20 U.S.C. § 4359a — International students

Page 1235 TITLE 20—EDUCATION § 4359a II, § 209, Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151; amended Pub. L. 103–73, title II, § 204(g), Aug. 11, 1993, 107 Stat. 735; renumbered § 208 and amended Pub. L. 105–244, title IX, § 921, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, § 910, Aug. 14, 2008, 122 Stat. 3453.) Editorial Notes PRIOR PROVISIONS A prior section 208 of Pub. L. 99–371 was classified to section 4358 of this title, prior to repeal by Pub. L. 105–244. Another prior section 208 of Pub. L. 99–371 was classi- fied to section 4358 of this title, prior to repeal by Pub. L. 102–421. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315 substituted ‘‘Com- mittee on Education and Labor of the House of Rep- resentatives and the Committee on Health, Education, Labor, and Pensions of the Senate’’ for ‘‘Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives’’. 1998—Subsec. (a). Pub. L. 105–244, § 921(1), substituted ‘‘Committee on Education and the Workforce’’ for ‘‘Committee on Education and Labor’’. 1993—Subsec. (a). Pub. L. 103–73, § 204(g)(1), sub- stituted ‘‘an agreement under part B of subchapter I’’ for ‘‘an agreement under title II’’. Subsec. (b). Pub. L. 103–73, § 204(g)(2), struck out ‘‘the provisions of’’ after ‘‘inconsistent with’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. § 4359a. International students (a) Enrollment (1) In general Except as provided in paragraph (2), effective with new admissions for academic year 1993–1994 and each succeeding academic year, the University (including undergraduate and graduate students) and NTID shall limit the enrollment of international students to ap- proximately 15 percent of the total postsec- ondary student population enrolled respec- tively at the University or NTID, except that in any school year no United States citizen who is qualified to be admitted to the Univer- sity or NTID and applies for admission to the University or NTID shall be denied admission because of the admission of an international student. (2) Distance learning International students who participate in distance learning courses that are at the Uni- versity or the NTID, who are residing outside of the United States, and are not enrolled in a degree program at the University or the NTID shall— (A) not be counted as international stu- dents for purposes of the cap on inter- national students under paragraph (1), ex- cept that in any school year no United States citizen who applies to participate in distance learning courses that are at the University or NTID shall be denied partici- pation in such courses because of the par- ticipation of an international student in such courses; and (B) not be charged a tuition surcharge, as described in subsection (b). (b) Tuition surcharge Except as provided in subsections (a)(2)(B) and (c), the tuition for postsecondary international students enrolled in the University (including undergraduate and graduate students) or NTID shall include, for academic year 2009–2010 and any succeeding academic year, a surcharge of— (1) 100 percent for a postsecondary inter- national student from a non-developing coun- try; and (2) 50 percent for a postsecondary inter- national student from a developing country, or a country that was a developing country for any academic year during the student’s period of uninterrupted enrollment in a degree pro- gram at the University or NTID, except that such a surcharge shall not be adjusted retro- actively. (c) Reduction of surcharge (1) In general Beginning with the academic year 2009–2010, the University or NTID may reduce the sur- charge— (A) under subsection (b)(1) from 100 per- cent to not less than 50 percent if— (i) a student described under subsection (b)(1) demonstrates need; and (ii) such student has made a good-faith effort to secure aid through such student’s government or other sources; and (B) under subsection (b)(2) from 50 percent to not less than 25 percent if— (i) a student described under subsection (b)(2) demonstrates need; and (ii) such student has made a good faith effort to secure aid through such student’s government or other sources. (2) Development of sliding scale The University and NTID shall develop a sliding scale model that— (A) will be used to determine the amount of a tuition surcharge reduction pursuant to paragraph (1); and (B) shall be approved by the Secretary. (d) Definition In this section, the term ‘‘developing country’’ means a country with a per-capita income of not more than $5,345, measured in 2005 United States dollars, as adjusted by the Secretary to reflect inflation since 2005. (Pub. L. 99–371, title II, § 209, formerly § 210, as added Pub. L. 102–421, title I, § 139, Oct. 16, 1992, 106 Stat. 2163; amended Pub. L. 103–73, title II, Page 1236 TITLE 20—EDUCATION § 4359b § 204(h), Aug. 11, 1993, 107 Stat. 735; renumbered § 209 and amended Pub. L. 105–244, title IX, § 922, Oct. 7, 1998, 112 Stat. 1832; Pub. L. 110–315, title IX, § 911, Aug. 14, 2008, 122 Stat. 3454.) Editorial Notes PRIOR PROVISIONS A prior section 209 of Pub. L. 99–371 was renumbered section 208 and is classified to section 4359 of this title. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315, § 911(1), designated existing provisions as par. (1), inserted heading, sub- stituted ‘‘Except as provided in paragraph (2), effective with’’ for ‘‘Effective with’’ and ‘‘undergraduate’’ for ‘‘preparatory, undergraduate,’’, and added par. (2). Subsecs. (b) to (d). Pub. L. 110–315, § 911(2), added sub- secs. (b) to (d) and struck out former subsecs. (b) to (d), which related to tuition surcharge, reduction of sur- charge, and definition of ‘‘developing country’’, respec- tively. 1998—Subsec. (a). Pub. L. 105–244, § 922(a)(1), sub- stituted ‘‘15 percent’’ for ‘‘10 percent’’ and inserted be- fore period ‘‘, except that in any school year no United States citizen who is qualified to be admitted to the University or NTID and applies for admission to the University or NTID shall be denied admission because of the admission of an international student’’. Subsec. (b). Pub. L. 105–244, § 922(a)(2), substituted ‘‘surcharge of 100 percent for the academic year 1999–2000 and any succeeding academic year’’ for ‘‘sur- charge of 75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995’’. 1993—Subsec. (b). Pub. L. 103–73, § 204(h)(1), sub- stituted ‘‘75 percent for the academic year 1993–1994 and 90 percent beginning with the academic year 1994–1995’’ for ‘‘75 percent beginning the academic year 1993–1994, and 90 percent beginning the academic year 1994–1995’’. Subsec. (c). Pub. L. 103–73, § 204(h)(2), substituted ‘‘Be- ginning with the academic year 1993–1994’’ for ‘‘Begin- ning the academic year 1993–1994 and thereafter’’ in in- troductory provisions and redesignated subpars. (A) to (C) as pars. (1) to (3), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE Section effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as an Effective Date of 1992 Amend- ment note under section 4301 of this title. § 4359b. Research priorities (a) Research priorities Gallaudet University and the National Tech- nical Institute for the Deaf shall each establish and disseminate priorities for their national mission with respect to deafness related re- search, development, and demonstration activi- ties, that reflect public input, through a process that includes consumers, constituent groups, and the heads of other federally funded pro- grams. The priorities for the University shall in- clude activities conducted as part of the Univer- sity’s elementary and secondary education pro- grams under section 4304 of this title. (b) Research reports The University and NTID shall each prepare and submit an annual research report, to the Secretary, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than January 10 of each year, that shall include— (1) a summary of the public input received as part of the establishment and dissemination of priorities required by subsection (a), and the University’s and NTID’s response to the input; and (2) a summary description of the research undertaken by the University and NTID, the start and projected end dates for each research project, the projected cost and source or sources of funding for each project, and any products resulting from research completed in the prior fiscal year. (Pub. L. 99–371, title II, § 210, as added Pub. L. 105–244, title IX, § 923, Oct. 7, 1998, 112 Stat. 1832; amended Pub. L. 110–315, title IX, § 912, Aug. 14, 2008, 122 Stat. 3455.) Editorial Notes PRIOR PROVISIONS A prior section 210 of Pub. L. 99–371 was renumbered section 209 and is classified to section 4359a of this title. Another prior section 210 of title II of Pub. L. 99–371, formerly title IV, § 410, Aug. 4, 1986, 100 Stat. 794; re- numbered title II, § 210, Pub. L. 102–241, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, repealed sec- tions 681 to 685, 691 to 691g, 693 to 693b, and 695 to 695c of this title and provisions set out as notes under sec- tions 681 and 693 of this title, prior to repeal by Pub. L. 102–421, title I, § 139, Oct. 16, 1992, 106 Stat. 2163. AMENDMENTS 2008—Subsec. (b). Pub. L. 110–315 substituted ‘‘Com- mittee on Education and Labor of the House of Rep- resentatives, and the Committee on Health, Education, Labor, and Pensions of the Senate’’ for ‘‘Committee on Education and the Workforce of the House of Rep- resentatives, and the Committee on Labor and Human Resources of the Senate’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE Section effective Oct. 1, 1998, except as otherwise pro- vided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. § 4360. National study on the education of the deaf (a) Conduct of study (1) In general The Secretary shall establish a commission on the education of the deaf (in this section referred to as the ‘‘commission’’) to conduct a national study on the education of the deaf, to identify education-related barriers to success- ful postsecondary education experiences and employment for individuals who are deaf, and those education-related factors that con-