Title 20 — Education
Part D · Chapter 28 — Higher Education Resources and Student Assistance
§ 1066d. Authority of Secretary
Statutory text
In the performance of, and with respect to, the functions vested in the Secretary by this part, the Secretary—
shall, within 120 days of , publish in the Federal Register a notice and request for proposals for any private for-profit organization or entity wishing to serve as the designated bonding authority under this part, which notice shall—
specify the time and manner for submission of proposals; and
specify any information, qualifications, criteria, or standards the Secretary determines to be necessary to evaluate the financial capacity and administrative capability of any applicant to carry out the responsibilities of the designated bonding authority under this part;
shall ensure that—
the selection process for the designated bonding authority is conducted on a competitive basis; and
the evaluation and selection process is transparent;
shall—
review the performance of the designated bonding authority after the third year of the insurance agreement; and
following the review described in subparagraph (A), implement a revised competitive selection process, if determined necessary by the Secretary in consultation with the Advisory Board established pursuant to section 1066f of this title;
shall require that the first loans for capital projects authorized under section 1066b of this title be made no later than ;
may sue and be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this part without regard to the amount in controversy, and any action instituted under this part without regard to the amount in controversy, and any action instituted under this section by or against the Secretary shall survive notwithstanding any change in the person occupying the office of the Secretary or any vacancy in such office;
may foreclose on any property and bid for and purchase at any foreclosure, or any other sale, any property in connection with which the Secretary has been assigned a loan pursuant to this part; and
in the event of such an acquisition, notwithstanding any other provisions of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property, except that—
such action shall not preclude any other action by the Secretary to recover any deficiency in the amount of a loan assigned to the Secretary; and
any such acquisition of real property shall not deprive any State or political subdivision thereof of its civil or criminal jurisdiction in and over such property or impair the civil rights under the State or local laws of the inhabitants on such property;
may sell, exchange, or lease real or personal property and securities or obligations;
may include in any contract such other covenants, conditions, or provisions necessary to ensure that the purposes of this part will be achieved;
may, directly or by grant or contract, provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a capital improvement loan, including a loan under this part; and
not later than 120 days after , shall submit to the authorizing committees a report on the progress of the Department in implementing the recommendations made by the Government Accountability Office in October 2006 for improving the Historically Black College and Universities Capital Financing Program.
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 III § 345 · 79 Stat. 1219
Enacted · 20 U.S.C. § 1066d
Pub. L. 89–329, title III, § 345, formerly title VII, § 725, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 745
Source evidence
Code source credit
Pub. L. 89–329, title III, § 345, formerly title VII, § 725, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 745Higher Education Technical Amendments of 1993
Pub. L. 103–208 § 2(j)(16) · 107 Stat. 2457
Added · 20 U.S.C. § 1066d(2)(6)
Pub. L. 103–208 added par. (2)
Redesignated · 20 U.S.C. § 1066d(2)(6)
Pub. L. 103–208 redesignated former pars. (2) to (5) as (3) to (6), respectively
Source evidence
Code amendment note
Pars. (2) to (6). Pub. L. 103–208 added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively.Enacted provision · exact public law section
(16) in section 725— 20 USC 1132b–4. (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (B) by inserting after paragraph (1) the following new paragraph: “(2) shall require that the first loans for capital projects authorized under section 723 be made no later than March 31, 1994;”;Higher Education Amendments of 1998
Pub. L. 105–244 § 301(c)(6) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1066d(2)
Pub. L. 105–244, § 301(c)(6), substituted “section 1066b” for “section 1132c–2”
Source evidence
Code amendment note
Par. (2). Pub. L. 105–244, § 301(c)(6), substituted “section 1066b” for “section 1132c–2”.Enacted provision · exact public law section
(6) in section 345(2) (as redesignated by subsection (a)(4)) 20 USC 1066d. (20 U.S.C. 1132c–4(2)), by striking “723” and inserting “343”;Effective date note
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.Higher Education Amendments of 1998
Pub. L. 105–244 § 306(c) · 112 Stat. 1581
Added · 20 U.S.C. § 1066d(7)
Pub. L. 105–244, § 306(c), added par. (7)
Source evidence
Code amendment note
Par. (7). Pub. L. 105–244, § 306(c), added par. (7).Enacted provision · exact public law section
(c) Technical Assistance.— Section 345 (as redesignated by 20 USC 1066d. section 301(a)(4)) (20 U.S.C. 1132c–4) is amended— (1) in paragraph (5), by striking “and” after the semicolon; (2) in paragraph (6), by striking the period and inserting (3) by adding at the end the following: “(7) may, directly or by grant or contract, provide technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a capital improvement loan, including a loan under this part.”.Effective date note
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.Higher Education Opportunity Act
Pub. L. 110–315 § 314(d)(1) · 122 Stat. 3078
Substituted · 20 U.S.C. § 1066d(1)
Pub. L. 110–315, § 314(d)(1), substituted “August 14, 2008,” for “July 23, 1992,” in introductory provisions
Source evidence
Code amendment note
Par. (1). Pub. L. 110–315, § 314(d)(1), substituted “August 14, 2008,” for “July 23, 1992,” in introductory provisions.Enacted provision · exact public law section
(1) in paragraph (1), by striking “enactment of the Higher Education Amendments of 1992,” and inserting “the date of enactment of the Higher Education Opportunity Act,”;Higher Education Opportunity Act
Pub. L. 110–315 § 314(d)(2) · 122 Stat. 3078
Added · 20 U.S.C. § 1066d(2)(9)
Pub. L. 110–315, § 314(d)(2), (3), added pars. (2) and (3)
Redesignated · 20 U.S.C. § 1066d(2)(9)
Pub. L. 110–315, § 314(d)(2), (3), redesignated former pars. (2) to (7) as (4) to (9), respectively
Source evidence
Code amendment note
Pars. (2) to (9). Pub. L. 110–315, § 314(d)(2), (3), added pars. (2) and (3) and redesignated former pars. (2) to (7) as (4) to (9), respectively.Enacted provision · exact public law section
(2) by redesignating paragraphs (2) through (7) as paragraphs (4) through (9), respectively;Higher Education Opportunity Act
Pub. L. 110–315 § 314(d)(4) · 122 Stat. 3078
Added · 20 U.S.C. § 1066d(10)
Pub. L. 110–315, § 314(d)(4)–(6), added par. (10)
Source evidence
Code amendment note
Par. (10). Pub. L. 110–315, § 314(d)(4)–(6), added par. (10).Enacted provision · exact public law section
(4) in paragraph (8) (as redesignated by paragraph (2)), by striking “and” after the semicolon;
8 of 9 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was formerly classified to section 1132c–4 of this title prior to renumbering by Pub. L. 105–244.
Prior Provisions
A prior section 345 of Pub. L. 89–329 was classified to section 1069a of this title prior to the general amendment of this subchapter by Pub. L. 99–498.
Amendments1993–2008 · 3 rounds
2008
Par. (1). Pub. L. 110–315, § 314(d)(1), substituted “,” for “,” in introductory provisions.
Pars. (2) to (9). Pub. L. 110–315, § 314(d)(2), (3), added pars. (2) and (3) and redesignated former pars. (2) to (7) as (4) to (9), respectively.
Par. (10). Pub. L. 110–315, § 314(d)(4)–(6), added par. (10).
1998
Par. (2). Pub. L. 105–244, § 301(c)(6), substituted “section 1066b” for “section 1132c–2”.
Par. (7). Pub. L. 105–244, § 306(c), added par. (7).
1993
Pars. (2) to (6). Pub. L. 103–208 added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–244 effective , 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
Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title.
Credits
1992–2008 · 4 acts
- 1992Pub. L. 89–329, title III, § 345, formerly title VII, § 725, as added Pub. L. 102–325, title VII, § 704, , 106 Stat. 745
- 1993amended Pub. L. 103–208, § 2(j)(16), , 107 Stat. 2481
- 1998renumbered title III, § 345, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), (c)(6), 306(c), , 112 Stat. 1636, 1637, 1647
- 2008Pub. L. 110–315, title III, § 314(d), , 122 Stat. 3181.
Show as published
(Pub. L. 89–329, title III, § 345, formerly title VII, § 725, as added Pub. L. 102–325, title VII, § 704, , 106 Stat. 745; amended Pub. L. 103–208, § 2(j)(16), , 107 Stat. 2481; renumbered title III, § 345, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), (c)(6), 306(c), , 112 Stat. 1636, 1637, 1647; Pub. L. 110–315, title III, § 314(d), , 122 Stat. 3181.)