20 U.S. Code § 1066d - Authority of Secretary
In the performance of, and with respect to, the functions vested in the Secretary by this part, the Secretary—
(1) shall, within 120 days of August 14, 2008, 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—
(2) shall ensure that—
(A) the selection process for the designated bonding authority is conducted on a competitive basis; and
(A) review the performance of the designated bonding authority after the third year of the insurance agreement; and
(B) 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;
(4) shall require that the first loans for capital projects authorized under section 1066b of this title be made no later than March 31, 1994;
(5) 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;
(A) 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
(B) 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—
(i) 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
(8) may include in any contract such other covenants, conditions, or provisions necessary to ensure that the purposes of this part will be achieved;
(9) 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
(10) not later than 120 days after August 14, 2008, 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.
Source(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; amended Pub. L. 103–208, § 2(j)(16),Dec. 20, 1993, 107 Stat. 2481; renumbered title III, § 345, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), (c)(6), 306 (c),Oct. 7, 1998, 112 Stat. 1636, 1637, 1647; Pub. L. 110–315, title III, § 314(d),Aug. 14, 2008, 122 Stat. 3181.)
Section was formerly classified to section 1132c–4 of this title prior to renumbering by Pub. L. 105–244.
A prior section 345 ofPub. L. 89–329was classified to section 1069a of this title prior to the general amendment of this subchapter by Pub. L. 99–498.
2008—Par. (1). Pub. L. 110–315, § 314(d)(1), substituted “August 14, 2008,” for “July 23, 1992,” 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).
Par. (7). Pub. L. 105–244, § 306(c), added par. (7).
1993—Pars. (2) to (6). Pub. L. 103–208added par. (2) and redesignated former pars. (2) to (5) as (3) to (6), respectively.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–244effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 ofPub. L. 105–244, set out as a note under section 1001 of this title.
Effective Date of 1993 Amendment