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20 U.S.C. § 1066a — Definitions

submitted 34 years ago by Pub. L. 89-329 to r/title-20-EDUCATION · 542 words · no verdicts yet

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This section defines terms for a Federal loan and bond program for eligible institutions and their capital projects. “Capital project” covers specified facilities, equipment, infrastructure, and related property, subject to stated limits.

(1) “Eligible institution” means a “part B institution” as defined in section 1061(2). This section does not define “part B institution.” (2) “Loan” means a loan made to an eligible institution under this part and under an agreement with the Secretary. (3) “Qualified bond” means an obligation issued by the designated bonding authority at the Secretary’s direction, whose net proceeds are loaned to an eligible institution for section 1066b(b) purposes. (4) “Funding” means a payment under this part from the Secretary to an eligible institution or its assignee to fulfill the Secretary’s insurance obligations under an agreement under section 1066b.

(5) Subject to section 1066c(b), “capital project” means repairing, renovating, or, in exceptional circumstances, constructing or acquiring: (A) classrooms, libraries, laboratories, dormitories including dining facilities, and other customary college or university facilities for instruction, research, or housing students, faculty, and staff; (B) an educational-program administration facility, student center, or student union, but no more than 5 percent of loan proceeds may be used for one owned, leased, managed, or operated by a private business that pays the institution in return for use; (C) instructional equipment, technology, research instruments, and capital equipment or fixtures related to (A); (D) maintenance, storage, or utility facilities essential to operating a facility, library, dormitory, equipment, instrument, fixture, real property, or interest in property described here; (E) a facility primarily for outpatient student or faculty health care; (F) essential roads, sewer and drainage systems, water, power, lighting, telecommunications, and other utilities; (G) another facility, equipment item, or fixture essential to maintaining the institution’s accreditation by an agency or association recognized by the Secretary under the cited subpart; and (H) real property or an interest in it underlying facilities described in (A) or (G).

(6) “Interest” includes accredited value or another payment that constitutes interest on an obligation. (7) For bonds, “outstanding” does not include bonds whose payment is provided for by an irrevocable trust deposit of obligations maturing in principal and interest amounts and at times that ensure enough money to pay the bonds. (8) “Designated bonding authority” means the private, for-profit corporation the Secretary selects under section 1066d(1) to issue taxable capital-project construction bonds for this part. (9) “Advisory Board” means the Board established by section 1066f.

the actual law source: uscode.house.gov ↗public domain

For the purposes of this part:

(1)

The term “eligible institution” means a “part B institution” as that term is defined in section 1061(2) of this title.

(2)

The term “loan” means a loan made to an eligible institution under the provisions of this part and pursuant to an agreement with the Secretary.

(3)

The term “qualified bond” means any obligation issued by the designated bonding authority at the direction of the Secretary, the net proceeds of which are loaned to an eligible institution for the purposes described in section 1066b(b) of this title.

(4)

The term “funding” means any payment under this part from the Secretary to the eligible institution or its assignee in fulfillment of the insurance obligations of the Secretary pursuant to an agreement under section 1066b of this title.

(5)

The term “capital project” means, subject to section 1066c(b) of this title, the repair, renovation, or, in exceptional circumstances, the construction or acquisition, of—

(A)

any classroom facility, library, laboratory facility, dormitory (including dining facilities) or other facility customarily used by colleges and universities for instructional or research purposes or for housing students, faculty, and staff;

(B)

a facility for the administration of an educational program, or a student center or student union, except that not more than 5 percent of the loan proceeds provided under this part may be used for the facility, center or union if the facility, center or union is owned, leased, managed, or operated by a private business, that, in return for such use, makes a payment to the eligible institution;

(C)

instructional equipment, technology, research instrumentation, and any capital equipment or fixture related to facilities described in subparagraph (A);

(D)

a maintenance, storage, or utility facility that is essential to the operation of a facility, a library, a dormitory, equipment, instrumentation, a fixture, real property or an interest therein, described in this paragraph;

(E)

a facility designed to provide primarily outpatient health care for students or faculty;

(F)

physical infrastructure essential to support the projects authorized under this paragraph, including roads, sewer and drainage systems, and water, power, lighting, telecommunications, and other utilities;

(G)

any other facility, equipment or fixture which is essential to the maintaining of accreditation of the member institution by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of subchapter IV; and

(H)

any real property or interest therein underlying facilities described in subparagraph (A) or (G).

(6)

The term “interest” includes accredited value or any other payment constituting interest on an obligation.

(7)

The term “outstanding”, when used with respect to bonds, shall not include bonds the payment of which shall have been provided for by the irrevocable deposit in trust of obligations maturing as to principal and interest in such amounts and at such times as will ensure the availability of sufficient moneys to make payments on such bonds.

(8)

The term “designated bonding authority” means the private, for-profit corporation selected by the Secretary pursuant to section 1066d(1) of this title for the purpose of issuing taxable capital project construction bonds in furtherance of the purposes of this part.

(9)

The term “Advisory Board” means the Advisory Board established by section 1066f of this title.

Source credit: (Pub. L. 89–329, title III, § 342, formerly title VII, § 722, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 742; renumbered title III, § 342, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), (c)(4), 306(a), Oct. 7, 1998, 112 Stat. 1636, 1637, 1646; Pub. L. 110–315, title III, §§ 314(a), 320(1), Aug. 14, 2008, 122 Stat. 3180, 3187.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 89-329 · 106 Stat. 742
  • 1998Amended · Pub. L. 105-244 · 112 Stat. 1636, 1637, 1646
  • 2008Amended · Pub. L. 110-315 · 122 Stat. 3180, 3187

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-329 on 1992-07-23.

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