20 U.S.C. § 1066f — HBCU Capital Financing Advisory Board

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- Page 310 TITLE 20—EDUCATION § 1066g tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board estab- lished by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Govern- ment Organization and Employees. § 1066g. Minority business enterprise utilization In the performance of and with respect to the Secretary’s effectuation of his responsibilities under section 1066d(1) of this title and to the maximum extent feasible in the implementation of the purposes of this part, minority business persons, including bond underwriters and credit enhancers, bond counsel, marketers, account- ants, advisors, construction contractors, and managers should be utilized. (Pub. L. 89–329, title III, § 348, formerly title VII, § 728, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 747; renumbered title III, § 348, and amended Pub. L. 105–244, title III, § 301(a)(3), (4), (c)(7), Oct. 7, 1998, 112 Stat. 1636, 1637.) Editorial Notes CODIFICATION Section was formerly classified to section 1132c–7 of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 1998—Pub. L. 105–244, § 301(c)(7), substituted ‘‘section 1066d(1)’’ for ‘‘section 1132c–4(1)’’. 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. PART E—MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM SUBPART 1—MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM Editorial Notes CODIFICATION Pub. L. 105–244, title III, §§ 301(a)(5), 307(d), Oct. 7, 1998, 112 Stat. 1636, 1648, redesignated subpart 1 (§ 1135b et seq.) of part B of subchapter X of this chapter as sub- part 1 of part E of subchapter III of this chapter and in- serted ‘‘AND ENGINEERING’’ before ‘‘IMPROVEMENT PRO- GRAM’’ in heading. § 1067. Findings Congress makes the following findings: (1) It is incumbent on the Federal Govern- ment to support the technological and eco- nomic competitiveness of the United States by improving and expanding the scientific and technological capacity of the United States. More and better prepared scientists, engineers, and technical experts are needed to improve and expand such capacity. (2) As the Nation’s population becomes more diverse, it is important that the educational and training needs of all Americans are met. Underrepresentation of minorities in science and technological fields diminishes our Na- tion’s competitiveness by impairing the quan- tity of well prepared scientists, engineers, and technical experts in these fields. (3) Despite significant limitations in re- sources, minority institutions provide an im- portant educational opportunity for minority students, particularly in science and engineer- ing fields. Aid to minority institutions is a good way to address the underrepresentation of minorities in science and technological fields. (4) There is a strong Federal interest in im- proving science and engineering programs at minority institutions as such programs lag be- hind in program offerings and in student en- rollment compared to such programs at other institutions of higher education. (Pub. L. 89–329, title III, § 350, as added Pub. L. 105–244, title III, § 307(a), Oct. 7, 1998, 112 Stat. 1647.) Editorial Notes PRIOR PROVISIONS A prior section 1067, Pub. L. 89–329, title III, § 352, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1304, and amended, which related to waiver au- thority and reporting requirement, was renumbered section 392 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068a of this title. Another prior section 1067, Pub. L. 89–329, title III, § 342, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1398, set waiver authority and reporting re- quirements for this part, prior to the general amend- ment of this subchapter by Pub. L. 99–498. Another prior section 1067, Pub. L. 89–329, title IV, § 407, Nov. 8, 1965, 79 Stat. 1234; Pub. L. 90–575, title I, §§ 101(b)(2), 103, 104, Oct. 16, 1968, 82 Stat. 1017, 1018, re- lated to agreements with institutions, required provi- sions and use of funds as additional Federal capital contribution for student loan fund, prior to the general amendment of part A of subchapter IV of this chapter by Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise pro- vided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. § 1067a. Purpose; authority (a) Congressional declaration of purpose It is the purpose of this subpart to continue the authority of the Department to operate the Minority Institutions Science Improvement Pro- gram created under section 1862(a)(1) of title 42 and transferred to the Department by section 3444(a)(1) of this title. (b) Grant authority The Secretary shall, in accordance with the provisions of this subpart, carry out a program