; and (B) that has an athletic program, and an annual operating revenue for athletic programs that is less than $20,000,000. (3) Endowment fund The term endowment fund has the meaning given the term in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ). (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101 or 102(a)(1)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1001 , 1002(a)(1)(B)).