Title 20, EducationRelease 119-102

§1138b Administrative Provisions

Title 20 › CHAPTER 28 — HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE › SUBCHAPTER VII — GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS › Part B — Fund for the Improvement of Postsecondary Education › § 1138b

Last updated Aug 21, 2026|Official source

Summary

The Secretary can hire up to seven technical employees to run this part for terms of up to 3 years and may appoint and pay them without following the usual Title 5 competitive hiring rules or the job-classification and General Schedule pay rules in chapter 51 and subchapter III of chapter 53.

Full Legal Text

Title 20, §1138b

Education, Source: USLM XML via OLRC

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

Notes & Related Subsidiaries

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, July 23, 1992, 106 Stat. 789, related to use of funds, prior to repeal by Pub. L. 105–244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. Another prior section 1138b, Pub. L. 89–329, title XI, § 1123, as added Pub. L. 99–498, title XI, § 1101, Oct. 17, 1986, 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.”

Reference

Citations & Metadata

Citation

20 U.S.C. § 1138b

Title 20, Education

Last Updated

Aug 21, 2026

Release point: 119-102