24 Pa. Stat. § 5101. See Pennsylvania Higher Educ. Assistance Agency v. Xed, 72 Pa. Cmwlth. 412, 412 (1983) ("PHEAA is a statutorily created instrumentality that guarantees educational loans made to persons pursuing higher education.") (citing Act of August 7, 1963, P.L. 549, as amended, 24 P.S. §§ 5101 et seq.); Greenfield v. Pennsylvania Ins. Guar. Ass'n, 24 Pa. Cmwlth. 127, 130-31 (1976) (reaffirming prior holding that PHEAA "was an agency of the Commonwealth" on the basis of certain indicia: that PHEAA was by statute "denominated a government instrumentality; that the members of the board of directors are appointed by the Governor, the President Pro Tempore of the Senate or Speaker of the House; that on dissolution its assets become the property of the State; and that at least part of its operating expenses is provided by a yearly appropriation by the General Assembly . . ."); Richmond v. Pennsylvania Higher Ed. Assistance Agency, 6 Pa. Cmwlth. 612, 614, (1972) (holding that PHEAA is an agency of the Commonwealth government); see also U.S. ex rel. Oberg v. Pennsylvania Higher Educ. Assi

Here, PHEAA plainly qualifies as a governmental unit. PHEAA is a statutorily-created "governmental instrumentality" tasked by the Commonwealth of Pennsylvania with improving higher educational opportunities, in part, by guaranteeing student loans. 24 Pa. Stat. §§ 5101-5102; Penn. Higher Educ. Assistance Agency v. Xed, 456 A.2d 725, 725 (Pa. 1983) ("PHEAA is a statutorily created instrumentality that guarantees educational loans made to persons pursuing higher education."). The originating statute for the PHEAA refers to it as both an instrumentality and an agency.