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20 U.S.C. § 1066b — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1061/2&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066b/b&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066b&num=0&edition=prelim).
(5) The term “capital project” means, subject to [section 1066c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066c/b&num=0&edition=prelim), 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 o
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Source file: Laws/federal/codes/united-states-code/title-20/section-1066b-definitions--1a2a106c14.md
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Source location: Title 20, Chapter 28, § 1066b; chapter-028-higher-education-resources-and-student-assistance.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1061/2&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066b/b&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066b&num=0&edition=prelim).
(5) The term “capital project” means, subject to [section 1066c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066c/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066d/1&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066f&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
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Federal law — U.S. Code and appendices · legal_authorities
In the performance of and with respect to the Secretary’s effectuation of his responsibilities under [section 1066d(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066d/1&num=0&edition=prelim) 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, accountants, advisors, construction contractors, and managers should be utilized.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 89–329, title III, § 346, formerly title VII, § 726, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 746; amended Pub. L. 103–208, § 2(j)(17), Dec. 20, 1993, 107 Stat. 2481; renumbered title III, § 346, Pub. L. 105–244, title III, § 301(a)(3), (4), Oct. 7, 1998, 112 Stat. 1636, prohibited institution receiving a loan under this part from receiving grant under former part A of subchapter VII of this chapter.
#### Codification
Section was formerly classified to [section 1132c–5 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1132c–5&num=0&edition=prelim) prior to renumbering by Pub. L. 105–244.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1998, except as otherwise provided 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1066f
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Federal law — U.S. Code and appendices · legal_authorities
In the performance of, and with respect to, the functions vested in the Secretary by this part, the Secretary—
(1) shall, within 120 days of August 14, 2008, publish in the Federal Register a notice and request for proposals for any private for-profit organization or entity wishing to serve as the designated bonding authority under this part, which notice shall—
(A) specify the time and manner for submission of proposals; and
(B) 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;
(2) shall ensure that—
(A) the selection process for the designated bonding authority is conducted on a competitive basis; and
(B) the evaluation and selection process is transparent;
(3) shall—
(A) review the performance of the designated bonding authority after the third year of the insurance agreement; and
(B) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066f&num=0&edition=prelim);
(4) shall require that the first loans for capital projects authorized under [section 1066b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1066b&num=0&edition=prelim) be made no later than March 31, 1994;
(5) 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 shal
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant program authorized**
(1) **In general** — Subject to the availability of funds appropriated to carry out this section, the Secretary shall award program grants to each of the institutions listed in subsection (b)(1) that is determined by the Secretary to be making a substantial contribution to graduate education opportunities at the masters level in mathematics, engineering, the physical or natural sciences, computer science, information technology, nursing, allied health, or other scientific disciplines for Black Americans.
(2) **Assurance of non-Federal matching funds** — No grant in excess of $1,000,000 may be made under this section unless the institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible institution under the funding rules described in subsection (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an institution to comply with the matching requirements of this paragraph) among the institutions that have complied with such matching requirement.
(3) **Minimum award** — Subject to subsections (f) and (g), the amount awarded to each eligible institution listed in subsection (b)(1) for a fiscal year shall be not less than $500,000.
(4) **Duration of grants** — A grant awarded under this section shall be for a period of not more than six years, but may be periodically renewed for a period to be determined by the Secretary.
**(b) Institutional eligibility**
(1) **In general** — Institutions eligible
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Federal law — U.S. Code and appendices · legal_authorities
Page 305
TITLE 20—EDUCATION
§ 1066b
1 See References in Text note below.
(H) any real property or interest therein
underlying facilities described in subpara-
graph (A) or (G).
(6) The term ‘‘interest’’ includes accredited
value or any other payment constituting in-
terest 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 obliga-
tions 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 se-
lected 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.
(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.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 1132c–1 of
this title prior to renumbering by Pub. L. 105–244.
PRIOR PROVISIONS
A prior section 342 of Pub. L. 89–329 was classified to
section 1067 of this title prior to the general amend-
ment of this subchapter by Pub. L. 99–498.
AMENDMENTS
2008—Par. (5). Pub. L. 110–315, § 320(1)(A), inserted a
comma after
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 1066b
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