Federal · Title 20 — Education

20 U.S.C. § 1066d: Authority of Secretary

Civil

What this law says, in plain English

This statute grants the Secretary administrative and procedural powers regarding bonding authority selection, loan administration, property foreclosure, and technical assistance—defining regulatory authority rather than criminal offense.

Read the full statutory text
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; the selection process for the designated bonding authority is conducted on a competitive basis; and the evaluation and selection process is transparent; 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 March 31, 1994 ; 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 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 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.

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