 
      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.''
