Opinion for the Court filed by Chief Judge MIKVA.
Opinion concurring in part and dissenting in part filed by Circuit Judge GINSBURG.
MIKVA, Chief Judge:
Pursuant to the 1987 amendments to the Higher Education Act of 1965, the Department of Education ("DOE" or "Department") recovered $4.397 million in excess cash reserves from the Puerto Rico Higher Education Assistance Corporation ("PRHEAC"). Pub.L. No. 100-203, 101 Stat. 1330 (codified at 20 U.S.C...
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