Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 20 — Education

Part D · Chapter 28 — Higher Education Resources and Student Assistance

§ 1066a. Definitions

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Higher Education Act of 1965

    Pub. L. 89–329 title III § 342 · 79 Stat. 1219

    Enacted · 20 U.S.C. § 1066a

    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

    Source evidence

    Code 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

  2. Higher Education Amendments of 1998

    Pub. L. 105–244 § 301(c)(4)(A) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1066a(3)

    Pub. L. 105–244, § 301(c)(4)(A), substituted “section 1066b(b)” for “section 1132c–2(b)”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 105–244, § 301(c)(4)(A), substituted “section 1066b(b)” for “section 1132c–2(b)”.

    Enacted provision · exact public law section
    (A) in paragraph (3), by striking “723(b)” and inserting “343(b)”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  3. Higher Education Amendments of 1998

    Pub. L. 105–244 § 301(c)(4)(B) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1066a(4)

    Pub. L. 105–244, § 301(c)(4)(B), substituted “section 1066b” for “section 1132c–2”

    Source evidence

    Code amendment note
    Par. (4). Pub. L. 105–244, § 301(c)(4)(B), substituted “section 1066b” for “section 1132c–2”.

    Enacted provision · exact public law section
    (B) in paragraph (4), by striking “723” and inserting “343”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  4. Higher Education Amendments of 1998

    Pub. L. 105–244 § 301(c)(4)(C) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1066a(5)

    Pub. L. 105–244, § 301(c)(4)(C), substituted “section 1066c(b)” for “section 1132c–3(b)” in introductory provisions

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 105–244, § 301(c)(4)(C), substituted “section 1066c(b)” for “section 1132c–3(b)” in introductory provisions.

    Enacted provision · exact public law section
    (C) in the matter preceding subparagraph (A) of paragraph (5), by striking “724(b)” and inserting “344(b)”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  5. Higher Education Amendments of 1998

    Pub. L. 105–244 § 306(a)(2) · 112 Stat. 1581

    Redesignated · 20 U.S.C. § 1066a(5)(B)

    Pub. L. 105–244, § 306(a)(2), added subpar. (B). Former subpar. (B) redesignated (C)

    Source evidence

    Code amendment note
    Par. (5)(B). Pub. L. 105–244, § 306(a)(2), added subpar. (B). Former subpar. (B) redesignated (C).

    Enacted provision · exact public law section
    (2) by inserting after subparagraph (A) the following: “(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;”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  6. Higher Education Amendments of 1998

    Pub. L. 105–244 § 306(a)(1) · 112 Stat. 1581

    1. Redesignated · 20 U.S.C. § 1066a(5)(C)

      Pub. L. 105–244, § 306(a)(1), (3), redesignated subpar. (B) as (C)

    2. Redesignated · 20 U.S.C. § 1066a(5)(C)

      Pub. L. 105–244, § 306(a)(1), (3), inserted “technology,” after “instructional equipment”. Former subpar. (C) redesignated (G)

    Source evidence

    Code amendment note
    Par. (5)(C). Pub. L. 105–244, § 306(a)(1), (3), redesignated subpar. (B) as (C) and inserted “technology,” after “instructional equipment”. Former subpar. (C) redesignated (G).

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (G), and (H), respectively;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  7. Higher Education Amendments of 1998

    Pub. L. 105–244 § 306(a)(4) · 112 Stat. 1581

    Redesignated · 20 U.S.C. § 1066a(5)(D)(F)

    Pub. L. 105–244, § 306(a)(4), added subpars. (D) to (F). Former subpar. (D) redesignated (H)

    Source evidence

    Code amendment note
    Par. (5)(D) to (F). Pub. L. 105–244, § 306(a)(4), added subpars. (D) to (F). Former subpar. (D) redesignated (H).

    Enacted provision · exact public law section
    (4) by inserting after subparagraph (C) (as redesignated by paragraph (1)) the following: “(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;”; and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  8. Higher Education Amendments of 1998

    Pub. L. 105–244 § 306(a)(1) · 112 Stat. 1581

    Redesignated · 20 U.S.C. § 1066a(5)(G)

    Pub. L. 105–244, § 306(a)(1), redesignated subpar. (C) as (G)

    Source evidence

    Code amendment note
    Par. (5)(G). Pub. L. 105–244, § 306(a)(1), redesignated subpar. (C) as (G).

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (G), and (H), respectively;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  9. Higher Education Amendments of 1998

    Pub. L. 105–244 § 306(a)(1) · 112 Stat. 1581

    1. Redesignated · 20 U.S.C. § 1066a(5)(H)

      Pub. L. 105–244, § 306(a)(1), (5), redesignated subpar. (D) as (H)

    2. Substituted · 20 U.S.C. § 1066a(5)(H)

      Pub. L. 105–244, § 306(a)(1), (5), substituted “(G)” for “(C)”

    Source evidence

    Code amendment note
    Par. (5)(H). Pub. L. 105–244, § 306(a)(1), (5), redesignated subpar. (D) as (H) and substituted “(G)” for “(C)”.

    Enacted provision · exact public law section
    (1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (G), and (H), respectively;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  10. Higher Education Amendments of 1998

    Pub. L. 105–244 § 301(c)(4)(D) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1066a(8)

    Pub. L. 105–244, § 301(c)(4)(D), substituted “section 1066d(1)” for “section 1132c–4(1)”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 105–244, § 301(c)(4)(D), substituted “section 1066d(1)” for “section 1132c–4(1)”.

    Enacted provision · exact public law section
    (D) in paragraph (8), by striking “725(1)” and inserting “345(1)”; and

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  11. Higher Education Amendments of 1998

    Pub. L. 105–244 § 301(c)(4)(E) · 112 Stat. 1581

    Substituted · 20 U.S.C. § 1066a(9)

    Pub. L. 105–244, § 301(c)(4)(E), substituted “section 1066f” for “section 1132c–6”

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 105–244, § 301(c)(4)(E), substituted “section 1066f” for “section 1132c–6”.

    Enacted provision · exact public law section
    (E) in paragraph (9), by striking “727” and inserting “347”;

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  12. Higher Education Opportunity Act

    Pub. L. 110–315 § 320(1)(A) · 122 Stat. 3078

    Inserted · 20 U.S.C. § 1066a(5)

    Pub. L. 110–315, § 320(1)(A), inserted a comma after “1066c(b) of this title” in introductory provisions

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 110–315, § 320(1)(A), inserted a comma after “1066c(b) of this title” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding subparagraph (A), by inserting a comma after “344(b)”; and

  13. Higher Education Opportunity Act

    Pub. L. 110–315 § 320(1)(B) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1066a(5)(C)

    Pub. L. 110–315, § 320(1)(B), substituted “equipment, technology,” for “equipment technology,,”

    Source evidence

    Code amendment note
    Par. (5)(C). Pub. L. 110–315, § 320(1)(B), substituted “equipment, technology,” for “equipment technology,,”.

    Enacted provision · exact public law section
    (B) in subparagraph (C), by striking “equipment technology,,” and inserting “equipment, technology,”;

  14. Higher Education Opportunity Act

    Pub. L. 110–315 § 314(a)(1) · 122 Stat. 3078

    Substituted · 20 U.S.C. § 1066a(5)(G)

    Pub. L. 110–315, § 314(a)(1), substituted “by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of subchapter IV” for “by a nationally recognized accrediting agency or association”

    Source evidence

    Code amendment note
    Par. (5)(G). Pub. L. 110–315, § 314(a)(1), substituted “by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of subchapter IV” for “by a nationally recognized accrediting agency or association”.

    Enacted provision · exact public law section
    (1) in paragraph (5)(G), by striking “by a nationally recognized accrediting agency or association” and inserting “by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of title IV”; and

  15. Higher Education Opportunity Act

    Pub. L. 110–315 § 314(a)(2) · 122 Stat. 3078

    Inserted · 20 U.S.C. § 1066a(8)

    Pub. L. 110–315, § 314(a)(2), inserted “capital project” after “issuing taxable”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 110–315, § 314(a)(2), inserted “capital project” after “issuing taxable”.

    Enacted provision · exact public law section
    (2) in paragraph (8), by inserting “capital project” after “issuing taxable”.

16 of 17 references resolved to an enrolled provision · 1 partial

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 amendment of this subchapter by Pub. L. 99–498.

Amendments1998–2008 · 2 rounds

2008

Par. (5). Pub. L. 110–315, § 320(1)(A), inserted a comma after “1066c(b) of this title” in introductory provisions.

Par. (5)(C). Pub. L. 110–315, § 320(1)(B), substituted “equipment, technology,” for “equipment technology,,”.

Par. (5)(G). Pub. L. 110–315, § 314(a)(1), substituted “by an accrediting agency or association recognized by the Secretary under subpart 2 of part H of subchapter IV” for “by a nationally recognized accrediting agency or association”.

Par. (8). Pub. L. 110–315, § 314(a)(2), inserted “capital project” after “issuing taxable”.

1998

Par. (3). Pub. L. 105–244, § 301(c)(4)(A), substituted “section 1066b(b)” for “section 1132c–2(b)”.

Par. (4). Pub. L. 105–244, § 301(c)(4)(B), substituted “section 1066b” for “section 1132c–2”.

Par. (5). Pub. L. 105–244, § 301(c)(4)(C), substituted “section 1066c(b)” for “section 1132c–3(b)” in introductory provisions.

Par. (5)(B). Pub. L. 105–244, § 306(a)(2), added subpar. (B). Former subpar. (B) redesignated (C).

Par. (5)(C). Pub. L. 105–244, § 306(a)(1), (3), redesignated subpar. (B) as (C) and inserted “technology,” after “instructional equipment”. Former subpar. (C) redesignated (G).

Par. (5)(D) to (F). Pub. L. 105–244, § 306(a)(4), added subpars. (D) to (F). Former subpar. (D) redesignated (H).

Par. (5)(G). Pub. L. 105–244, § 306(a)(1), redesignated subpar. (C) as (G).

Par. (5)(H). Pub. L. 105–244, § 306(a)(1), (5), redesignated subpar. (D) as (H) and substituted “(G)” for “(C)”.

Par. (8). Pub. L. 105–244, § 301(c)(4)(D), substituted “section 1066d(1)” for “section 1132c–4(1)”.

Par. (9). Pub. L. 105–244, § 301(c)(4)(E), substituted “section 1066f” for “section 1132c–6”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Credits

1992–2008 · 3 acts
  1. 1992Pub. L. 89–329, title III, § 342, formerly title VII, § 722, as added Pub. L. 102–325, title VII, § 704, , 106 Stat. 742
  2. 1998renumbered title III, § 342, and amended Pub. L. 105–244, title III, §§ 301(a)(3), (4), (c)(4), 306(a), , 112 Stat. 1636, 1637, 1646
  3. 2008Pub. L. 110–315, title III, §§ 314(a), 320(1), , 122 Stat. 3180, 3187.
Show as published

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

Parsed from the official OLRC USLM XML in data/usc_all/usc20.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t20/s1066a