TITLE I-COMMUNITY SERVICE AND CONTINUING
EDUCATION PROGRAMS

HIGHER EDUCATION ACT OF 1965

(P.L. 89-329)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Higher Education Act of 1965".

PART A-COMMUNITY SERVICE AND CONTINUING EDUCATION
PROGRAMS 1

APPROPRIATIONS AUTHORIZED

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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.

(20 U.S.C. 1001) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 101, 79 Stat. 1219; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 201, 82 Stat. 1035; amended June 23, 1972, P.L. 92-318, Title I, sec. 101(a), 86 Stat. 236; amended October 12, 1976, P.L. 94-482, Title I, Part A, sec. 101(a), 90 Stat. 2083.

DEFINITION OF COMMUNITY SERVICE PROGRAM AND CONTINUING

EDUCATION PROGRAM

SEC. 102. (a) For purposes of this part, the term "community service program" means an educational program, activity, or service, including a research program and a university extension or continuing education offering, which is designed to assist in the solution of community problems in rural, urban, or suburban areas, with particular emphasis on urban and suburban problems, where the institution offering such program, activity, or service determines

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(1) that the proposed program, activity, or service is not otherwise available, and

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1 Added by Section 101(g) of Title I of P.L. 94-482.

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(2) that the conduct of the program or performance of the activity or service is consistent with the institution's overall educational program and is of such a nature as is appropriate to the effective utilization of the institution's special resources and the competencies of its faculty.

Where course offerings are involved, such courses must be university extension or continuing education courses and must be

(A) fully acceptable toward an academic degree, or

(B) of college level as determined by the institution offering such courses.

(b) For purposes of this part, 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.

(c) For purposes of this part, 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.

(20 U.S.C. 1002) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 102, 79 Stat. 1219; amended October 12, 1976, P.L. 94-482, Title I, Part A, sec. 101(b)(1)(A), (b)(1)(B), (b)(1)(C), sec. 101(g)(2), 90 Stat. 2083, 2086.

ALLOTMENTS TO STATES

SEC. 103. From the sums appropriated pursuant to section 101(a) for any fiscal year which are not reserved under section 106(a),1 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, 1974.

(b) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for such fiscal year for carrying out the State plan (if any) approved under this part shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under such subsection for such year, but with such proportionate amount for any of such States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year for carrying out the State plan; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so

1 Section 102(b) of P.L. 92-318 provides as follows:

"(b) The amendments made by the the second sentence of paragraph (1) of subsection (a) and by paragraph (2) of such subsection shall be effective after June 30, 1972, and then-

"(1) only with respect to appropriations for title I of the Higher Education Act of 1965 for fiscal years beginning after June 30, 1972; and

"(2) only to the extent that the allotment to any State under section 103(a) of such title is not less for any fiscal year than the allotment to that State under such section 103(a) for the fiscal year ending June 30, 1972."

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reduced. Any amount reallotted to a State under this subsection during a year from funds appropriated pursuant to section 101 shall be deemed part of its allotment under subsection (a) for such year.

(c) In accordance with regulations of the Commissioner, any State may file with him a request that a specified portion of its allotment under this part be added to the allotment of another State under this part for the purpose of meeting a portion of the Federal share of the cost of providing community service programs under this part. If it is found by the Commissioner that the programs with respect to which the request is made would meet needs of the State making the request and that use of the specified portion of such State's allotment, as requested by it, would assist in carrying out the purposes of this part, such portion of such State's allotment shall be added to the allotment of the other State under this part to be used for the purpose referred to above.

(d) The population of a State and of all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available from the Department of Commerce.

(20 U.S.C. 1003) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 103, 79 Stat. 1220; amended June 23, 1972, P.L. 92-318, sec. 102(a)(2), 86 Stat. 237; amended Oct. 12, 1976, P.L. 94-482, Title I, Part A, sec. 101(b)(2), sec. 101(g)(2), 90 Stat. 2084, 2086; amended June 15, 1977, P.L. 95-43, sec. 1(a)(1), 91 Stat. 213.

USES OF ALLOTTED FUNDS

SEC. 104. A State's allotment under section 103 may be used, in accordance with its State plan approved under section 105(b), to provide new, expanded, or improved community service and continuing education programs, including resource material sharing programs.

(20 U.S.C. 1004) Enacted Nov. 8, 1965, P.L. 89-329, Title I, sec. 104, 79 Stat. 1220; amended October 12, 1976, P.L. 94-482, Title I, Part A, sec. 101(b)(3), 90 Stat. 2084; amended June 15, 1977, P.L. 95-43, sec. 1(a)(2), 91 Stat. 213.

STATE PLANS

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