US Code

Public Law 119-73 (01/23/2026)

20 U.S.C. § 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, § 301Pub. L. 99–498, title III, § 301(a)100 Stat. 1290Pub. L. 102–325, title III, § 301106 Stat. 472Pub. L. 103–208, § 2(a)(4)107 Stat. 2457Pub. L. 105–244, title III, § 302112 Stat. 1637(, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 89–329, title III, § 301Pub. L. 96–374, title III, § 30194 Stat. 1390Pub. L. 99–498A prior section 1051, , as added , , , 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. 89–329, title III, § 30179 Stat. 1229Pub. L. 89–752, § 1080 Stat. 1243Pub. L. 90–575, title II82 Stat. 1038Pub. L. 92–318, title I, § 121(a)86 Stat. 241Pub. L. 94–482, title I, § 11190 Stat. 2091Pub. L. 96–49, § 493 Stat. 351Pub. L. 96–374Another prior section 1051, , , ; , , ; , §§ 221, 222, , ; , , ; , , ; , , , 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. 96–374Prior sections 1052 to 1056 were omitted in the general revision of this subchapter by .

Pub. L. 89–329, title III, § 30279 Stat. 1229Pub. L. 92–318, title I, § 121(a)86 Stat. 241Pub. L. 93–380, title VIII, § 83288 Stat. 603Pub. L. 94–482, title I, § 11290 Stat. 2091Section 1052, , , ; , , ; , , ; , , , related to eligibility for special assistance.

Pub. L. 89–329, title III, § 30379 Stat. 1230Pub. L. 91–230, title IV, § 401(h)(4)84 Stat. 174Pub. L. 92–318, title I, § 121(a)86 Stat. 242Section 1053, , , ; , , ; , title III, § 301(a)(1), , , 326, provided for the establishment of an Advisory Council on Developing Institutions.

Pub. L. 89–329, title III, § 30479 Stat. 1230Pub. L. 92–318, title I, § 121(a)86 Stat. 243Section 1054, , , ; , , , authorized the Commissioner of Education to make grants and awards.

Pub. L. 89–329, title III, § 30579 Stat. 1231Pub. L. 92–318, title I, § 121(a)86 Stat. 244Section 1055, , , ; , , , related to assistance to developing institutions under other programs.

Pub. L. 89–329, title III, § 30682 Stat. 1038Pub. L. 92–318, title I, § 121(a)86 Stat. 245Section 1056, , as added Pub L. 90–575, title II, § 223(a), , ; amended , , , prohibited the use of funds for religious activities.

Amendments

Pub. L. 105–2441998—Pars. (3) to (8). added par. (3) and redesignated former pars. (3) to (7) as (4) to (8), respectively.

Pub. L. 103–2081993—Subsec. (a)(2). struck out the comma after “planning”.

Pub. L. 102–325, § 301(1)1992—Subsec. (a)(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;”.

Pub. L. 102–325, § 301(2)Subsec. (a)(2). , struck out “recruitment activities,” after “long-range planning,”.

Pub. L. 102–325, § 301(3)Subsec. (a)(5). , 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;”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–244Pub. L. 105–244section 3 of Pub. L. 105–244section 1001 of this titleAmendment by effective , except as otherwise provided in , see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–208, § 5107 Stat. 2488

“(a)

In general .—

Public Law 102–325section 1098a of this titleExcept 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 (), except that section 492 of the Act [] 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 : (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 []: (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)

Effectivedays after enactment 30 .—

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 []: (c)(19), (c)(20), (c)(21), (c)(59) [amending sections 1078 and 1085 of this title].
“(4)

Effectivedays after enactment 60 .—

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 []: (c)(31) and (c)(53) [amending sections 1078–1 and 1083 of this title].
“(5)

Effective on April 1, 1994.—

section 1078–8 of this titleThe amendments made by section 2(c)(43)(B) of this Act [amending ] shall be effective on and after .
“(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 : (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 .—

section 1085 of this titleThe amendment made by section 2(c)(60)(A) [amending ] shall be effective on and after .
“(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.”
, , , provided that:

Effective Date of 1992 Amendment

Pub. L. 102–325section 2 of Pub. L. 102–325section 1001 of this titleAmendment by effective , see , set out as a note under .

Effective Date

Pub. L. 99–498, title III, § 301(b)100 Stat. 1308

“The amendment made by subsection (a) [enacting this subchapter] shall take effect .”
, , , provided that: