Sec. 304. Definition of public institution of higher education
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/bill/116/hr/3512/ih/section-304·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 103 ( 20 U.S.C. 1003 ), as amended by section 4, is further amended— by inserting after paragraph
(14)the following: The term public , when used with respect to an institution of higher education, means an institution of higher education— operated by— the Federal Government; a State, as defined in section 3306(j)(1) of the Internal Revenue Code of 1986; a local government, as defined in section 1393(a)(5) of such Code; or an Indian tribal government, as defined in section 7701(a)(40) of such Code; for which all obligations of the institution are valid and binding obligations of the State, local government, or Indian tribal government; and for which the full faith and credit of such State, local government, or Indian tribal government is pledged for the timely payment of such obligations; or that is an instrumentality of a State or local government (as such terms are defined in subparagraph (A)). An institution shall be considered an instrumentality of a State or local government for purposes of this paragraph if the institution meets all of the following requirements: The employees of the institution are employees of the State or local government. Any liability of the institution is payable to the same degree as if the liability was a liability of the State or local government, in the State or local government jurisdiction where the institution is formed. The institution is subject to the same financial oversight and open public records laws as the State or local government, in the State or local government jurisdiction where the institution is formed. .
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Sec. 304
Definition of public institution of higher education
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