Page:United States Statutes at Large Volume 113 Part 1.djvu/900

 113 STAT. 876 PUBLIC LAW 106-65—OCT. 5, 1999 "(c) NOTICE OF PROPOSED ACCEPTANCE. —The Secretsiry of the Air Force may not accept a quaUfied guarantee under this section for the completion of a major project until after the expiration of 30 days following the date upon which a report of the facts concerning the proposed guarantee is submitted to Congress. " (d) PROHIBITION ON COMMINGLING OF FUNDS.— 'f iie Secretary of the Air Force may not enter into smy contract or other transaction involving the use of a qualified guarantee and appropriated funds in the same contract or transaction. "(e) DEFINITIONS.— In this section: "(1) MAJOR PROJECT.— The term 'major project' means a project for the purchase or other procurement of real or personal property, or for the construction, renovation, or repair of real or personal property, the total cost of which is, or is estimated to be, at least $1,000,000. "(2) QUALIFIED GUARANTEE.—The term 'qualified guarantee', with respect to a major project, means a guarantee that— "(A) is made by one or more persons in connection with a donation, specifically for the project, of a total amount in cash or securities that, as determined by the Secretary of the Air Force, is sufficient to defray a substantial portion of the total cost of the project; "(B) is made to facilitate or expedite the completion of the project in reasonable anticipation that other donors will contribute sufficient funds or other resources in amounts sufficient to pay for completion of the project; "(C) is set forth as a written agreement that provides for the donor to furnish in cash or securities, in addition to the donor's other gift or gifts for the project, any additional amount that may become necessary for paying the cost of completing the project by reason of a failure to obtain from other donors or sources funds or other resources in amounts sufficient to pay the cost of completing the project; and "(D) is accompanied by— "(i) an irrevocable and unconditional standby letter of credit for the benefit of the Academy that is in the amount of the guarantee and is issued by a major United States commercial bank; or "(ii) a qualified account control agreement. "(3) QUALIFIED ACCOUNT CONTROL AGREEMENT.— The term 'qualified account control agreement', with respect to a guarantee of a donor, means an agreement among the donor, the Secretary of the Air Force, and a major United States investment management firm that— "(A) ensures the availability of sufficient funds or other financial resources to pay the amount guaranteed during the period of the guarantee; "(B) provides for the perfection of a security interest in the assets of the account for the United States for the benefit of the Academy with the highest priority available for liens and security interests under applicable law; "(C) requires the donor to maintain in an account with the investment management firm assets having a total value that is not less than 130 percent of the amount guaranteed; and

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