20 U.S.C. § 1051 — Findings and purpose

Page 273 TITLE 20—EDUCATION § 1051 Another prior section 1047 and prior sections 1047a to 1047j were omitted in the general amendment of former part D of this subchapter by Pub. L. 99–498. Section 1047, Pub. L. 89–329, title II, § 241, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1386, stated congressional declaration of purpose. Section 1047a, Pub. L. 89–329, title II, § 242, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, established National Periodical System Corporation. Section 1047b, Pub. L. 89–329, title II, § 243, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, related to functions of National Periodical System Cor- poration. Section 1047c, Pub. L. 89–329, title II, § 244, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, related to board of directors of National Periodical System Corporation. Section 1047d, Pub. L. 89–329, title II, § 245, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to director and staff of National Periodical Sys- tem Corporation. Section 1047e, Pub. L. 89–329, title II, § 246, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to nonprofit nature of National Periodical Sys- tem Corporation. Section 1047f, Pub. L. 89–329, title II, § 247, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to authority of National Periodical System Corporation. Section 1047g, Pub. L. 89–329, title II, § 248, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1389, related to congressional approval of design for national periodical system. Section 1047h, Pub. L. 89–329, title II, § 249, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1389, related to effect of former part D of this subchapter on copyright law. Section 1047i, Pub. L. 89–329, title II, § 250, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1389, defined terms used in former part D of this subchapter. Section 1047j, Pub. L. 89–329, title II, § 251, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1390, authorized appropriations to carry out former part D of this subchapter. SUBCHAPTER III—INSTITUTIONAL AID Editorial Notes CODIFICATION Title III of the Higher Education Act of 1965, com- prising this subchapter, was originally enacted by Pub. L. 89–329, title III, Nov. 8, 1965, 79 Stat. 1229, and amend- ed by Pub. L. 89–752, Nov. 3, 1966, 80 Stat. 1240; 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. 96–49, Aug. 13, 1979, 93 Stat. 351; Pub. L. 96–374, Oct. 3, 1980, 94 Stat. 1367; Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 357; Pub. L. 98–95, Sept. 26, 1983, 97 Stat. 708; Pub. L. 98–312, June 12, 1984, 98 Stat. 233. Such title is shown herein, however, as having been added by Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1290, without reference to such intervening amendments because of the extensive revi- sion of title III by Pub. L. 99–498. § 1051. Findings and purpose (a) Findings The Congress finds that— (1) there are a significant number of institu- tions of higher education serving high percent- ages 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 develop- ment activities, including endowment build- ing; (3) in order to be competitive and provide a high-quality education for all, institutions of higher education should improve their techno- logical 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 uni- versities and other institutions with large concentrations of minority, low-income stu- dents; (5) the solution of the problems of these in- stitutions would enable them to become via- ble, fiscally stable and independent, thriving institutions of higher education; (6) providing assistance to eligible institu- tions 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 as- sisting them in solving their problems and in stabilizing their management and fiscal oper- ations, and in becoming financially inde- pendent; 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 edu- cation 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 postsec- ondary education opportunities may be en- hanced for all students. (b) Purpose It is the purpose of this subchapter to assist such institutions in equalizing educational op- portunity through a program of Federal assist- ance. (Pub. L. 89–329, title III, § 301, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1290; amended Pub. L. 102–325, title III, § 301, July 23, 1992, 106 Stat. 472; Pub. L. 103–208, § 2(a)(4), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 105–244, title III, § 302, Oct. 7, 1998, 112 Stat. 1637.) Editorial Notes PRIOR PROVISIONS A prior section 1051, Pub. L. 89–329, title III, § 301, as added Pub. L. 96–374, title III, § 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, § 301, Nov. 8, 1965, 79 Stat. 1229; Pub. L. 89–752, § 10, Nov. 3, 1966, 80 Stat. 1243; Pub. L. 90–575, title II, §§ 221, 222, Oct. 16, 1968, 82 Stat. 1038; Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 241; Pub. L. 94–482, title I, § 111, Oct. 12, 1976, 90 Stat. 2091; Pub. L. 96–49, § 4, Aug. 13, 1979, 93 Stat. 351, related to a program of special assist- ance to strengthen the academic quality of developing institutions, prior to the general revision of this sub- chapter by Pub. L. 96–374. Prior sections 1052 to 1056 were omitted in the general revision of this subchapter by Pub. L. 96–374. Page 274 TITLE 20—EDUCATION § 1057 Section 1052, Pub. L. 89–329, title III, § 302, Nov. 8, 1965, 79 Stat. 1229; Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 241; Pub. L. 93–380, title VIII, § 832, Aug. 21, 1974, 88 Stat. 603; Pub. L. 94–482, title I, § 112, Oct. 12, 1976, 90 Stat. 2091, related to eligibility for special as- sistance. Section 1053, Pub. L. 89–329, title III, § 303, Nov. 8, 1965, 79 Stat. 1230; Pub. L. 91–230, title IV, § 401(h)(4), Apr. 13, 1970, 84 Stat. 174; Pub. L. 92–318, title I, § 121(a), title III, § 301(a)(1), June 23, 1972, 86 Stat. 242, 326, provided for the establishment of an Advisory Council on Devel- oping Institutions. Section 1054, Pub. L. 89–329, title III, § 304, Nov. 8, 1965, 79 Stat. 1230; Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 243, authorized the Commissioner of Edu- cation to make grants and awards. Section 1055, Pub. L. 89–329, title III, § 305, Nov. 8, 1965, 79 Stat. 1231; Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 244, related to assistance to developing in- stitutions under other programs. Section 1056, Pub. L. 89–329, title III, § 306, as added Pub L. 90–575, title II, § 223(a), Oct. 16, 1968, 82 Stat. 1038; amended Pub. L. 92–318, title I, § 121(a), June 23, 1972, 86 Stat. 245, prohibited the use of funds for religious ac- tivities. AMENDMENTS 1998—Pars. (3) to (8). Pub. L. 105–244 added par. (3) and redesignated former pars. (3) to (7) as (4) to (8), respec- tively. 1993—Subsec. (a)(2). Pub. L. 103–208 struck out the comma after ‘‘planning’’. 1992—Subsec. (a)(1). Pub. L. 102–325, § 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, § 301(2), struck out ‘‘re- cruitment activities,’’ after ‘‘long-range planning,’’. Subsec. (a)(5). Pub. L. 102–325, § 301(3), amended par. (5) generally. Prior to amendment, par. (5) read as fol- lows: ‘‘providing a minimum level of assistance to all categories of eligible institutions will assure the con- tinued 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;’’. Statutory Notes and Related Subsidiaries 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 sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–208, § 5, Dec. 20, 1993, 107 Stat. 2488, pro- vided that: ‘‘(a) IN GENERAL.—Except as otherwise provided therein or in subsection (b) of this section, the amend- ments 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 classi- fication]. ‘‘(b) EXCEPTIONS.— ‘‘(1) EFFECTIVE ON OCTOBER 1, 1993.—The amend- ments 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 sec- tions 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 sec- tion 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 deter- minations) 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 Pub. L. 99–498, title III, § 301(b), Oct. 17, 1986, 100 Stat. 1308, provided that: ‘‘The amendment made by sub- section (a) [enacting this subchapter] shall take effect July 1, 1987.’’ PART A—STRENGTHENING INSTITUTIONS § 1057. Program purpose (a) General authorization The Secretary shall carry out a program, in accordance with this part, to improve the aca- demic quality, institutional management, and fiscal stability of eligible institutions, in order to increase their self-sufficiency and strengthen their capacity to make a substantial contribu- tion to the higher education resources of the Na- tion. (b) Grants awarded; special consideration (1) From the sums available for this part under section 1068h(a)(1) of this title, the Sec- retary may award grants to any eligible institu- tion with an application approved under section 1068 of this title in order to assist such an insti- tution to plan, develop, or implement activities that promise to strengthen the institution. (2) Special consideration shall be given to any eligible institution— (A) which has endowment funds (other than any endowment fund built under section 1065 of this title as in effect on September 30, 1986, and under part B) the market value of which, per full-time equivalent student, is less than the average current market value of the en-