U.S. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE November 1965 HIGHER EDUCATION ACT OF 1965 Section-By-Section Analysis Section 1. This section provides that this Act may be cited as the "Higher Education Act of 1965." TITLE I · COMMUNITY SERVICE AND CONTINUING EDUCATION PROGRAMS Section 101. Appropriations Authorized This section authorizes the appropriation of $25,000,000 for the fiscal year ending June 30, 1966, and $50,000,000 for each of the fiscal years ending June 30, 1967, and June 30, 1968, and such sums as the Congress may hereafter authorize for the fiscal years ending June 30, 1969, and June 30, 1970, to enable the Commissioner of Education to make grants under this title to strengthen community service programs of colleges and universities so as to assist in the solution of commu – nity problems such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health and land use. Section 102. Definition of Community Service Program A community service program, for purposes of this title, is 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 offering institution determines (1) that the program, activity, or service is not otherwise available, and (2) that the conduct of the program or performance of the activity or service is consistent with the institution's over-all educational program and of such a nature as is appropriate to the effective utilization of the special resources and the competencies of its faculties. Course offerings must be university extension or continuing education courses (A) fully acceptable toward an academic degree or (B) of college level. Section 103. Allotments to States Subsection (a) provides for the allotment among the States of the sums appropriated for each fiscal year pursuant to section 101. Guam, American Samoa, Puerto Rico and the Virgin Islands are each allotted $25,000 and the other States (the District of Columbia being included as one of "the other States") are each allotted $100,000. The remainder of the appropriation is allotted among the States in proportion to their population. 17 Subsection (b) provides for reallotment by the Commissioner among the States of the unused portion of any State's allotment. Subsection (c) permits States to combine their allotments, in accordance with regulations of the Commissioner. Subsection (d) provides that the Commissioner shall determine the population of States on the basis of the most recent satisfactory data available from the Department of Commerce. Section 104. Uses of Allotted Funds A State's allotment may be used in accordance with its approved State plan to provide new, expanded, or improved community service programs. Section 105. State Plans In order for a State to receive its allotment it must either (1) designate or create an agency qualified to solve community problems which is broadly representative of institutions of higher education in the State, competent to offer community service programs or (2) designate an existing agency which does not meet all of these qualifications but which is required to take necessary action to acquire these qualifications and assure participation of such institutions, or to consult with an advisory council in the State which meets the qualifications which the agency lacks. The agency must submit a State plan which: (1) is administered or supervised solely by the agency; (3) provides for allocating Federal funds to institutions of (5) sets forth fiscal controls and fund accounting procedures (6) provides for certain reports and accounting procedures. The Commissioner of Education is directed to approve any plan meeting these requirements. Section 106. Payments This section provides that payments from a State's allotment shall be made to the State agency administering the approved plan. The Federal share of the cost of developing and carrying out the State plan (excluding any costs with respect to which payments were received under other Federal programs) shall be 75 percent of such costs for the fiscal years ending June 30, 1966, and June 30, 1967, and 50 percent for each of the 3 succeeding fiscal years. Administrative expenditures for any fiscal year are limited to 5 percent of the costs for that year or $25,000, whichever is the greater. Payments may be made in installments or in advance or by way of reimbursement, directly to the State or to the participating institutions, or both, only after the Commissioner finds that the participating State institutions together will have available for expenditure during that year not less than the total amount actually expended for college and university extension and continuing education purposes from non-Federal sources during the fiscal year ending June 30, 1965, in addition to the non-Federal share of the costs with respect to which payment is sought. A State agency submitting a plan or modification of a plan or administering an approved plan is to be afforded reasonable notice and opportunity for a hearing before the Commissioner finally disapproves a State plan or determines a State has become ineligible to participate further under this title. A State with an approved plan may become ineligible if its plan is so changed or administered that the plan or its administration does not comply with the requirements of section 105. The State remains ineligible to participate in this program until the Commissioner is satisfied there no longer is a failure to comply. Section 108. Judicial Review Any State dissatisfied with the Commissioner's final action in disapproving its plan or in determining that the State is ineligible to participate further under this title, may obtain a review of such action in the United States Court of Appeals for the circuit in which the State is located. Section 109. National Advisory Council on Extension and Continuing This section directs the President to establish a National Advisory Council on Extension and Continuing Education to advise the Commissioner on the preparation of general regulations and on policy matters arising in the administration of this title, including policies governing the approval of State plans and policies designated to eliminate duplication and to coordinate the programs under this title with other programs offering extension or continuing education programs. The Advisory Council would review the administration and effectiveness of all Federally supported extension and continuing education programs, including commu – nity service programs, and make annual reports of its findings and recommendations in connection with all applicable laws to the Secretary and to the President commencing on March 31, 1967. This report would be transmitted by the President to the Congress with his comments and recommendations. The Advisory Council would consist of the Commissioner, who would serve as Chairman, at least 8 persons representing Federal agencies having extension and continuing education responsibilities and 12 members appointed by the President. Section 110. Relationship to Other Programs This section states that title I does not modify authorities under certain other Federal extension and vocational education programs and the Housing Act of 1964. Section 111. Limitation This section provides that no grant may be made under this title for any educational program, activity or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. HIGHER EDUCATION ACT OF 1965 Section-By-Section Analysis November 1965 TITLE II - COLLEGE LIBRARY ASSISTANCE AND LIBRARY TRAINING AND RESEARCH Part A--College Library Resources Section 201. Appropriations authorized This section authorizes the appropriation of $50 million for the fiscal year ending on June 30, 1966, and for each of the two succeeding fiscal years, to enable the Commissioner to make grants to institutions of high education. For the fiscal years ending June 30, 1969 and 1970, there may be appropriated to enable the Commissioner to make such grants, only such sums as the Congress may hereafter authorize. The grants will be for the purpose of assisting and encouraging such institutions to acquire for library purposes books, periodicals, documents, magnetic tapes, phonograph records, audiovisual materials, and other related library materials (including necessary binding). Under this section, the Commissioner may make basic grants (for the purposes set forth in sec. 201) to institutions of higher education and combinations of such institutions from 75 percent of the sums appropriated for any fiscal year pursuant to section 201. The maximum basic grant shall be $5,000 for each institution and branch thereof which is located in a different community as determined by regulations of the Commissioner. Applications may be made by an individual institution or by a combination of institutions. A basic grant may only be made if the Commissioner approves the application therefor. Before approving an application, he must determine that it- (a) Provides satisfactory assurance that during the fiscal year for which the grant is requested the applicant will spend, for all library purposes (except construction) and from funds other than funds received under the part, (1) an amount equal to not less than the annual average of the amounts it spent for such purposes during the 2-year period ending June 30, 1965, and (2) an amount from such other sources at least equal to the amount of such grant; (b) Provides satisfactory assurance that the applicant will spend, for books, periodicals, documents, magnetic tapes, phonograph records, audiovisual materials, and other related materials, including whatever binding is necessary, from funds other than funds received under the part, during the fiscal year for which the grant is requested, an amount at least equal to the average annual amount it spent for such materials during the 2-year period ending June 30, 1965. |