20 U.S.C. § 4359 — Oversight and effect of agreements

Page 1234 TITLE 20—EDUCATION § 4358 (1) The term ‘‘corpus’’, with respect to a Federal endowment fund under this section, means an amount equal to the Federal pay- ments to such fund, amounts contributed to the fund from non-Federal sources, and appre- ciation from capital gains and reinvestment of income. (2) The term ‘‘Federal endowment fund’’ means a fund, or a tax-exempt foundation, es- tablished and maintained pursuant to this sec- tion by the University or NTID, as the case may be, for the purpose of generating income for the support of the institution involved. (3) The term ‘‘income’’, with respect to a Federal endowment fund under this section, means an amount equal to the dividends and interest accruing from investments of the cor- pus of such fund. (4) The term ‘‘institution involved’’ means the University or NTID, as the case may be. (h) Authorization of appropriations (1) In the case of the University, there are au- thorized to be appropriated for the purposes of this section such sums as may be necessary for each of the fiscal years 2009 through 2014. (2) In the case of NTID, there are authorized to be appropriated for the purposes of this section such sums as may be necessary for each of the fiscal years 2009 through 2014. (3) Amounts appropriated under paragraph (1) or (2) shall remain available until expended. (i) Effective date The provisions of this section shall take effect as if included in this chapter as enacted on Au- gust 4, 1986. (Pub. L. 99–371, title II, § 207, as added Pub. L. 102–421, title I, § 137(2), Oct. 16, 1992, 106 Stat. 2159; amended Pub. L. 103–73, title II, § 204(f), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105–244, title IX, § 919, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, § 909, Aug. 14, 2008, 122 Stat. 3453.) Editorial Notes PRIOR PROVISIONS A prior section 4357, Pub. L. 99–371, title II, § 207, for- merly title IV, § 407, Aug. 4, 1986, 100 Stat. 791; renum- bered title II, § 207, Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, provided for Gallaudet Uni- versity Federal endowment program, prior to repeal ef- fective Oct. 1, 1992, by Pub. L. 102–421, title I, §§ 137(1), 161, Oct. 16, 1992, 106 Stat. 2159, 2164. AMENDMENTS 2008—Subsec. (h)(1), (2). Pub. L. 110–315 substituted ‘‘fiscal years 2009 through 2014’’ for ‘‘fiscal years 1998 through 2003’’. 1998—Subsec. (b)(2). Pub. L. 105–244, § 919(1)(A), amend- ed par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘Subject to the availability of appropria- tions and the non-Federal matching requirements of paragraph (3), the Secretary shall make payments to each Federal endowment fund in amounts equal to sums contributed to the fund from non-Federal sources (excluding transfers from other endowment funds of the institution involved).’’ Subsec. (b)(3). Pub. L. 105–244, § 919(1)(B), struck out par. (3) which read as follows: ‘‘Effective for fiscal year 1993 and each succeeding fiscal year, for any fiscal year in which the sums contributed to the Federal endow- ment fund of the institution involved from non-Federal sources exceed $1,000,000, the non-Federal contribution to the Federal endowment fund shall be $2 for each Fed- eral dollar provided in excess of $1,000,000 (excluding transfers from other endowment funds of the institu- tion involved).’’ Subsec. (c)(1). Pub. L. 105–244, § 919(2), inserted ‘‘the Federal contribution of’’ after ‘‘shall invest’’. Subsec. (d)(2)(C). Pub. L. 105–244, § 919(3)(A), sub- stituted ‘‘The University’’ for ‘‘Beginning on October 1, 1992, the University’’. Subsec. (d)(3)(A). Pub. L. 105–244, § 919(3)(B), sub- stituted ‘‘current’’ for ‘‘prior’’. Subsec. (h)(1), (2). Pub. L. 105–244, § 919(4), substituted ‘‘1998 through 2003’’ for ‘‘1993 through 1997’’. 1993—Subsec. (c)(3). Pub. L. 103–73, § 204(f)(1), sub- stituted ‘‘advisory group established under section 4332 of this title’’ for ‘‘Advisory Board of NTID’’. Subsec. (e). Pub. L. 103–73, § 204(f)(2), substituted ‘‘such investment limitations or’’ for ‘‘such investment limitations and’’. Subsec. (i). Pub. L. 103–73, § 204(f)(3), substituted ‘‘this chapter as enacted on August 4, 1986’’ for ‘‘the provi- sions of the Education of the Deaf Act of 1986’’. 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. § 4358. Repealed. Pub. L. 105–244, title IX, § 920, Oct. 7, 1998, 112 Stat. 1831 Section, Pub. L. 99–371, title II, § 208, as added Pub. L. 102–421, title I, § 138, Oct. 16, 1992, 106 Stat. 2162, related to scholarship program for deaf education or special education careers. A prior section 4358, Pub. L. 99–371, title II, § 208, for- merly title IV, § 408, Aug. 4, 1986, 100 Stat. 792; renum- bered title II, § 208, Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, provided for a National Technical Institute for the Deaf endowment program, prior to repeal effective Oct. 1, 1992, by Pub. L. 102–421, title I, §§ 137(1), 161, Oct. 16, 1992, 106 Stat. 2159, 2164. See section 4357 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. § 4359. Oversight and effect of agreements (a) Oversight activities Nothing in this chapter shall be construed to diminish the oversight activities of the Com- mittee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate with respect to any agreement entered into be- tween the Secretary of Education and Gallaudet University, and the institution of higher edu- cation with which the Secretary has an agree- ment under part B of subchapter I. (b) Construction of agreements The agreements described in subsection (a) of this section shall continue in effect, to the ex- tent that such agreements are not inconsistent with this chapter. (Pub. L. 99–371, title II, § 208, formerly title IV, § 409, Aug. 4, 1986, 100 Stat. 794; renumbered title 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,