Skip to content

Title 20 — Education

Part B · Chapter 28 — Higher Education Resources and Student Assistance

§ 1138b. Administrative provisions

Statutory text

The Secretary may appoint, for terms not to exceed 3 years, without regard to the provisions of title 5 governing appointments in the competitive service, not more than 7 technical employees to administer this part who may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

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.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title VII § 743 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1138b

    Pub. L. 89–329, title VII, § 743, 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, § 743, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1797

  2. Higher Education Opportunity Act

    Pub. L. 110–315 title VII § 707(h)(2) · 122 Stat. 3078

    1. Struck · 20 U.S.C. § 1138b

      Pub. L. 110–315 struck out subsec. (a) designation and heading before “The Secretary may appoint,”

    2. Struck · 20 U.S.C. § 1138b

      Pub. L. 110–315 struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “The Director shall establish procedures for reviewing and evaluating grants and contracts made or entered into under this part. Procedures for reviewing grant applications or contracts for financial assistance under this section may not be subject to any review outside of officials responsible for the administration of the Fund for the Improvement of Postsecondary Education.”

    Source evidence

    Code amendment note
    Pub. L. 110–315 struck out subsec. (a) designation and heading before “The Secretary may appoint,” and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “The Director shall establish procedures for reviewing and evaluating grants and contracts made or entered into under this part. Procedures for reviewing grant applications or contracts for financial assistance under this section may not be subject to any review outside of officials responsible for the administration of the Fund for the Improvement of Postsecondary Education.”

    Enacted provision · exact public law section
    (2) in section 743 (20 U.S.C. 1138b)— (A) by striking “(a) Technical Employees.—”; and (B) by striking subsection (b); and

2 of 3 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 1135a–1 of this title, prior to repeal by Pub. L. 105–244.

A prior section 1138b, Pub. L. 89–329, title XI, § 1143, as added Pub. L. 102–325, title XI, § 1101, , 106 Stat. 789, related to use of funds, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, , 112 Stat. 1585, 1803, effective .

Another prior section 1138b, Pub. L. 89–329, title XI, § 1123, as added Pub. L. 99–498, title XI, § 1101, , 100 Stat. 1571, defined terms, prior to the general amendment of subchapter XI of this chapter by Pub. L. 102–325.

A prior section 743 of Pub. L. 89–329 was classified to section 1132c–2 of this title, prior to the general amendment of this subchapter by Pub. L. 96–374.

Amendments

2008—Pub. L. 110–315 struck out subsec. (a) designation and heading before “The Secretary may appoint,” and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “The Director shall establish procedures for reviewing and evaluating grants and contracts made or entered into under this part. Procedures for reviewing grant applications or contracts for financial assistance under this section may not be subject to any review outside of officials responsible for the administration of the Fund for the Improvement of Postsecondary Education.”

Credits

1998–2008 · 2 acts
  1. 1998Pub. L. 89–329, title VII, § 743, as added Pub. L. 105–244, title VII, § 701, , 112 Stat. 1797
  2. 2008amended Pub. L. 110–315, title VII, § 707(h)(2), , 122 Stat. 3360.
Show as published

(Pub. L. 89–329, title VII, § 743, as added Pub. L. 105–244, title VII, § 701, , 112 Stat. 1797; amended Pub. L. 110–315, title VII, § 707(h)(2), , 122 Stat. 3360.)

Parsed from the official OLRC USLM XML in data/usc_all/usc20.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t20/s1138b