20 U.S.C. § 1066e — Repealed. Pub. L. 105–244, title III,

Page 308 TITLE 20—EDUCATION § 1066e sponsibilities of the designated bonding au- thority under this part; (2) shall ensure that— (A) the selection process for the designated bonding authority is conducted on a com- petitive basis; and (B) the evaluation and selection process is transparent; (3) shall— (A) review the performance of the des- ignated bonding authority after the third year of the insurance agreement; and (B) following the review described in sub- paragraph (A), implement a revised competi- tive selection process, if determined nec- essary 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 cap- ital 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 re- gard to the amount in controversy, and any action instituted under this section by or against the Secretary shall survive notwith- standing any change in the person occupying the office of the Secretary or any vacancy in such office; (6)(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, not- withstanding any other provisions of law re- lating to the acquisition, handling, or disposal of real property by the United States, com- plete, administer, remodel and convert, dis- pose 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 defi- ciency in the amount of a loan assigned to the Secretary; and (ii) any such acquisition of real property shall not deprive any State or political sub- division thereof of its civil or criminal juris- diction in and over such property or impair the civil rights under the State or local laws of the inhabitants on such property; (7) may sell, exchange, or lease real or per- sonal property and securities or obligations; (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 insti- tutions 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 commit- tees a report on the progress of the Depart- ment in implementing the recommendations made by the Government Accountability Of- fice in October 2006 for improving the Histori- cally Black College and Universities Capital Financing Program. (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; re- numbered 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.) 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 amend- ment of this subchapter by Pub. L. 99–498. AMENDMENTS 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). 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), respec- tively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 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. § 1066e. Repealed. Pub. L. 105–244, title III, § 306(d), Oct. 7, 1998, 112 Stat. 1647 Section, Pub. L. 89–329, title III, § 346, formerly title VII, § 726, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 746; amended Pub. L. 103–208, § 2(j)(17), Dec. 20, 1993, 107 Stat. 2481; renumbered title III, § 346, Pub. L. 105–244, title III, § 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, prohibited institution receiving a loan under this part from receiving grant under former part A of subchapter VII of this chapter. Editorial Notes CODIFICATION Section was formerly classified to section 1132c–5 of this title prior to renumbering by Pub. L. 105–244. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1998, except as otherwise pro- vided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, Page 309 TITLE 20—EDUCATION § 1066f set out as an Effective Date of 1998 Amendment note under section 1001 of this title. § 1066f. HBCU Capital Financing Advisory Board (a) Establishment and purpose There is established within the Department of Education, the Historically Black College and Universities Capital Financing Advisory Board (hereinafter in this part referred to as the ‘‘Ad- visory Board’’) which shall provide advice and counsel to the Secretary and the designated bonding authority as to the most effective and efficient means of implementing construction fi- nancing on African American college campuses, and advise the Congress of the United States re- garding the progress made in implementing this part. The Advisory Board shall meet with the Secretary at least twice each year to advise him as to the capital needs of historically Black col- leges and universities, how those needs can be met through the program authorized by this part, and what additional steps might be taken to improve the operation and implementation of the construction financing program. (b) Board membership (1) Composition The Advisory Board shall be appointed by the Secretary and shall be composed of 11 members as follows: (A) The Secretary or the Secretary’s des- ignee. (B) Three members who are presidents of private historically Black colleges or univer- sities. (C) Three members who are presidents of public historically Black colleges or univer- sities. (D) The president of the United Negro Col- lege Fund, Inc., or the president’s designee. (E) The president of the National Associa- tion for Equal Opportunity in Higher Edu- cation, or the designee of the Association. (F) The executive director of the White House Initiative on historically Black col- leges and universities. (G) The president of the Thurgood Mar- shall College Fund, or the designee of the president. (2) Terms The term of office of each member appointed under paragraphs (1)(B) and (1)(C) shall be 3 years, except that— (A) of the members first appointed pursu- ant to paragraphs (1)(B) and (1)(C), 2 shall be appointed for terms of 1 year, and 3 shall be appointed for terms of 2 years; (B) members appointed to fill a vacancy occurring before the expiration of a term of a member shall be appointed to serve the re- mainder of that term; and (C) a member may continue to serve after the expiration of a term until a successor is appointed. (c) Additional recommendations from Advisory Board (1) In general In addition to the responsibilities of the Ad- visory Board described in subsection (a), the Advisory Board shall advise the Secretary and the authorizing committees regarding— (A) the fiscal status and strategic financial condition of not less than ten historically Black colleges and universities that have— (i) obtained construction financing through the program under this part and seek additional financing or refinancing under such program; or (ii) applied for construction financing through the program under this part but have not received financing under such program; and (B) the feasibility of reducing borrowing costs associated with the program under this part, including reducing interest rates. (2) Report Not later than six months after August 14, 2008, the Advisory Board shall prepare and sub- mit a report to the authorizing committees re- garding the historically Black colleges and universities described in paragraph (1)(A) that includes administrative and legislative rec- ommendations for addressing the issues re- lated to construction financing facing such historically Black colleges and universities. (Pub. L. 89–329, title III, § 347, formerly title VII, § 727, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 746; renumbered title III, § 347, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), 306(e), Oct. 7, 1998, 112 Stat. 1636, 1647; Pub. L. 110–315, title III, § 314(e), Aug. 14, 2008, 122 Stat. 3182.) Editorial Notes CODIFICATION Section was formerly classified to section 1132c–6 of this title prior to renumbering by Pub. L. 105–244. PRIOR PROVISIONS A prior section 347 of Pub. L. 89–329 was classified to section 1069c of this title prior to the general amend- ment of this subchapter by Pub. L. 99–498. AMENDMENTS 2008—Subsec. (b)(1). Pub. L. 110–315, § 314(e)(1)(A), sub- stituted ‘‘11 members’’ for ‘‘9 members’’ in introduc- tory provisions. Subsec. (b)(1)(C). Pub. L. 110–315, § 314(e)(1)(B), sub- stituted ‘‘Three members’’ for ‘‘Two members’’. Subsec. (b)(1)(G). Pub. L. 110–315, § 314(e)(1)(C), added subpar. (G). Subsec. (c). Pub. L. 110–315, § 314(e)(2), added subsec. (c). 1998—Subsec. (b)(1)(D). Pub. L. 105–244, § 306(e)(1)(A), inserted ‘‘, or the president’s designee.’’ after ‘‘Fund, Inc.’’ Subsec. (b)(1)(E). Pub. L. 105–244, § 306(e)(1)(B), in- serted ‘‘, or the designee of the Association’’ before the period. Subsec. (c). Pub. L. 105–244, § 306(e)(2), struck out heading and text of subsec. (c). Text read as follows: ‘‘There are authorized to be appropriated $50,000 for fis- cal year 1993 and each of the 4 succeeding fiscal years to carry out this section.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec-