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1077(a)(2)(B) and 1078(b)(1)(E) of this title] shall apply with respect to any loan to cover the cost of instruction for any period of instruction beginning on or after January 1, 1981, to any student borrower who has no outstanding balance of principal or interest on any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 [part B of subchapter IV of this chapter] on the date on which the borrower enters into the note or other written evidence of the loan.

"(5) The amendments made by part D of title IV of this Act [enacting sections 1087cc-1, 1087hh, and 1087ii of this title and amending sections 1087aa to 1087gg of this title] shall apply to loans made under part E of the Act [part D of subchapter IV of this chapter] on or after October 1, 1980.

"(6) The amendment made by section 701 of this Act adding section 731 of the Act [section 1132d of this title] shall apply to loans made under section 731 on or after October 1, 1980."

EFFECTIVE Date of 1976 AMENDMENT

Section 532 of Pub. L. 94-482 provided that: "The provisions of this Act [see Tables for classification] and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act [Oct. 12, 1976] except

"(1) as specifically otherwise provided; and

“(2) that each amendment made by this Act (not subject to clause (1) of this section) providing for authorization of appropriations shall take effect July 1, 1976."

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-50, § 1(a), June 3, 1987, 101 Stat. 335, provided that: "This Act [enacting sections 1059a, 1087tt, 1087uu, 1087uu-1, and 1145d-1 of this title, amending sections 1057, 1058, 1062, 1063a to 1063c, 1065, 1066, 1067, 1069a, 1070a to 1070a-4, 1070a-6, 1070b-3, 1070c-4, 1070d-1b, 1070d-2, 1070e-1, 1070f, 1075, 1077, 1077a, 1078 to 1078-3, 1078-5, 1078-6, 1080a, 1081 to 1083, 1085, 1087-1, 1087-2, 1087d, 1087bb, 1087cc, 1087cc-1, 1087dd, 1087ee, 108700 to 1087ss, 1087vv, 1088, 1089 to 1091, 1092 to 1092b, 1095, 1096, 1098, 1109 to 1109d, 1111, 1111b, 1111f, 1111g, 1122, 1132a, 1132a-1, 1132d, 1132d-2, 1132g-3, 1132i-1, 1134h to 1134j, 1141, 1145e, 1221e, and 1221e-1 of this title, section 4604 of Title 22, Foreign Relations and Intercourse, and sections 2752, 2753, and 2756 of Title 42, The Public Health and Welfare, enacting provisions set out as notes under section 2752 of Title 42, and amending provisions set out as notes under sections 1011, 1071, 1087dd, 1087kk, 1091, 1121, 1145d, 1221-1, and 1221e-1 of this title and section 2753 of Title 42] may be cited as the 'Higher Education Technical Amendments Act of 1987'."

SHORT TITLE OF 1986 AMENDMENTS

Section 1 of Pub. L. 99-498 provided that: "This Act [see Tables for classification] may be cited as the 'Higher Education Amendments of 1986'."

Pub. L. 99-320, § 1, May 23, 1986, 100 Stat. 491, provided: "That this Act [amending sections 1078 and 1080a of this title and a provision set out as a note under section 1072 of this title] may be cited as the 'Student Financial Assistance Technical Corrections Act of 1986'."

Pub. L. 99-272, title XVI, § 16001(a), Apr. 7, 1986, 100 Stat. 339, provided that: "This title [enacting sections 1078-3, 1080a, and 1091a of this title, amending sections 1072, 1074, 1075, 1077, 1078, 1080, 1082, 1083a, 1085, 1087-1, 1087-2, 1087cc, 1087cc-1, 1087dd, 1087gg, 1089, 1091, and 1094 of this title, enacting provisions set out as notes under sections 1072, 1078, and 1078-3 of this title, and amending provisions set out as a note under section 1078 of this title] may be cited as the 'Student Financial Assistance Amendments of 1985'."

SHORT TITLE OF 1983 AMENDMENTS Pub. L. 98-95, § 1, Sept. 26, 1983, 97 Stat. 708, provided: "That this Act [enacting section 1065a of this title, amending section 1069c of this title, enacting provisions set out as a note under section 1132a-1 of this title, and amending provisions set out as notes under sections 123 and 1069c of this title] may be cited as the 'Challenge Grant Amendments of 1983'."

Pub. L. 98-79, § 1, Aug. 15, 1983, 97 Stat. 476, provided: "That this Act [amending sections 1071, 1077, 1077a, 1078, 1078-2, 1083a, 1087-1, 1087-2, 1087cc-1, and 1098 of this title, repealing section 1087-1a of this title, enacting provisions set out as notes under sections 1077, 1077a, 1078, and 1087-1 of this title, and amending provisions set out as notes under sections 1070a, 1078, and 1089 of this title] may be cited as the 'Student Loan Consolidation and Technical Amendments Act of 1983'."

SHORT TITLE OF 1982 AMENDMENT

Pub. L. 97-301, § 1, Oct. 13, 1982, 96 Stat. 1400, which provided: "That this Act [amending sections 1070a, 1083a, 1087-2, and 1087cc-1 of this title and enacting provisions set out as notes under sections 1070a, 1070b-3, 1078, 1087bb, 1089, and 1221e-1 of this title and section 2752 of Title 42, The Public Health and Welfare] may be cited as the 'Student Financial Assistance Technical Amendments Act of 1982'.", was repealed by Pub. L. 99-498, title IV, § 408(b), Oct. 17, 1986, 100 Stat. 1495, eff. with respect to any academic year beginning on or after July 1, 1988.

SHORT TITLE OF 1981 AMENDMENT

Pub. L. 97-35, title V, subtitle B, § 531, Aug. 13, 1981, 95 Stat. 450, provided that: "This subtitle [amending sections 1075, 1077, 1077a, 1078, 1078-1, 1078-2, 1087-1, 1087-2, 1087dd, 1089, 1096, and 1232 of this title, repealing section 1087-3a of this title, and enacting provisions set out as notes under section 1078 of this title] may be cited as the 'Postsecondary Student Assistance Amendments of 1981'."

SHORT TITLE OF 1980 AMENDMENT

Section 1 of Pub. L. 96-374 provided: "That this Act [enacting sections 239a, 1001 to 1005, 1011 to 1015, 1016 to 1019, 1021, 1022, 1029, 1031 to 1034, 1041, 1042, 1047 to 1047j, 1051, 1057 to 1069c, 1070d-1a to 1070d-2, 1077a, 1078-2, 1083a, 1087-1a, 1087cc-1, 1087hh, 1087ii, 1088 to 1098, 1119b to 1119b-5, 1119c to 1119c-2, 1121 to 1127, 1130 to 1132, 1132a to 1132a-1, 1132b to 1132c, 1132d to 1132d-4, 1132e, 1132e-1, 1134d to 1134p, 1135 to 1135a-3, 1136 to 1136d, 1143, 1144a, 1145, 1146, 1221e-1b, 1221e-4, and 3063 to 3065 of this title, section 640c-2 of Title 25, Indians, and sections 2753 and 2756b of Title 42, The Public Health and Welfare, amending sections 1070 to 1070c-3, 1070d, 1070d-1, 1070e to 1077, 1078, 1078-1, 1079, 1080 to 1083, 1085 to 1087-1, 1087-2, 1087aa to 1087cc, 1087dd to 1087gg, 1101 to 1104, 1119 to 1119a-1, 1133 to 1134c, 1135c-1, 1141, 1142, 1221e, 1226a, 1226c, and 1232 of this title, section 326a of Title 7, Agriculture, section 640c-1 of Title 25, sections 714 and 792 of Title 29, Labor, and sections 2751, 2752, and 2756 of Title 42, repealing sections 511 to 513, 1070c-4, 1070d-3, 1087-4, 1134q to 1134s, 1142a, 1142b, 1145, 1145a, 1145c, 1172 to 1174, 1176, 1177, and 1221d of this title and section 2754 of Title 42, enacting provisions set out as notes under sections 236, 1001, 1119b, and 1221-1 of this title and section 301 of Title 7, and amending provisions set out as notes under section 236 of this title and section 301 of Title 71 may be cited as the 'Education Amendments of 1980'."

SHORT TITLE OF 1979 AMENDMENT

Section 1 of Pub. L. 96-49 provided: "That this Act [enacting section 1087gg of this title; amending sections 513, 1001, 1021, 1042, 1051, 1070a, 1070b, 1070c,

1070d, 1070d-2, 1070e-1, 1078, 1087-1, 1087aa, 1088, 1101, 1119, 1121, 1132a, 1132b, 1132c, 1132c-4, 1134, 1134e, 1134i, 1134n, 1134r-1, 1135, 1135a, 1136b, 1142b, 1221d, and 1221e of this title; enacting provisions set out as notes under sections 1070a, 1087-1, 1087gg, and 1088 of this title, and amending provisions set out as a note under section 1070a of this title] may be cited as the 'Higher Education Technical Amendments of 1979'."

SHORT TITLE OF 1978 AMENDMENTS

Section 1 of Pub. L. 95-566 provided: "That this Act [enacting section 1087-3a of this title, amending sections 1070a, 1070c-2, 1070d-1, 1075, 1077, 1078, 1088 and 1088f of this title, and enacting provisions set out as a note under this section] may be cited as the 'Middle Income Student Assistance Act'."

Section 1 of Pub. L. 95-336 provided: "That this Act [amending section 1070e-1 of this title, sections 1001, 1002, and 1007 of Title 21, Food and Drugs, and section 246 of Title 38, Veterans' Benefits, and enacting provisions set out as a note under section 1070e-1 of this title] may be cited as the 'Alcohol and Drug Abuse Education Amendments of 1978'."

SHORT TITLE OF 1976 AMENDMENTS

Section 1 of Pub. L. 94-482 provided: "That this Act [see Tables for classification] may be cited as the 'Education Amendments of 1976'."

Pub. L. 94-328, § 1, June 30, 1976, 90 Stat. 727, provided: "That this joint resolution [amending sections 1070a, 1074, 1078 and 1078a of this title and enacting provisions set out as notes under section 1226a of this title and section 2756 of Title 42, The Public Health and Welfare] may be cited as the 'Emergency Technical Provisions Act of 1976'."

SHORT TITLE OF 1972 AMENDMENT

Section 1 of Pub. L. 92-318 provided: "That this Act [enacting chapter 36 (§ 1601 et seq.), chapter 37 (§ 1651 et seq.), chapter 38 (§ 1681 et seq.), and sections 241aa to 241ff, 887c, 887d, 900 to 900a-5, 1005a, 1021, 1031, 1042, 1070 to 1070e, 1070e-1, 1087-1, 1087-2, 1087aa to 1087ff, 1088d to 1088g, 1119a, 1132a to 1132e-1, 1134 to 1134s, 1135, 1135a, 1135b to 1135c, 1135c-1, 1142a, 1142b, 1144a, 1145a, 1211a, 1221a to 1221h, 1227 of this title, and section 326a of Title 7, Agriculture, and 2756a of Title 42, The Public Health and Welfare; amending sections 240, 241c, 241e, 331a, 332, 421, 441, 511, 513, 822, 823, 842, 843, 863, 880b-3a, 1001, 1003, 1011, 1021, 1022 to 1024, 1027, 1031, 1033, 1041, 1051 to 1056, 1061, 1068, 1070, 1074, 1075, 1077, 1078, 1078a, 1080, 1083, 1084, 1087, 1087a, 1087c, 1088, 1088c, 1091, 1091a to 1091c, 1101, 1102, 1108 to 1111, 1115, 1116, 1118, 1119, 1119a, 1119b-2, 1121, 1129, 1133, 1133a, 1134j, 1136, 1136a, 1136b, 1141, 1176, 1231, 1231a, 1232a, 1232c, 1242, 1244, 1248, 1302, 1321 to 1323, 1341, 1352, 1371, 1391, and 1412 of this title, and sections 329, 331, 343, 349, 361, and 1626 of Title 7, sections 24, 84, 1464, and 1757 of Title 12, Banks and Banking, sections 203 and 213 of Title 29, Labor, and sections 2751, 2752, and 2754 of Title 42; repealing sections 1, 2, 426, 711 to 721, 731, 732, 746, 1021, 1031, 1032, 1060, 1118, 1119a, 1119b-2, and 1119c-4 of this title; and enacting provisions set out as notes under sections 241a, 241e, 241aa, 331a, 425, 821, 887d, 1001, 1005a, 1009, 1070, 1070e, 1074, 1075, 1087-2, 1087aa, 1091a, 1132a, 1132c-3, 1135c, 1231, and 1232 of this title, and sections 301 and 326a of Title 7, and section 3501 of Title 42] may be cited as the 'Education Amendments of 1972'."

SHORT TITLE OF 1968 AMENDMENT Section 1 of Pub. L. 90-575 provided: "That this Act [enacting sections 451 to 455, 746, 1056, 1060, 1087, 1087a to 1087c, 1088 to 1088c, 1089, 1119a-1, 1129a, 1133 to 1133b, 1134 to 11341, 1135, 1135a, 1135b, 1135c, 1136 to 1136b, 1145, 1146 to 1150 of this title, amending sections 403, 421 to 425, 425 note, 426, 441 to 445,

462 to 464, 481 to 484, 511, 513, 562, 581, 584, 588, 591, 711, 713 to 718, 731, 732, 743, 751, 758, 961, 1001, 1005, 1006, 1021 to 1024, 1031, 1033, 1041, 1051, 1061, 1062, 1065 to 1068, 1071 to 1075, 1077, 1078, 1080, 1083 to 1086, 1091c, 1101, 1104, 1108 to 1111, 1113, 1114, 1115, 1118, 1119a, 1119b-2, 1121, 1124, 1125, 1141, 1142, 1143, 1144 and 1176 of this title, section 1464 of Title 12, Banks and Banking, and sections 2741, 2751 to 2756, and 2809 of Title 42, The Public Health and Welfare, repealing sections 733, 981 to 996 of this title, and section 2757 of Title 42, and enacting provisions set out as notes under sections 423 to 425, 445, 462 to 464, 588, 713, 716 to 718, 743, 751, 981, 1001, 1006, 1022, 1024, 1051, 1056, 1060, 1067, 1071, 1077, 1078, 1083, 1088b, and 1109 of this title, and sections 2751, 2753, 2754, and 2809 of Title 42] may be cited as the 'Higher Education Amendments of 1968'."

SHORT TITLE OF 1966 AMENDMENT

Pub. L. 89-752, § 1, Nov. 3, 1966, 80 Stat. 1240, provided: "That this Act [enacting section 1086 of this title, amending sections 403, 421, 425, 441, 443, 711-715, 731, 743, 744, 751, 1022, 1051, 1072, 1121, and 1124 of this title, and enacting provisions set out as notes under sections 403, 443, 1022, 1071, and 1124 of this title] may be cited as the 'Higher Education Amendments of 1966'."

SHORT TITLE

Section 1 of Pub. L. 89-329 provided: "That this Act [enacting this chapter and section 2757 of Title 42, The Public Health and Welfare, and amending sections 403, 424, 425, 441, 443, 591, 711, 713 to 717, 731, and 751 of this title, and sections 2751 to 2756, and 2761 of Title 42] may be cited as the 'Higher Education Act of 1965'."

Title V of Pub. L. 89-329, which enacted subchapter V of this chapter, is known as the "Education Professions Development Act", see Short Title note set out under section 1119 of this title.

GENERAL PROVISIONS OF 1972 AMENDMENT Section 2 of Pub. L. 92-318 provided that: "(a) As used in this Act [See Short Title of 1972 Amendment note above]—

"(1) the term 'Secretary' means the Secretary of Health, Education, and Welfare [now Secretary of Education]; and

"(2) the term 'Commissioner' means the Commissioner of Education [now Secretary of Education]; unless the context requires another meaning.

"(b) Unless otherwise specified, the redesignation of a section, subsection, or other designation by any amendment in this Act shall include the redesignation of any reference to such section, subsection, or other designation in any Act or regulation, however styled. "(c)(1) Unless otherwise specified, each provision of this Act and each amendment made by this Act shall be effective after June 30, 1972, and with respect to appropriations for the fiscal year ending June 30, 1973, and succeeding fiscal years.

"(2) Unless otherwise specified, in any case where an amendment made by this Act is to become effective after a date set herein, it shall be effective with the beginning of the day which immediately follows the date after which such amendment is effective.

"(3) In any case where the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1971, such amendment shall be deemed to have been enacted on July 1, 1971."

RULEMAKING Requirements; PUBLICATION IN FEDERAL

REGISTER

Section 505 of Pub. L. 90-575 which provided for publication of rules and regulations in Federal Register, was repealed by Pub. L. 91-230, title IV, § 401(e)(2), Apr. 13, 1970, 84 Stat. 173. See section 1232(b) of this title.

[blocks in formation]

For the purpose of this subchapter

(1) the term "continuing education" means postsecondary instruction and support services that are designed to meet the educational needs of adult learners;

(2) the term "adult learner" means an individual who by reason of personal circumstance, age, gender, disability, minority status, income, rural isolation, economic or educational disadvantage, marital status, presence of dependent children, lack of or need for new employment skills (including skills needed to pursue a new career) or other significant barrier (A) is not a traditional student, and (B) engages in some form of structured postsecondary study to improve the individual's knowledge, information skills, or employment opportunities;

(3) the term "eligible institution" means an institution of higher education, combinations of institutions of higher education, or consortia of any such institutions; and

(4) the term "qualified entity" means a public or nonprofit private organization which has

(A) experience in administering a program consistent with the requirements of this subchapter; and

(B) demonstrated the ability to coordinate, manage, and provide technical assistance to programs that receive grants under this subchapter.

(Pub. L. 89-329, title I, § 102, as added Pub. L. 99-498, title I, § 101, Oct. 17, 1986, 100 Stat. 1278.)

PRIOR PROVISIONS

A prior section 1002, Pub. L. 89-329, title I, § 102, as added Pub. L. 96-374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1374, provided for establishment of Commission on National Development in Postsecondary Education, prior to the general revision of this subchapter by Pub. L. 99-498.

Another prior section 1002, Pub. L. 89-329, title I, § 102, Nov. 8, 1965, 79 Stat. 1219; Pub. L. 94-482, title I, § 101(b)(1), (g)(2), Oct. 12, 1976, 90 Stat. 2083, 2086, defined the terms "community service program", "continuing education program", and "resource materials sharing programs", prior to the general revision of this subchapter by Pub. L. 96-374.

§ 1003. Limitation on contract authority

The authority to enter into contracts under this subchapter is subject to the availability of appropriations.

(Pub. L. 89-329, title I, § 103, as added Pub. L. 99-498, title I, § 101, Oct. 17, 1986, 100 Stat. 1279.)

PRIOR PROVISIONS

A prior section 1003, Pub. L. 89-329, title I, § 103, as added Pub. L. 96-374, title I, § 101(a), Oct. 3, 1980, 94

Stat. 1375, related to duties of the Commission on National Development in Postsecondary Education, prior to the general revision of this subchapter by Pub. L. 99-498.

Another prior section 1003, Pub. L. 89-329, title I, § 103, Nov. 8, 1965, 79 Stat. 1219; Pub. L. 92-318, title I, § 102(a)(2), June 23, 1972, 86 Stat. 237; Pub. L. 94-482, title I, § 101(b)(2), (g)(2), Oct. 12, 1976, 90 Stat. 2084, 2086; Pub. L. 95-43, § 1(a)(1), June 15, 1977, 91 Stat. 213; Pub. L. 96-96, § 1, Oct. 31, 1979, 93 Stat. 729, provided for the allotment of funds to States, prior to the general revision of this subchapter by Pub. L. 96-374. A prior section 1004, Pub. L. 89-329, title I, § 104, as added Pub. L. 96-374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1376, related to administrative provisions and powers of Commission on National Development in Postsecondary Education, prior to the general revision of this subchapter by Pub. L. 99-498.

Another prior section 1004, Pub. L. 89-329, title I, § 104, Nov. 8, 1965, 79 Stat. 1220; Pub. L. 94-482, title I, § 101(b)(3), Oct. 12, 1976, 90 Stat. 2084; Pub. L. 95-43, § 1(a)(2), June 15, 1977, 91 Stat. 213, described the allowable uses of States' allotments of funds, prior to the general revision of this subchapter by Pub. L. 96-374.

A prior section 1005, Pub. L. 89-329, title I, § 105, as added Pub. L. 96-374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1377, authorized appropriations, prior to the general revision of this subchapter by Pub. L. 99-498.

Another prior section 1005, Pub. L. 89-329, title I, § 105, Nov. 8, 1965, 79 Stat. 1220; Pub. L. 90-575, title II, § 202, Oct. 16, 1968, 82 Stat. 1036; Pub. L. 94-482, title I, § 101(b)(4)-(10), (g)(2), Oct. 12, 1976, 90 Stat. 2084-2086; Pub. L. 95-43, § 1(a)(3), (b)(1), (2), June 15, 1977, 91 Stat. 213, 218, set out the requisite features of State plans, prior to the general revision of this subchapter by Pub. L. 96-347.

Prior sections 1005a to 1010 were omitted in the general revision of this subchapter by Pub. L. 96-374.

Section 1005a, Pub. L. 89-329, title I, § 106, as added Pub. L. 92-318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 237, and amended Pub. L. 94-482, title I, § 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, provided for special programs and projects relating to national and regional problems.

Section 1006, Pub. L. 89-329, title I, § 107, formerly § 106, Nov. 8, 1965, 79 Stat. 1221; Pub. L. 90-575, title II, § 203(a), Oct. 16, 1968, 82 Stat. 1036, renumbered Pub. L. 92-318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L. 94-482, title I, § 101(c), (g)(2), Oct. 12, 1976, 90 Stat. 2085, 2086, related to payment and method of payment of funds.

Section 1007, Pub. L. 89-329, title I, § 108, formerly § 107, Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L. 92-318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L. 94-482, title I, § 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, related to disapproval of State plans, notice and hearing, findings of Commissioner of Education, and notification to State of noneligibility.

Section 1008, Pub. L. 89-329, title I, § 109, formerly § 108, Nov. 8, 1965, 79 Stat. 1222, renumbered Pub. L. 92-318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, and amended Pub. L. 94-482, title I, § 101(d), Oct. 12, 1976, 90 Stat. 2085, provided for judicial review of actions of Commissioner of Education and scope of that review.

Section 1008a, Pub. L. 89-329, title I, § 110, as added Pub. L. 93-29, title VIII, § 803, May 3, 1973, 87 Stat. 59, and amended Pub. L. 94-135, title II, § 201, Nov. 28, 1975, 89 Stat. 726; Pub. L. 94-482, title I, § 101(g)(2), Oct. 12, 1976, 90 Stat. 2086, provided for programs and projects relating to problems of the elderly.

Section 1008b, Pub. L. 89-329, title I, § 111, as added Pub. L. 94-482, title I, § 101(e), Oct. 12, 1976, 90 Stat. 2085, related to technical assistance and administration.

Section 1009, Pub. L. 89-329, title I, § 112, formerly § 109, Nov. 8, 1965, 79 Stat. 1223; Pub. L. 91-230, title IV, § 401(h)(4), Apr. 13, 1970, 84 Stat. 174, renumbered

§ 110, Pub. L. 92-318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, renumbered § 111, Pub. L. 93-29, title VIII, § 803, May 3, 1973, 87 Stat. 59; Pub. L. 93-380, title VIII, § 831, Aug. 21, 1974, 88 Stat. 603; Pub. L. 93-644, § 9(a), Jan. 4, 1975, 88 Stat. 2310, renumbered § 112 and amended Pub. L. 94-482, title I, § 101(e), (f)(1), (g)(2), Oct. 12, 1976, 90 Stat. 2085, 2086; 1977 Reorg. Plan No. 2, § 7(a)(13), 42 F.R. 62461, 91 Stat. 1637, provided for creation of a National Advisory Council on Extension and Continuing Education.

Section 1010, Pub. L. 89-329, title I, § 113, formerly § 110, Nov. 8, 1965, 79 Stat. 1224, renumbered § 111, Pub. L. 92-318, title I, § 102(a)(1), June 23, 1972, 86 Stat. 236, renumbered § 112, Pub. L. 93-29, title VIII, § 803, May 3, 1973, 87 Stat. 59, renumbered § 113 and amended Pub. L. 94-482, title I, § 101(e), (f)(2), Oct. 12, 1976, 90 Stat. 2085, 2086, directed that nothing in the section be held to modify any authority under the Smith-Lever Act, section 341 et seq. of Title 7, Agriculture.

PART A-PROGRAM AND PLANNING GRANTS

§ 1011. Institutional development (a) Purpose

It is the purpose of this section

(1) to assist eligible institutions to establish programs relating postsecondary education resources more closely to the continuing educational training needs of the American work force;

(2) to help strengthen the capacity of postsecondary institutions to respond to the continuing education needs of adults, especially adults

(A) dislocated by technological and economic change,

(B) seeking entry, reentry, or progression in the work force after prolonged absences due to marriage and child-rearing;

(C) isolated from educational resources due to age or geographic location;

(D) seeking entry into nontraditional occupations for their race or sex;

(E) receiving aid to families with dependent children;

(F) who are functionally illiterate; and (G) who desire to pursue a new career; and

(3) to support cooperative arrangements between eligible institutions, community-based organizations, and private and public sector employers that will facilitate meeting the goals of paragraphs (1) and (2).

(b) Grants

To carry out the purpose of this section, the Secretary shall make grants to, and enter into contracts with, eligible institutions for activities, such as

(1) structuring an academic program designed to facilitate the attendance of working students, parents caring for dependent children, and individuals seeking to reenter the educational system;

(2) making academic programs available to adult learners at convenient times and locations;

(3) the encouragement of resource sharing for innovative uses of technology, including telecommunications (on an interstate or intrastate basis) to overcome barriers to continuing education opportunities and to devel

op innovative delivery systems for education

programs;

(4) the creation or expansion of education programs and curriculum, including adult literacy efforts, designed to meet the present and future needs of the labor market;

(5) the development of cooperative relationships between business and labor organizations, community-based organizations, and agencies which provide opportunities for continuing education;

(6) the removal of barriers posed by previous education or training, age, sex, race, handicap, national origin, rural isolation, or economic circumstance which may place adults at a disadvantage in seeking continuing educational opportunities;

(7) educational information, including literacy information, student financial assistance information, and occupational information and counseling services designed to meet the special needs of inadequately served adults and to assist their entry or reentry into continuing education and the labor force;

(8) training for administrators, faculty, and staff to improve their ability to teach and serve adult learners; and

(9) development of remedial instruction programs for adult learners to enable them to enroll in college-level educational programs. (c) Additional use of funds

(1) Funds awarded under this section to any eligible institution shall be used for the purposes under subsection (b) of this section, except that, to a limited extent as approved by the Secretary, such funds may also be used for program planning and development to carry out the purposes of this section including

(A) making adult and continuing educational opportunities available at convenient times and locations, including off-campus locations; (B) evaluating the responsiveness of continuing education programs to the work and career-related objectives of adults;

(C) developing or expanding educational and occupational information and counseling services to meet the special needs of adults, including information concerning available forms of student financial assistance;

(D) training of personnel in continuing education programs to improve their ability to serve adult learners;

(E) developing or expanding high-technology delivery systems and curricula to ensure closer development and career transitions for adult learners;

(F) joint planning and implementation activities between institutional and private sector representatives to expand educational opportunities;

(G) promoting the sharing of personnel and resources between an eligible institution and an employer;

(H) contributing to dependent care programs for low income participants in adult and continuing education and the development of dependent care programs; and

(I) encouraging and developing collaborative efforts between the institution or institu

tions and combinations of education institutions, private and public institutions, organizations, business, and labor to develop programs responsive to current employment and economic conditions.

(2) Funds made available under this section may not be used

(A) to purchase or rent facilities to be used in connection with the program or for general operational overhead of the eligible institution; or

(B) to pay stipends or provide direct financial assistance to any individual participating in the programs established under this section.

(d) Applications for assistance

(1) Any eligible institution may submit an application to the Secretary at such time, in such form, and containing such information, as may be necessary to enable the Secretary to evaluate the need for assistance. The Secretary shall make awards on a competitive basis.

(2) Each such application shall—

(A) provide evidence that the eligible institution has identified the educational needs of potential adult learners in the area served by the applicant, especially adults identified in subsection (a)(2) of this section;

(B) describe the current continuing education program offered by the eligible institution (including information concerning the professional competence of faculty and staff, their degree of participation in the continuing education program, and institutional resources committed to the continuing education program) and the activities proposed to be developed or assisted to meet the purposes of this section;

(C) provide assurance that Federal funds made available under this section will comprise not more than 87.5 percent of the cost of the program in the second year, and 75 percent in the third year;

(D) describe procedures for evaluating the effectiveness of the activities for which a grant or contract is awarded under this section;

(E) provide for such financial controls and accounting procedures as are necessary to ensure proper disbursement and accounting for funds made available to the applicant under this section and to ensure that funds made available under this section for any fiscal year will be used to supplement and, to the extent practical, increase the funds that would otherwise be made available for the purpose of this section and in no case supplant those funds;

(F) provide assurances that the continuing education programs, services, and activities, funded under this section will not be limited to individuals who are enrolled in programs of study that lead to baccalaureate or graduate degrees, but will also include programs for adults enrolled in noncredit continuing education programs, that address the purposes of this section;

(G) provide assurances that the program funded under this section does not duplicate existing State funded programs, and, in the

case of any public institution, that the proposed program is consistent with the State's goals for that institution;

(H) provide the projected number of students who will participate in the program and the proposed operational budget for the program, including the specific amounts proposed to be expended for salaries;

(I) include assurances that the applicant intends to continue the activities to be supported under the grant after termination of the grant, including a detailed plan for obtaining funds to continue such activities;

(J) provide assurances that funds made available under this section will be used only for the purposes of this section;

(K) provide for a reasonable period of review and comment on the proposed program by the appropriate State agency and include any such comments with the application to the Secretary; and

(L) include such other information as the Secretary may reasonably require to carry out the provisions of this section.

(3) In awarding grants or contracts the Secretary shall give priority consideration to eligible institutions which

(A) as appropriate, include area employer and employee organizations in the planning of the proposed continuing education activity and provide assurances of the continued participation of such organizations in the implementation, operation, and evaluation of the funded activities;

(B) include assurances that the appropriate State agencies concerned with postsecondary education and State labor market and economic agencies have been consulted in the development of the proposal;

(C) demonstrate a willingness to conduct and integrate into the curriculum work-oriented professional and technical continuing education programs;

(D) demonstrate the capacity to obtain contributions of staff, equipment, and resources for such programs from nonacademic sources, particularly employers; and

(E) provide assurances that adults enrolled in such programs will have access to suitable and adequate financial assistance opportunities, including Federal student aid funds available for students enrolled less than half time.

(Pub. L. 89-329, title I, § 111, as added Pub. L. 99-498, title I, § 101, Oct. 17, 1986, 100 Stat. 1279.)

PRIOR PROVISIONS

A prior section 1011, Pub. L. 89-329, title I, § 111, as added Pub. L. 96-374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1377, stated Congressional findings with respect to education outreach programs, prior to the general revision of this subchapter by Pub. L. 99-498.

Another prior section 1011, Pub. L. 89-329, title I, § 114, formerly § 111, Nov. 8, 1965, 79 Stat. 1224, renumbered § 112 and amended Pub. L. 92-318, title I, §§ 102(a)(1), 131(d)(2)(A), June 23, 1972, 86 Stat. 236, 260, renumbered § 113, Pub. L. 93-29, title VIII, § 803, May 3, 1973, 87 Stat. 59, renumbered § 114, Pub. L. 94-482, title I, § 101(e), Oct. 12, 1976, 90 Stat. 2085, prohibited the giving of grants for programs relating

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