20 U.S.C. § 1101 — Findings; purpose; and program authority

Page 748 TITLE 20—EDUCATION § 1101 (5) the differential impact, if any, of the auc- tion among the States, including between rural and non-rural States; and (6) the feasibility of using the mechanism pi- loted to operate the other loan programs under part B of this subchapter. (d) Reports (1) In general The Secretary and the Secretary of the Treasury shall submit to the authorizing com- mittees— (A) not later than September 1, 2010, a pre- liminary report regarding the findings of the evaluation described in subsection (c); (B) not later than September 1, 2012, an in- terim report regarding such findings; and (C) not later than September 1, 2013, a final report regarding such findings. (2) Contents The Secretary shall include, in each report required under subparagraphs (A), (B), and (C) of paragraph (1), any recommendations, that are based on the findings of the evaluation under subsection (c), for— (A) improving the operation and adminis- tration of the auction; and (B) improving the operation and adminis- tration of other loan programs under part B. (Pub. L. 89–329, title IV, § 499, as added Pub. L. 110–84, title VII, § 701, Sept. 27, 2007, 121 Stat. 808; amended Pub. L. 110–315, title IV, § 499, Aug. 14, 2008, 122 Stat. 3328.) Editorial Notes PRIOR PROVISIONS A prior section 1099e, Pub. L. 89–329, title IV, § 499A, as added Pub. L. 110–84, title VIII, § 802, Sept. 27, 2007, 121 Stat. 817, which comprised part J of title IV of Pub. L. 89–329 and related to investment in historically Black colleges and universities and other minority- serving institutions, was transferred to section 1067q of this title. AMENDMENTS 2008—Subsec. (b)(3)(B)(iii). Pub. L. 110–315, § 499(1)(A), added cl. (iii). Subsec. (b)(3)(G). Pub. L. 110–315, § 499(1)(B), added subpar. (G) and struck out former subpar. (G). Text of former subpar. (G) read as follows: ‘‘Each eligible lend- er having a winning bid under subparagraph (F) enters into an agreement with the Secretary under which the eligible lender— ‘‘(i) agrees to originate eligible Federal PLUS Loans under this paragraph to each borrower who— ‘‘(I) seeks an eligible Federal PLUS Loan under this paragraph to enable a dependent student to at- tend an institution of higher education within the State; ‘‘(II) is eligible for an eligible Federal PLUS Loan; and ‘‘(III) elects to borrow from the eligible lender; and ‘‘(ii) agrees to accept a special allowance payment (after the application of section 1087–1(b)(2)(I)(v) of this title) from the Secretary with respect to the eli- gible Federal PLUS Loans originated under clause (i) in the amount proposed in the second lowest winning bid described in subparagraph (F) for the applicable State auction.’’ Subsec. (b)(3)(J). Pub. L. 110–315, § 499(1)(C), added sub- par. (J) and struck out former subpar. (J). Text of former subpar. (J) read as follows: ‘‘The Secretary guarantees the eligible Federal PLUS Loans made under this paragraph against losses resulting from the default of a parent borrower in an amount equal to 99 percent of the unpaid principal and interest due on the loan.’’ Subsecs. (c), (d). Pub. L. 110–315, § 499(2), added sub- secs. (c) and (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2007, see section 1(c) of Pub. L. 110–84, set out as an Effective Date of 2007 Amend- ment note under section 1070a of this title. SUBCHAPTER V—DEVELOPING INSTITUTIONS Editorial Notes CODIFICATION Title V of the Higher Education Act of 1965, com- prising this subchapter, was originally enacted by Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1254; amended Pub. L. 90–35, June 29, 1967, 81 Stat. 81; Pub. L. 90–83, Sept. 11, 1967, 81 Stat. 195; Pub. L. 90–247, Jan. 2, 1968, 81 Stat. 783; Pub. L. 90–575, Oct. 16, 1968, 82 Stat. 1014; Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 121; Pub. L. 92–318, June 23, 1972, 86 Stat. 235; Pub. L. 93–380, Aug. 21, 1974, 88 Stat. 484; Pub. L. 94–482, Oct. 12, 1976, 90 Stat. 2081; Pub. L. 95–43, June 15, 1977, 91 Stat. 213; Pub. L. 95–561, Nov. 1, 1978, 92 Stat. 2143; Pub. L. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–88, Oct. 17, 1979, 93 Stat. 668; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322; Pub. L. 98–558, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99–386, Aug. 22, 1986, 100 Stat. 821; Pub. L. 99–498, Oct. 17, 1986, 100 Stat. 1268; Pub. L. 100–50, June 3, 1987, 101 Stat. 335; Pub. L. 101–226, Dec. 12, 1989, 103 Stat. 1928; Pub. L. 102–325, July 23, 1992, 106 Stat. 448; Pub. L. 103–208, Dec. 20, 1993, 107 Stat. 2457; Pub. L. 103–227, Mar. 31, 1994, 108 Stat. 125; Pub. L. 103–382, Oct. 20, 1994, 108 Stat. 3518. Title V is shown herein, however, as having been added by Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1765, without reference to those intervening amendments because of the extensive revision of title V by Pub. L. 105–244. PART A—HISPANIC-SERVING INSTITUTIONS Editorial Notes PRIOR PROVISIONS A prior part A consisted of sections 1102 to 1102j and related to State and local programs for teacher excel- lence prior to the general amendment of this sub- chapter by Pub. L. 105–244. § 1101. Findings; purpose; and program authority (a) Findings Congress makes the following findings: (1) Hispanic Americans are at high risk of not enrolling or graduating from institutions of higher education. (2) Disparities between the enrollment of non-Hispanic white students and Hispanic stu- dents in postsecondary education are increas- ing. Between 1973 and 1994, enrollment of white secondary school graduates in 4-year institu- tions of higher education increased at a rate two times higher than that of Hispanic sec- ondary school graduates. (3) Despite significant limitations in re- sources, Hispanic-serving institutions provide a significant proportion of postsecondary op- portunities for Hispanic students. Page 749 TITLE 20—EDUCATION § 1101a (4) Relative to other institutions of higher education, Hispanic-serving institutions are underfunded. Such institutions receive signifi- cantly less in State and local funding, per full- time equivalent student, than other institu- tions of higher education. (5) Hispanic-serving institutions are suc- ceeding in educating Hispanic students despite significant resource problems that— (A) limit the ability of such institutions to expand and improve the academic programs of such institutions; and (B) could imperil the financial and admin- istrative stability of such institutions. (6) There is a national interest in remedying the disparities described in paragraphs (2) and (4) and ensuring that Hispanic students have an equal opportunity to pursue postsecondary opportunities. (b) Purpose The purpose of this subchapter is to— (1) expand educational opportunities for, and improve the academic attainment of, Hispanic students; and (2) expand and enhance the academic offer- ings, program quality, and institutional sta- bility of colleges and universities that are edu- cating the majority of Hispanic college stu- dents and helping large numbers of Hispanic students and other low-income individuals complete postsecondary degrees. (c) Program authority The Secretary shall provide grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic students and other low-income individuals. (Pub. L. 89–329, title V, § 501, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1765.) Editorial Notes PRIOR PROVISIONS A prior section 1101, Pub. L. 89–329, title V, § 500, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 653, set forth findings of Congress and purpose of this subchapter, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1101, Pub. L. 89–329, title V, § 501, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1495, related to statement of purpose and applicability of this subchapter, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1101, Pub. L. 89–329, title V, § 511, Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90–35, § 3(a)(3), (b), June 29, 1967, 81 Stat. 85; Pub. L. 90–575, title II, § 231 (a), (b)(1), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 91–230, title VIII, §§ 804(b), 805(a), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L. 92–318, title I, § 141(a)(1)(A), (c)(1)(C), June 23, 1972, 86 Stat. 284, 285; Pub. L. 93–380, title VIII, § 835(a)(1), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94–482, title I, §§ 151(a)(5)(A), 152(a), Oct. 12, 1976, 90 Stat. 2152; Pub. L. 96–49, § 6(a), Aug. 13, 1979, 93 Stat. 353; Pub. L. 96–374, title V, § 501(a), Oct. 3, 1980, 94 Stat. 1459, set forth statement of purpose and authorization of appropria- tions for Teacher Corps program, prior to repeal by Pub. L. 97–35, title V, § 587(a)(2), Aug. 13, 1981, 95 Stat. 480, eff. Oct. 1, 1982. A prior section 501 of Pub. L. 89–329 was classified to section 1102 of this title prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 501 of Pub. L. 89–329 was classi- fied to section 1091 of this title prior to repeal by Pub. L. 94–482. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Subchapter effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. NATIONAL JOB BANK FOR TEACHER RECRUITMENT Pub. L. 102–325, title XIV, § 1412, July 23, 1992, 106 Stat. 822, authorized Secretary of Education to conduct study on feasibility of establishing national and re- gional clearinghouses to operate national and regional teacher job banks and to contract one or more entities to establish a national or regional teacher job bank clearinghouse, prior to repeal by Pub. L. 105–332, § 6(b)(2), Oct. 31, 1998, 112 Stat. 3128. TRAINING AND TECHNICAL ASSISTANCE FOR SCHOOL- BASED DECISIONMAKERS DEMONSTRATION PROGRAM Pub. L. 102–325, title XV, § 1531, July 23, 1992, 106 Stat. 834, authorized Secretary of Education to make grants to local education agencies, in consortia with one or more institutions of higher education, to establish pro- grams to provide training and technical assistance to school-based decisionmakers in local education agen- cies implementing system-wide reform, prior to repeal by Pub. L. 105–332, § 6(b)(3), Oct. 31, 1998, 112 Stat. 3128. § 1101a. Definitions; eligibility (a) Definitions For the purpose of this subchapter: (1) Educational and general expenditures The term ‘‘educational and general expendi- tures’’ means the total amount expended by an institution for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, oper- ation and maintenance expenditures for the physical plant, and any mandatory transfers that the institution is required to pay by law. (2) Eligible institution The term ‘‘eligible institution’’ means— (A) an institution of higher education— (i) that has an enrollment of needy stu- dents as required by subsection (b); (ii) except as provided in section 1103a(b) of this title, the average educational and general expenditures of which are low, per full-time equivalent undergraduate stu- dent, in comparison with the average edu- cational and general expenditures per full- time equivalent undergraduate student of institutions that offer similar instruction; (iii) that is— (I) legally authorized to provide, and provides within the State, an edu- cational program for which the institu- tion awards a bachelor’s degree; or (II) a junior or community college; (iv) that is accredited by a nationally recognized accrediting agency or associa- tion determined by the Secretary to be re- liable authority as to the quality of train- ing offered or that is, according to such an agency or association, making reasonable progress toward accreditation; (v) that meets such other requirements as the Secretary may prescribe; and (vi) that is located in a State; and