20 U.S.C. § 1002 — Definition of institution of higher edu-

Page 198 TITLE 20—EDUCATION § 1002 (c) align the incentives of institutions with those of students and taxpayers to ensure that institutions share the financial risk associated with Federal stu- dent loan programs; (d) help borrowers avoid defaulting on their Federal student loans by educating them about risks, repay- ment obligations, and repayment options; and (e) supplement efforts by States and institutions by disseminating information to assist students in com- pleting their degrees faster and at lower cost. SEC. 3. Improving Free Inquiry on Campus. (a) To ad- vance the policy described in subsection 2(a) of this order, the heads of covered agencies shall, in coordina- tion with the Director of the Office of Management and Budget, take appropriate steps, in a manner consistent with applicable law, including the First Amendment, to ensure institutions that receive Federal research or education grants promote free inquiry, including through compliance with all applicable Federal laws, regulations, and policies. (b) ‘‘Covered agencies’’ for purposes of this section are the Departments of Defense, the Interior, Agri- culture, Commerce, Labor, Health and Human Services, Transportation, Energy, and Education; the Environ- mental Protection Agency; the National Science Foun- dation; and the National Aeronautics and Space Ad- ministration. (c) ‘‘Federal research or education grants’’ for pur- poses of this section include all funding provided by a covered agency directly to an institution but do not in- clude funding associated with Federal student aid pro- grams that cover tuition, fees, or stipends. SEC. 4. Improving Transparency and Accountability on Campus. (a) To advance the policy described in sub- sections 2(b)–(e) of this order, the Secretary of Edu- cation (Secretary) shall, to the extent consistent with applicable law: (i) make available, by January 1, 2020, through the Office of Federal Student Aid, a secure and confidential website and mobile application that informs Federal student loan borrowers of how much they owe, how much their monthly payment will be when they enter repayment, available repayment options, how long each repayment option will take, and how to enroll in the repayment option that best serves their needs; (ii) expand and update annually the College Score- card, or any successor, with the following program- level data for each certificate, degree, graduate, and professional program, for former students who received Federal student aid: (A) estimated median earnings; (B) median Stafford loan debt; (C) median Graduate PLUS loan debt (if applica- ble); (D) median Parent PLUS loan debt; and (E) student loan default rate and repayment rate; and (iii) expand and update annually the College Score- card, or any successor, with the following institution- level data, providing the aggregate for all certificate, degree, graduate, and professional programs, for former students who received Federal student aid: (A) student loan default rate and repayment rate; (B) Graduate PLUS default rate and repayment rate; and (C) Parent PLUS default rate and repayment rate. (b) For the purpose of implementing subsection (a)(ii) of this section, the Secretary of the Treasury shall, upon the request of the Secretary, provide in a timely manner appropriate statistical studies and compila- tions regarding program-level earnings, consistent with section 6108(b) of title 26, United States Code, other ap- plicable laws, and available data regarding programs attended by former students who received Federal stu- dent aid. SEC. 5. Reporting Requirements. (a) By January 1, 2020, the Secretary, in consultation with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the Chairman of the Council of Eco- nomic Advisers, shall submit to the President, through the Assistant to the President for Domestic Policy and the Assistant to the President for Economic Policy, a report identifying and analyzing policy options for sharing the risk associated with Federal student loan debt among the Federal Government, institutions, and other entities. (b) By January 1, 2020, the Secretary, in consultation with the Secretary of the Treasury, shall submit to the President, through the Assistant to the President for Domestic Policy and the Assistant to the President for Economic Policy, policy recommendations for reform- ing the collections process for Federal student loans in default. (c) Beginning July 1, 2019, the Secretary shall provide an annual update on the Secretary’s progress in imple- menting the policies set forth in subsections 2(b)–(e) of this order to the National Council for the American Worker at meetings of the Council. (d) Within 1 year of the date of this order [Mar. 21, 2019], the Secretary shall compile information about successful State and institutional efforts to promote students’ timely and affordable completion of a post- secondary program of study. Based on that informa- tion, the Secretary shall publish a compilation of re- search results that addresses: (i) how some States and institutions have better fa- cilitated successful transfer of credits and degree com- pletion by transfer students; (ii) how States and institutions can increase access to dual enrollment programs; and (iii) other strategies for increasing student success, especially among students at high risk of not com- pleting a postsecondary program of study. SEC. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. DONALD J. TRUMP. § 1002. Definition of institution of higher edu- cation for purposes of student assistance programs (a) Definition of institution of higher education for purposes of student assistance programs (1) Inclusion of additional institutions Subject to paragraphs (2) through (4) of this subsection, the term ‘‘institution of higher education’’ for purposes of subchapter IV in- cludes, in addition to the institutions covered by the definition in section 1001 of this title— (A) a proprietary institution of higher edu- cation (as defined in subsection (b) of this section); (B) a postsecondary vocational institution (as defined in subsection (c) of this section); and (C) only for the purposes of part D of sub- chapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in section 1001 of this title and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the require- ments of section 1087b(d) of this title. Page 199 TITLE 20—EDUCATION § 1002 (2) Institutions outside the United States (A) In general For the purpose of qualifying as an institu- tion under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institu- tion of higher education as defined in sec- tion 1001 of this title (except that a graduate medical school, nursing school, or a veteri- nary school, located outside the United States shall not be required to meet the re- quirements of section 1001(a)(4) of this title). Such criteria shall include a requirement that a student attending such school outside the United States is ineligible for loans made under part D of subchapter IV unless— (i) except as provided in subparagraph (B)(iii)(IV), in the case of a graduate med- ical school located outside the United States— (I)(aa) at least 60 percent of those en- rolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 1091(a)(5) of this title in the year pre- ceding the year for which a student is seeking a loan under part D of sub- chapter IV; and (bb) at least 75 percent of the individ- uals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of subchapter IV; or (II) the institution— (aa) has or had a clinical training program that was approved by a State as of January 1, 1992; and (bb) continues to operate a clinical training program in at least one State that is approved by that State; (ii) in the case of a veterinary school lo- cated outside the United States that does not meet the requirements of section 1001(a)(4) of this title, the institution’s stu- dents complete their clinical training at an approved veterinary school located in the United States; or (iii) in the case of a nursing school lo- cated outside of the United States— (I) the nursing school has an agree- ment with a hospital, or accredited school of nursing (as such terms are de- fined in section 296 of title 42), located in the United States that requires the stu- dents of the nursing school to complete the students’ clinical training at such hospital or accredited school of nursing; (II) the nursing school has an agree- ment with an accredited school of nurs- ing located in the United States pro- viding that the students graduating from the nursing school located outside of the United States also receive a degree from the accredited school of nursing located in the United States; (III) the nursing school certifies only Federal Direct Stafford Loans under sec- tion 1087e(a)(2)(A) of this title, Federal Direct Unsubsidized Stafford Loans under section 1087e(a)(2)(D) of this title, or Federal Direct PLUS Loans under sec- tion 1087e(a)(2)(B) of this title for stu- dents attending the institution; (IV) the nursing school reimburses the Secretary for the cost of any loan de- faults for current and former students included in the calculation of the insti- tution’s cohort default rate during the previous fiscal year; and (V) not less than 75 percent of the indi- viduals who were students or graduates of the nursing school, and who took the National Council Licensure Examination for Registered Nurses in the year pre- ceding the year for which the institution is certifying a Federal Direct Stafford Loan under section 1087e(a)(2)(A) of this title, a Federal Direct Unsubsidized Staf- ford Loan under section 1087e(a)(2)(D) of this title, or a Federal Direct PLUS Loan under section 1087e(a)(2)(B) of this title, received a passing score on such examination. (B) Advisory panel (i) In general For the purpose of qualifying as an insti- tution under paragraph (1)(C) of this sub- section, the Secretary shall establish an advisory panel of medical experts that shall— (I) evaluate the standards of accredita- tion applied to applicant foreign medical schools; and (II) determine the comparability of those standards to standards for accredi- tation applied to United States medical schools. (ii) Special rule If the accreditation standards described in clause (i) are determined not to be com- parable, the foreign medical school shall be required to meet the requirements of section 1001 of this title. (iii) Report (I) In general Not later than 1 year after August 14, 2008, the advisory panel described in clause (i) shall submit a report to the Secretary and to the authorizing com- mittees recommending eligibility cri- teria for participation in the loan pro- grams under part D of subchapter IV for graduate medical schools that— (aa) are located outside of the United States; (bb) do not meet the requirements of subparagraph (A)(i); and (cc) have a clinical training program approved by a State prior to January 1, 2008. Page 200 TITLE 20—EDUCATION § 1002 1 See References in Text note below. (II) Recommendations In the report described in subclause (I), the advisory panel’s eligibility criteria shall include recommendations regard- ing the appropriate levels of performance for graduate medical schools described in such subclause in the following areas: (aa) Entrance requirements. (bb) Retention and graduation rates. (cc) Successful placement of students in United States medical residency programs. (dd) Passage rate of students on the United States Medical Licensing Ex- amination. (ee) The extent to which State med- ical boards have assessed the quality of such school’s program of instruction, including through on-site reviews. (ff) The extent to which graduates of such schools would be unable to prac- tice medicine in 1 or more States, based on the judgment of a State med- ical board. (gg) Any areas recommended by the Comptroller General of the United States under section 1101 of the Higher Education Opportunity Act. (hh) Any additional areas the Sec- retary may require. (III) Minimum eligibility requirement In the recommendations described in subclause (II), the criteria described in subparagraph (A)(i)(I)(bb) shall be a min- imum eligibility requirement for a grad- uate medical school described in sub- clause (I) to participate in the loan pro- grams under part D of subchapter IV. (IV) Authority The Secretary may— (aa) not earlier than 180 days after the submission of the report described in subclause (I), issue proposed regula- tions establishing criteria for the eligi- bility of graduate medical schools de- scribed in such subclause to partici- pate in the loan programs under part D of subchapter IV based on the rec- ommendations of such report; and (bb) not earlier than one year after the issuance of proposed regulations under item (aa), issue final regulations establishing such criteria for eligi- bility. (C) Failure to release information The failure of an institution outside the United States to provide, release, or author- ize release to the Secretary of such informa- tion as may be required by subparagraph (A) shall render such institution ineligible for the purpose of part D of subchapter IV. (D) Special rule If, pursuant to this paragraph, an institu- tion loses eligibility to participate in the programs under subchapter IV, then a stu- dent enrolled at such institution may, not- withstanding such loss of eligibility, con- tinue to be eligible to receive a loan under part D of subchapter IV while attending such institution for the academic year succeeding the academic year in which such loss of eli- gibility occurred. (3) Limitations based on course of study or en- rollment An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if such institution— (A) offers more than 50 percent of such in- stitution’s courses by correspondence (ex- cluding courses offered by telecommuni- cations as defined in section 1091(l)(4) 1 of this title), unless the institution is an insti- tution that meets the definition in section 2302(3)(C) of this title; (B) enrolls 50 percent or more of the insti- tution’s students in correspondence courses (excluding courses offered by telecommuni- cations as defined in section 1091(l)(4) 1 of this title), unless the institution is an insti- tution that meets the definition in such sec- tion, except that the Secretary, at the re- quest of such institution, may waive the ap- plicability of this subparagraph to such in- stitution for good cause, as determined by the Secretary in the case of an institution of higher education that provides a 2- or 4-year program of instruction (or both) for which the institution awards an associate or bacca- laureate degree, respectively; (C) has a student enrollment in which more than 25 percent of the students are in- carcerated, except that the Secretary may waive the limitation contained in this sub- paragraph for a nonprofit institution that provides a 2- or 4-year program of instruc- tion (or both) for which the institution awards a bachelor’s degree, or an associate’s degree or a postsecondary diploma, respec- tively; or (D) has a student enrollment in which more than 50 percent of the students do not have a secondary school diploma or its rec- ognized equivalent, and does not provide a 2- or 4-year program of instruction (or both) for which the institution awards a bachelor’s degree or an associate’s degree, respectively, except that the Secretary may waive the limitation contained in this subparagraph if a nonprofit institution demonstrates to the satisfaction of the Secretary that the insti- tution exceeds such limitation because the institution serves, through contracts with Federal, State, or local government agen- cies, significant numbers of students who do not have a secondary school diploma or its recognized equivalent. (4) Limitations based on management An institution shall not be considered to meet the definition of an institution of higher education in paragraph (1) if— (A) the institution, or an affiliate of the institution that has the power, by contract or ownership interest, to direct or cause the direction of the management or policies of the institution, has filed for bankruptcy, ex- cept that this paragraph shall not apply to a Page 201 TITLE 20—EDUCATION § 1002 nonprofit institution, the primary function of which is to provide health care edu- cational services (or an affiliate of such an institution that has the power, by contract or ownership interest, to direct or cause the direction of the institution’s management or policies) that files for bankruptcy under chapter 11 of title 11 between July 1, 1998, and December 1, 1998; or (B) the institution, the institution’s owner, or the institution’s chief executive officer has been convicted of, or has pled nolo contendere or guilty to, a crime involv- ing the acquisition, use, or expenditure of funds under subchapter IV, or has been judi- cially determined to have committed fraud involving funds under subchapter IV. (5) Certification The Secretary shall certify an institution’s qualification as an institution of higher edu- cation in accordance with the requirements of subpart 3 of part H of subchapter IV. (6) Loss of eligibility An institution of higher education shall not be considered to meet the definition of an in- stitution of higher education in paragraph (1) if such institution is removed from eligibility for funds under subchapter IV as a result of an action pursuant to part H of subchapter IV. (b) Proprietary institution of higher education (1) Principal criteria For the purpose of this section, the term ‘‘proprietary institution of higher education’’ means a school that— (A)(i) provides an eligible program of training to prepare students for gainful em- ployment in a recognized occupation; or (ii)(I) provides a program leading to a bac- calaureate degree in liberal arts, and has provided such a program since January 1, 2009; and (II) is accredited by a recognized regional accrediting agency or association, and has continuously held such accreditation since October 1, 2007, or earlier; (B) meets the requirements of paragraphs (1) and (2) of section 1001(a) of this title; (C) does not meet the requirement of para- graph (4) of section 1001(a) of this title; (D) is accredited by a nationally recog- nized accrediting agency or association rec- ognized by the Secretary pursuant to part H of subchapter IV; and (E) has been in existence for at least 2 years. (2) Additional institutions The term ‘‘proprietary institution of higher education’’ also includes a proprietary edu- cational institution in any State that, in lieu of the requirement in section 1001(a)(1) of this title, admits as regular students individuals— (A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or (B) who will be dually or concurrently en- rolled in the institution and a secondary school. (c) Postsecondary vocational institution (1) Principal criteria For the purpose of this section, the term ‘‘postsecondary vocational institution’’ means a school that— (A) provides an eligible program of train- ing to prepare students for gainful employ- ment in a recognized occupation; (B) meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001(a) of this title; and (C) has been in existence for at least 2 years. (2) Additional institutions The term ‘‘postsecondary vocational institu- tion’’ also includes an educational institution in any State that, in lieu of the requirement in section 1001(a)(1) of this title, admits as reg- ular students individuals— (A) who are beyond the age of compulsory school attendance in the State in which the institution is located; or (B) who will be dually or concurrently en- rolled in the institution and a secondary school. (Pub. L. 89–329, title I, § 102, as added Pub. L. 105–244, title I, § 101(a), Oct. 7, 1998, 112 Stat. 1586; amended Pub. L. 108–98, § 1(a), Oct. 10, 2003, 117 Stat. 1174; Pub. L. 109–171, title VIII, § 8002, Feb. 8, 2006, 120 Stat. 155; Pub. L. 109–270, § 2(c)(1), Aug. 12, 2006, 120 Stat. 746; Pub. L. 110–315, title I, § 102(a)–(d)(1), Aug. 14, 2008, 122 Stat. 3083–3085; Pub. L. 111–39, title I, § 101(b)(1), July 1, 2009, 123 Stat. 1935; Pub. L. 111–152, title II, § 2209(b)(1), Mar. 30, 2010, 124 Stat. 1077.) Editorial Notes REFERENCES IN TEXT Section 1101 of the Higher Education Opportunity Act, referred to in subsec. (a)(2)(B)(iii)(II)(gg), is sec- tion 1101 of title XI of 110–315, Aug. 14, 2008, 122 Stat. 3490, which is not classified to the Code. Section 1091(l) of this title, referred to in subsec. (a)(3)(A), (B), was struck out and a new section 1091(l) was added by Pub. L. 110–315, title IV, § 485(a)(5), Aug. 14, 2008, 122 Stat. 3288. As so amended, section 1091(l) no longer contains a par. (4) or a definition of ‘‘tele- communications’’. PRIOR PROVISIONS Provisions similar to this section were contained in section 1088(a) to (c) of this title prior to repeal by Pub. L. 105–244. A prior section 1002, Pub. L. 89–329, title I, § 102, as added Pub. L. 102–325, title I, § 101, July 23, 1992, 106 Stat. 459, related to partnership agreements required for grant eligibility, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1002, Pub. L. 89–329, title I, § 102, as added Pub. L. 99–498, title I, § 101, Oct. 17, 1986, 100 Stat. 1278, defined terms ‘‘continuing education’’, ‘‘adult learner’’, ‘‘eligible institution’’, and ‘‘qualified entity’’, prior to the general amendment of this sub- chapter by Pub. L. 102–325. Another prior section 1002, Pub. L. 89–329, title I, § 102, as added Pub. L. 96–374, title I, § 101(a), Oct. 3, 1980, 94 Stat. 1374, provided for establishment of Commission on National Development in Postsecondary Education, prior to the general amendment of this subchapter by Pub. L. 99–498. Another prior section 1002, Pub. L. 89–329, title I, § 102, Nov. 8, 1965, 79 Stat. 1219; Pub. L. 94–482, title I, Page 202 TITLE 20—EDUCATION § 1002 § 101(b)(1), (g)(2), Oct. 12, 1976, 90 Stat. 2083, 2086, defined the terms ‘‘community service program’’, ‘‘continuing education program’’, and ‘‘resource materials sharing programs’’, prior to the general amendment of this sub- chapter by Pub. L. 96–374. AMENDMENTS 2010—Pub. L. 111–152, § 2209(b)(1)(A), substituted ‘‘part D’’ for ‘‘part B’’ wherever appearing before ‘‘subchapter IV’’. Subsec. (a)(1)(C). Pub. L. 111–152, § 2209(b)(1)(B), in- serted ‘‘, consistent with the requirements of section 1087b(d) of this title’’ before period at end. Subsec. (a)(2)(A). Pub. L. 111–152, § 2209(b)(1)(C)(i), sub- stituted ‘‘made’’ for ‘‘made, insured, or guaranteed’’ in introductory provisions. Subsec. (a)(2)(A)(iii)(III). Pub. L. 111–152, § 2209(b)(1)(C)(ii)(I), substituted ‘‘only Federal Direct Stafford Loans under section 1087e(a)(2)(A) of this title, Federal Direct Unsubsidized Stafford Loans under sec- tion 1087e(a)(2)(D) of this title, or Federal Direct PLUS Loans under section 1087e(a)(2)(B) of this title’’ for ‘‘only Federal Stafford Loans under section 1078 of this title, unsubsidized Federal Stafford Loans under sec- tion 1078–8 of this title, or Federal PLUS loans under section 1078–2 of this title’’. Subsec. (a)(2)(A)(iii)(V). Pub. L. 111–152, § 2209(b)(1)(C)(ii)(II), substituted ‘‘a Federal Direct Staf- ford Loan under section 1087e(a)(2)(A) of this title, a Federal Direct Unsubsidized Stafford Loan under sec- tion 1087e(a)(2)(D) of this title, or a Federal Direct PLUS Loan under section 1087e(a)(2)(B) of this title’’ for ‘‘a Federal Stafford Loan under section 1078 of this title, an unsubsidized Federal Stafford Loan under sec- tion 1078–8 of this title, or a Federal PLUS loan under section 1078–2 of this title’’. 2009—Subsec. (a)(2)(D). Pub. L. 111–39 substituted ‘‘under part B of subchapter IV’’ for ‘‘under part B’’. 2008—Subsec. (a)(2)(A). Pub. L. 110–315, § 102(a)(1)(A), inserted ‘‘nursing school,’’ after ‘‘graduate medical school,’’ in introductory provisions. Subsec. (a)(2)(A)(i). Pub. L. 110–315, § 102(a)(1)(B)(i), in- serted ‘‘except as provided in subparagraph (B)(iii)(IV),’’ before ‘‘in the case’’ in introductory provi- sions. Subsec. (a)(2)(A)(i)(I)(bb). Pub. L. 110–315, § 102(b), sub- stituted ‘‘75’’ for ‘‘60’’. Subsec. (a)(2)(A)(i)(II). Pub. L. 110–315, § 102(a)(1)(B)(ii), added subcl. (II) and struck out former subcl. (II) which read as follows: ‘‘the institution has a clinical training program that was approved by a State as of January 1, 1992; or’’. Subsec. (a)(2)(A)(iii). Pub. L. 110–315, § 102(a)(1)(C), (D), added cl. (iii). Subsec. (a)(2)(B)(iii). Pub. L. 110–315, § 102(a)(2), added cl. (iii). Subsec. (b)(1)(A). Pub. L. 110–315, § 102(d)(1)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘provides an eligible program of training to prepare students for gainful employment in a recognized occupation;’’. Subsec. (b)(1)(D) to (F). Pub. L. 110–315, § 102(c), struck out ‘‘and’’ after semicolon in subpar. (D), substituted ‘‘; and’’ for period in subpar. (E), and struck out sub- par. (F) which read as follows: ‘‘has at least 10 percent of the school’s revenues from sources that are not de- rived from funds provided under subchapter IV, as de- termined in accordance with regulations prescribed by the Secretary.’’ Subsec. (b)(2). Pub. L. 110–315, § 102(d)(1)(A)(ii), added par. (2) and struck out former par. (2). Prior to amend- ment, text read as follows: ‘‘The term ‘proprietary in- stitution of higher education’ also includes a propri- etary educational institution in any State that, in lieu of the requirement in paragraph (1) of section 1001(a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.’’ Subsec. (c)(2). Pub. L. 110–315, § 102(d)(1)(B), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: ‘‘The term ‘postsecondary voca- tional institution’ also includes an educational institu- tion in any State that, in lieu of the requirement in paragraph (1) of section 1001(a) of this title, admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located.’’ 2006—Subsec. (a)(3)(A). Pub. L. 109–270 substituted ‘‘2302(3)(C) of this title’’ for ‘‘2471(4)(C) of this title’’. Pub. L. 109–171, § 8002(1), inserted ‘‘(excluding courses offered by telecommunications as defined in section 1091(l)(4) of this title)’’ after ‘‘courses by correspond- ence’’. Subsec. (a)(3)(B). Pub. L. 109–171, § 8002(2), inserted ‘‘(excluding courses offered by telecommunications as defined in section 1091(l)(4) of this title)’’ after ‘‘cor- respondence courses’’. 2003—Subsec. (a)(2)(A). Pub. L. 108–98 amended sub- par. (A) generally. Prior to amendment, subpar. (A) re- quired the Secretary to establish criteria for approval of institutions outside the United States for purposes of par. (1)(C), including certain requirements for grad- uate medical or veterinary schools. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–152, title II, § 2209(b)(2), Mar. 30, 2010, 124 Stat. 1078, provided that: ‘‘The amendments made by subparagraph (C) of paragraph (1) [amending this sec- tion] shall be effective on July 1, 2010, as if enacted as part of section 102(a)(1) of the Higher Education Oppor- tunity Act (Public Law 110–315) and subject to section 102(e) of such Act as amended by section 101(a)(2) of Public Law 111–39 (20 U.S.C. 1002 note).’’ EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–315, title I, § 102(e), Aug. 14, 2008, 122 Stat. 3086, as amended by Pub. L. 111–39, title I, § 101(a)(2), July 1, 2009, 123 Stat. 1935, provided that: ‘‘The amend- ments made by subsections (a)(1), (b), and (d) [amend- ing this section] shall take effect on July 1, 2010, except that, with respect to foreign nursing schools that were eligible to participate in part B of title IV [20 U.S.C. 1071 et seq.] as of the day before the date of enactment of this Act [Aug. 14, 2008], the amendments made by subsection (a)(1)(D) [amending this section] shall take effect on July 1, 2012.’’ EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–171, title VIII, § 8001(c), Feb. 8, 2006, 120 Stat. 155, provided that: ‘‘Except as otherwise provided in this subtitle [subtitle A (§§ 8001–8024) of title VIII of Pub. L. 109–171, see Short Title of 2006 Amendment note set out under section 1001 of this title] or the amend- ments made by this subtitle, the amendments made by this subtitle shall be effective July 1, 2006.’’ EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108–98, § 1(b), Oct. 10, 2003, 117 Stat. 1175, pro- vided that: ‘‘This Act [amending this section] and the amendments made by this Act shall be effective as if enacted on October 1, 1998.’’ CONSTRUCTION Pub. L. 110–315, title I, § 102(d)(2), Aug. 14, 2008, 122 Stat. 3086, provided that: ‘‘Nothing in the amendment made by paragraph (1)(A)(i) to section 102(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)) shall be construed to negate or supercede any State laws governing proprietary institutions of higher education.’’ Page 203 TITLE 20—EDUCATION § 1003 § 1003. Additional definitions In this chapter: (1) Authorizing committees The term ‘‘authorizing committees’’ means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Rep- resentatives. (2) Combination of institutions of higher edu- cation The term ‘‘combination of institutions of higher education’’ means a group of institu- tions of higher education that have entered into a cooperative arrangement for the pur- pose of carrying out a common objective, or a public or private nonprofit agency, organiza- tion, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objec- tive on the group’s behalf. (3) Critical foreign language Except as otherwise provided, the term ‘‘critical foreign language’’ means each of the languages contained in the list of critical lan- guages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T. Stafford Ele- mentary and Secondary School Improvement Amendments of 1988)), as updated by the Sec- retary from time to time and published in the Federal Register, except that in the imple- mentation of this definition with respect to a specific title, the Secretary may set priorities according to the purposes of such title and the national security, economic competitiveness, and educational needs of the United States. (4) Department The term ‘‘Department’’ means the Depart- ment of Education. (5) Diploma mill The term ‘‘diploma mill’’ means an entity that— (A)(i) offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the general public that the individual pos- sessing such a degree, diploma, or certificate has completed a program of postsecondary education or training; and (ii) requires such individual to complete little or no education or coursework to ob- tain such degree, diploma, or certificate; and (B) lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of in- stitutions of higher education (as such term is defined in section 1002 of this title) by— (i) the Secretary pursuant to subpart 2 of part H of subchapter IV; or (ii) a Federal agency, State government, or other organization or association that recognizes accrediting agencies or associa- tions. (6) Disability The term ‘‘disability’’ has the same meaning given that term under section 12102(2) of title 42. (7) Distance education (A) In general Except as otherwise provided, the term ‘‘distance education’’ means education that uses one or more of the technologies de- scribed in subparagraph (B)— (i) to deliver instruction to students who are separated from the instructor; and (ii) to support regular and substantive interaction between the students and the instructor, synchronously or asyn- chronously. (B) Inclusions For the purposes of subparagraph (A), the technologies used may include— (i) the Internet; (ii) one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite, or wireless communica- tions devices; (iii) audio conferencing; or (iv) video cassettes, DVDs, and CD–ROMs, if the cassettes, DVDs, or CD–ROMs are used in a course in conjunc- tion with any of the technologies listed in clauses (i) through (iii). (8) Early childhood education program The term ‘‘early childhood education pro- gram’’ means— (A) a Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding; (B) a State licensed or regulated child care program; or (C) a program that— (i) serves children from birth through age six that addresses the children’s cog- nitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and (ii) is— (I) a State prekindergarten program; (II) a program authorized under section 619 [20 U.S.C. 1419] or part C of the Indi- viduals with Disabilities Education Act [20 U.S.C. 1431 et seq.]; or (III) a program operated by a local edu- cational agency. (9) Elementary school The term ‘‘elementary school’’ has the same meaning given that term under section 7801 of this title. (10) Gifted and talented The term ‘‘gifted and talented’’ has the same meaning given that term under section 7801 of this title. (11) Local educational agency The term ‘‘local educational agency’’ has the same meaning given that term under sec- tion 7801 of this title. (12) New borrower The term ‘‘new borrower’’ when used with respect to any date means an individual who