§ 1051. — Findings and purpose.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC1051]
TITLE 20--EDUCATION
CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER III--INSTITUTIONAL AID
Sec. 1051. Findings and purpose
(a) Findings
The Congress finds that--
(1) there are a significant number of institutions of higher
education serving high percentages of minority students and students
from low-income backgrounds, that face problems that threaten their
ability to survive;
(2) the problems relate to the management and fiscal operations
of certain institutions of higher education, as well as to an
inability to engage in long-range planning and development
activities, including endowment building;
(3) in order to be competitive and provide a high-quality
education for all, institutions of higher education should improve
their technological capacity and make effective use of technology;
(4) the subchapter III program prior to 1985 did not always meet
the specific development needs of historically Black colleges and
universities and other institutions with large concentrations of
minority, low-income students;
(5) the solution of the problems of these institutions would
enable them to become viable, fiscally stable and independent,
thriving institutions of higher education;
(6) providing assistance to eligible institutions will enhance
the role of such institutions in providing access and quality
education to low-income and minority students;
(7) these institutions play an important role in the American
system of higher education, and there is a strong national interest
in assisting them in solving their problems and in stabilizing their
management and fiscal operations, and in becoming financially
independent; and
(8) there is a particular national interest in aiding those
institutions of higher education that have historically served
students who have been denied access to postsecondary education
because of race or national origin and whose participation in the
American system of higher education is in the Nation's interest so
that equality of access and quality of postsecondary education
opportunities may be enhanced for all students.
(b) Purpose
It is the purpose of this subchapter to assist such institutions in
equalizing educational opportunity through a program of Federal
assistance.
(Pub. L. 89-329, title III, Sec. 301, as added Pub. L. 99-498, title
III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1290; amended Pub. L. 102-
325, title III, Sec. 301, July 23, 1992, 106 Stat. 472; Pub. L. 103-208,
Sec. 2(a)(4), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105-244, title III,
Sec. 302, Oct. 7, 1998, 112 Stat. 1637.)
Prior Provisions
A prior section 1051, Pub. L. 89-329, title III, Sec. 301, as added
Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat. 1390, stated
Congressional findings and purposes for program of providing Federal
assistance to institutions of higher education, prior to the general
revision of this subchapter by Pub. L. 99-498.
Another prior section 1051, Pub. L. 89-329, title III, Sec. 301,
Nov. 8, 1965, 79 Stat. 1229; Pub. L. 89-752, Sec. 10, Nov. 3, 1966, 80
Stat. 1243; Pub. L. 90-575, title II, Secs. 221, 222, Oct. 16, 1968, 82
Stat. 1038; Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972, 86
Stat. 241; Pub. L. 94-482, title I, Sec. 111, Oct. 12, 1976, 90 Stat.
2091; Pub. L. 96-49, Sec. 4, Aug. 13, 1979, 93 Stat. 351, related to a
program of special assistance to strengthen the academic quality of
developing institutions, prior to the general revision of this
subchapter by Pub. L. 96-374.
Prior sections 1052 to 1056 were omitted in the general revision of
this subchapter by Pub. L. 96-374.
Section 1052, Pub. L. 89-329, title III, Sec. 302, Nov. 8, 1965, 79
Stat. 1229; Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972, 86
Stat. 241; Pub. L. 93-380, title VIII, Sec. 832, Aug. 21, 1974, 88 Stat.
603; Pub. L. 94-482, title I, Sec. 112, Oct. 12, 1976, 90 Stat. 2091,
related to eligibility for special assistance.
Section 1053, Pub. L. 89-329, title III, Sec. 303, Nov. 8, 1965, 79
Stat. 1230; Pub. L. 91-230, title IV, Sec. 401(h)(4), Apr. 13, 1970, 84
Stat. 174; Pub. L. 92-318, title I, Sec. 121(a), title III,
Sec. 301(a)(1), June 23, 1972, 86 Stat. 242, 326, provided for the
establishment of an Advisory Council on Developing Institutions.
Section 1054, Pub. L. 89-329, title III, Sec. 304, Nov. 8, 1965, 79
Stat. 1230; Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972, 86
Stat. 243, authorized the Commissioner of Education to make grants and
awards.
Section 1055, Pub. L. 89-329, title III, Sec. 305, Nov. 8, 1965, 79
Stat. 1231; Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972, 86
Stat. 244, related to assistance to developing institutions under other
programs.
Section 1056, Pub. L. 89-329, title III, Sec. 306, as added Pub L.
90-575, title II, Sec. 223(a), Oct. 16, 1968, 82 Stat. 1038; amended
Pub. L. 92-318, title I, Sec. 121(a), June 23, 1972, 86 Stat. 245,
prohibited the use of funds for religious activities.
Amendments
1998--Pars. (3) to (8). Pub. L. 105-244 added par. (3) and
redesignated former pars. (3) to (7) as (4) to (8), respectively.
1993--Subsec. (a)(2). Pub. L. 103-208 struck out the comma after
``planning''.
1992--Subsec. (a)(1). Pub. L. 102-325, Sec. 301(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``many
institutions of higher education in this era of declining enrollments
and scarce resources face problems which threaten their ability to
survive;''.
Subsec. (a)(2). Pub. L. 102-325, Sec. 301(2), struck out
``recruitment activities,'' after ``long-range planning,''.
Subsec. (a)(5). Pub. L. 102-325, Sec. 301(3), amended par. (5)
generally. Prior to amendment, par. (5) read as follows: ``providing a
minimum level of assistance to all categories of eligible institutions
will assure the continued participation of the institutions in the
program established in this subchapter and enhance their role in
providing access and quality education to low-income and minority
students;''.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244,
set out as a note under section 1001 of this title.
Effective Date of 1993 Amendment
Section 5 of Pub. L. 103-208 provided that:
``(a) In general.--Except as otherwise provided therein or in
subsection (b) of this section, the amendments made by section 2 of this
Act [see Tables for classification] shall be effective as if such
amendments were included in the Higher Education Amendments of 1992
(Public Law 102-325), except that section 492 of the Act [section 1098a
of this title] shall not apply to the amendments made by this Act [see
Tables for classification].
``(b) Exceptions.--
``(1) Effective on October 1, 1993.--The amendments made by the
following subsections of section 2 of this Act shall be effective on
and after October 1, 1993: (b)(29), (j)(28), (j)(36), and (j)(40)
[amending sections 1070d-34, 1134e, 1134j, and 1134q of this title].
``(2) Effective on date of enactment.--The amendments made by
the following subsections of section 2 of this Act shall be
effective on and after the date of enactment of this Act [Dec. 20,
1993]: (b)(2), (b)(7), (b)(28), (c)(3), (c)(5), (c)(13)(B),
(c)(13)(C), (c)(18), (c)(30), (c)(62) [amending sections 1070a,
1070a-11, 1070d-33, 1075, 1077a, 1078, 1078-1, and 1085 of this
title].
``(3) Effective 30 days after enactment.--The amendments made by
the following subsections of section 2 of this Act shall be
effective on and after 30 days after the date of enactment of this
Act [Dec. 20, 1993]: (c)(19), (c)(20), (c)(21), (c)(59) [amending
sections 1078 and 1085 of this title].
``(4) Effective 60 days after enactment.--The amendments made by
the following subsections of section 2 of this Act shall be
effective on and after 60 days after the date of enactment of this
Act [Dec. 20, 1993]: (c)(31) and (c)(53) [amending sections 1078-1
and 1083 of this title].
``(5) Effective on April 1, 1994.--The amendments made by
section 2(c)(43)(B) of this Act [amending section 1078-8 of this
title] shall be effective on and after April 1, 1994.
``(6) Effective on July 1, 1994.--The amendments made by the
following subsection[s] of section 2 of this Act shall be effective
on and after July 1, 1994: (b)(25), (c)(2), (c)(13)(A), (c)(29)
[amending sections 1070b-2, 1075, 1078, and 1078-1 of this title].
``(7) Cohort default data examinations.--The amendment made by
section 2(c)(60)(A) [amending section 1085 of this title] shall be
effective on and after October 1, 1994.
``(8) Cohort default rate determinations.--The amendments made
to subsection[s] (a)(3) and (m)(1)(B) of section 435 of this [the]
Act [section 1085(a)(3) and (m)(1)(B) of this title] shall apply
with respect to the determination (and appeals from determinations)
of cohort default rates for fiscal year 1989 and any succeeding
fiscal year.''
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2
of Pub. L. 102-325, set out as a note under section 1001 of this title.
Effective Date
Section 301(b) of Pub. L. 99-498 provided that: ``The amendment made
by subsection (a) [enacting this subchapter] shall take effect July 1,
1987.''
