authorization. "(e) In carrying out the provisions of this section, the Assistant Reports. Secretary shall issue reports summarizing research and analysis conducted pursuant to this section, and shall develop the resources and capability to analyze and make recommendations regarding specific legislative or administrative proposals which may be considered by the President or by the Congress. "REPORTS "SEC. 134. The Assistant Secretary shall transmit to the President and to the Congress a report on such results from the activities conducted pursuant to this part as may be completed by January 1, 1978, together with such legislative recommendations as he may deem appropriate. The Assistant Secretary shall similarly report annually thereafter.". PART B-COLLEGE LIBRARY ASSISTANCE AND LIBRARY TRAINING AND RESEARCH EXTENSION OF AUTHORIZATION Transmittal to President and Congress. 20 USC 1015c. SEC. 106. The first sentence of section 201 (b) of the Act is amended 20 USC 1021. by striking out all that follows "authorized to be appropriated" and inserting in lieu thereof "$110,000,000 for fiscal year 1977, $115,000,000 for fiscal year 1978, and $120,000,000 for fiscal year 1979.". |