Title 20 — Education
Part B · Chapter 28 — Higher Education Resources and Student Assistance
§ 1138a. National Board of the Fund for the Improvement of Postsecondary Education
Statutory text
Establishment
There is established a National Board of the Fund for the Improvement of Postsecondary Education (in this part referred to as the “Board”). The Board shall consist of 15 members appointed by the Secretary for overlapping 3-year terms. A majority of the Board shall constitute a quorum. Any member of the Board who has served for 6 consecutive years shall thereafter be ineligible for appointment to the Board during a 2-year period following the expiration of such sixth year.
Membership
The Secretary shall designate one of the members of the Board as Chairperson of the Board. A majority of the members of the Board shall be public interest representatives, including students, and a minority shall be educational representatives. All members selected shall be individuals able to contribute an important perspective on priorities for improvement in postsecondary education and strategies of educational and institutional change.
Duties
The Board shall—
advise the Secretary on priorities for the improvement of postsecondary education and make such recommendations as the Board may deem appropriate for the improvement of postsecondary education and for the evaluation, dissemination, and adaptation of demonstrated improvements in postsecondary educational practice;
advise the Secretary on the operation of the Fund for the Improvement of Postsecondary Education, including advice on planning documents, guidelines, and procedures for grant competitions prepared by the Fund; and
meet at the call of the Chairperson, except that the Board shall meet whenever one-third or more of the members request in writing that a meeting be held.
Information and assistance
The Secretary shall make available to the Board such information and assistance as may be necessary to enable the Board to carry out its functions.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Higher Education Act of 1965
Pub. L. 89–329 title VII § 742 · 79 Stat. 1219
Enacted · 20 U.S.C. § 1138a
Pub. L. 89–329, title VII, § 742, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1797
Source evidence
Code source credit
Pub. L. 89–329, title VII, § 742, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1797Higher Education Opportunity Act
Pub. L. 110–315 § 707(h)(1)(A) · 122 Stat. 3078
Struck · 20 U.S.C. § 1138a(b)
Pub. L. 110–315, § 707(h)(1)(A), struck out par. (1) designation before “The Secretary shall designate”
Struck · 20 U.S.C. § 1138a(b)
Pub. L. 110–315, § 707(h)(1)(A), struck out par. (2). Prior to amendment, text of par. (2) read as follows: “The Secretary shall appoint the Director of the Fund for the Improvement of Postsecondary Education (hereafter in this part referred to as the ‘Director’).”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–315, § 707(h)(1)(A), struck out par. (1) designation before “The Secretary shall designate” and struck out par. (2). Prior to amendment, text of par. (2) read as follows: “The Secretary shall appoint the Director of the Fund for the Improvement of Postsecondary Education (hereafter in this part referred to as the ‘Director’).”Enacted provision · exact public law section
(A) in subsection (b)— (i) by striking “(b) Membership.—” and all that follows through “The Secretary” and inserting “(b) Membership.—The Secretary”; and (ii) by striking paragraph (2);Higher Education Opportunity Act
Pub. L. 110–315 § 707(h)(1)(B) · 122 Stat. 3078
Struck · 20 U.S.C. § 1138a(c)(1); 20 U.S.C. § 1138a(c)(2)
Pub. L. 110–315, § 707(h)(1)(B), struck out “and the Director” after “Secretary”
Source evidence
Code amendment note
Subsec. (c)(1), (2). Pub. L. 110–315, § 707(h)(1)(B), struck out “and the Director” after “Secretary”.Enacted provision · exact public law section
(B) in subsection (c), by striking “and the Director” each place the term appears; andHigher Education Opportunity Act
Pub. L. 110–315 § 707(h)(1)(C) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1138a(d)
Pub. L. 110–315, § 707(h)(1)(C), substituted “Secretary” for “Director”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 110–315, § 707(h)(1)(C), substituted “Secretary” for “Director”.Enacted provision · exact public law section
(C) in subsection (d), by striking “Director” and inserting “Secretary”;
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in section 1135a of this title, prior to repeal by Pub. L. 105–244.
A prior section 1138a, Pub. L. 89–329, title XI, § 1142, as added Pub. L. 102–325, title XI, § 1101, , 106 Stat. 789; amended Pub. L. 103–208, § 2(j)(47), , 107 Stat. 2485, authorized grants for student literacy corps and student mentoring corps programs, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, , 112 Stat. 1585, 1803, effective .
Another prior section 1138a, Pub. L. 89–329, title XI, § 1122, as added Pub. L. 99–498, title XI, § 1101, , 100 Stat. 1571, authorized appropriations to carry out parts A and B of subchapter XI of this chapter, prior to the general amendment of such subchapter by Pub. L. 102–325.
A prior section 742 of Pub. L. 89–329 was classified to section 1132e–1 of this title, prior to the general amendment of this subchapter by Pub. L. 99–498.
Another prior section 742 of Pub. L. 89–329 was classified to section 1132c–1 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.
Amendments
2008—Subsec. (b). Pub. L. 110–315, § 707(h)(1)(A), struck out par. (1) designation before “The Secretary shall designate” and struck out par. (2). Prior to amendment, text of par. (2) read as follows: “The Secretary shall appoint the Director of the Fund for the Improvement of Postsecondary Education (hereafter in this part referred to as the ‘Director’).”
Subsec. (c)(1), (2). Pub. L. 110–315, § 707(h)(1)(B), struck out “and the Director” after “Secretary”.
Subsec. (d). Pub. L. 110–315, § 707(h)(1)(C), substituted “Secretary” for “Director”.
Credits
1998–2008 · 2 acts
- 1998Pub. L. 89–329, title VII, § 742, as added Pub. L. 105–244, title VII, § 701, , 112 Stat. 1797
- 2008amended Pub. L. 110–315, title VII, § 707(h)(1), , 122 Stat. 3360.
Show as published
(Pub. L. 89–329, title VII, § 742, as added Pub. L. 105–244, title VII, § 701, , 112 Stat. 1797; amended Pub. L. 110–315, title VII, § 707(h)(1), , 122 Stat. 3360.)