20 U.S.C. § 4351 — Definitions

Page 1227 TITLE 20—EDUCATION § 4351 Subsec. (b)(6). Pub. L. 103–73, § 203(g)(3)(D), sub- stituted ‘‘or hard of hearing’’ for ‘‘or individuals who are hard of hearing’’. Subsec. (c). Pub. L. 103–73, § 203(g)(4), inserted a comma after ‘‘If’’. 1992—Subsec. (a). Pub. L. 102–421, § 121(1), designated existing provisions as par. (1) and added par. (2). Subsec. (b)(2). Pub. L. 102–421, § 151(a)(4), substituted ‘‘individuals who are deaf’’ for ‘‘the deaf’’. Subsec. (b)(3). Pub. L. 102–421, § 121(2), substituted ‘‘will prepare and submit to the Secretary an annual report, including an accounting of all indirect costs paid to the institution of higher education under the agreement with the Secretary, which report the Sec- retary shall transmit to the Committee on Education and Labor of the House of Representatives, and to the Committee on Labor and Human Resources of the Sen- ate,’’ for ‘‘will make an annual report together with an accounting of all indirect costs paid to the institution of higher education under the agreement to the Sec- retary, which the Secretary shall transmit to the Con- gress’’. Subsec. (b)(6). Pub. L. 102–421, § 121(3), added par. (6). 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. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title. ESTABLISHMENT OF INSTITUTE Pursuant to an agreement entered into between the Secretary and the Rochester Institute of Technology on Dec. 20, 1966, the National Technical Institute for the Deaf (N.T.I.D.) was established and located at Rochester, New York. PART C—OTHER PROGRAMS § 4341. Cultural experiences grants (a) In general The Secretary is authorized to, on a competi- tive basis, make grants to, and enter into con- tracts and cooperative agreements with, eligible entities to support the activities described in subsection (b). (b) Activities In carrying out this section, the Secretary shall support activities providing cultural expe- riences, through appropriate nonprofit organiza- tions with a demonstrated proficiency in pro- viding such activities, that— (1) enrich the lives of deaf and hard-of-hear- ing children and adults; (2) increase public awareness and under- standing of deafness and of the artistic and in- tellectual achievements of deaf and hard-of- hearing persons; or (3) promote the integration of hearing, deaf, and hard-of-hearing persons through shared cultural, educational, and social experiences. (c) Applications An eligible entity that desires to receive a grant, or enter into a contract or cooperative agreement, under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 99–371, title I, § 121, as added Pub. L. 110–315, title IX, § 904(a), Aug. 14, 2008, 122 Stat. 3452.) Editorial Notes PRIOR PROVISIONS A prior section 4341, Pub. L. 99–371, title III, § 301, Aug. 4, 1986, 100 Stat. 786, established Commission on Education of the Deaf, prior to repeal by Pub. L. 102–421, title I, §§ 101(a)(2), 161, Oct. 16, 1992, 106 Stat. 2151, 2164, effective Oct. 1, 1992. A prior section 121 of Pub. L. 99–371 was classified to section 4321 of this title, prior to repeal by Pub. L. 102–421. Prior sections 4342 to 4344 were repealed by Pub. L. 102–421, title I, §§ 101(a)(2), 161, Oct. 16, 1992, 106 Stat. 2151, 2164, effective Oct. 1, 1992. Section 4342, Pub. L. 99–371, title III, § 302, Aug. 4, 1986, 100 Stat. 786; Pub. L. 101–476, title IX, § 901(a)(2), Oct. 30, 1990, 104 Stat. 1142, outlined duties of Commission and provided for reports to Congress. Section 4343, Pub. L. 99–371, title III, § 303, Aug. 4, 1986, 100 Stat. 787, related to personnel of Commission, hear- ings, quorums, consultation with other entities, infor- mation and statistics, and agency cooperation. Section 4344, Pub. L. 99–371, title III, § 304, Aug. 4, 1986, 100 Stat. 788, provided for compensation of members of Commission. SUBCHAPTER II—GENERAL PROVISIONS Editorial Notes PRIOR PROVISIONS A prior subchapter II of this chapter, consisting of sections 4331 and 4332 of this title, was redesignated part B of subchapter I of this chapter by Pub. L. 102–421, title I, § 101(b)(3), Oct. 16, 1992, 106 Stat. 2151. § 4351. Definitions As used in this chapter— (1) The term ‘‘international student’’ means an individual who— (A) is not a citizen or national of, or law- fully admitted for permanent residence in, the United States; (B) does not provide evidence from the Im- migration and Naturalization Service that he or she is in the United States for other than temporary purposes with the intention of becoming a citizen of, or lawfully admit- ted for permanent residence in, the United States; and (C) is not lawfully admitted for permanent residence in American Samoa, Guam, the Commonwealth of the Northern Mariana Is- lands, the Commonwealth of Puerto Rico, or the Virgin Islands. (2) The term ‘‘construction’’ includes con- struction and initial equipment of new build- Page 1228 TITLE 20—EDUCATION § 4352 ings, and expansion, remodeling, and alter- ation of existing buildings and equipment therein, including architect’s services, but ex- cluding off-site improvements. (3) The term ‘‘institution of higher edu- cation’’ means an educational institution in any State which (A) admits as regular stu- dents only individuals having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (B) is legally authorized within such State to provide a program of edu- cation beyond secondary education; (C) pro- vides an educational program for which it awards a bachelor’s degree; (D) includes one or more professional or graduate schools; (E) is a public or nonprofit private institution; and (F) is accredited by a nationally recognized ac- crediting agency or association. For the pur- pose of subparagraph (F), the Secretary shall publish a list of nationally recognized accred- iting agencies or associations which the Sec- retary determines to be reliable authority as to the quality of training offered. (4) The term ‘‘Secretary’’ means the Sec- retary of Education. (5) The term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the Virgin Islands, and the Com- monwealth of the Northern Mariana Islands. (6) The term ‘‘NTID’’ means the National Technical Institute for the Deaf. (7) The term ‘‘University’’ means Gallaudet University. (Pub. L. 99–371, title II, § 201, formerly title IV, § 401, Aug. 4, 1986, 100 Stat. 789; renumbered title II, § 201, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 131, 151(a)(3), (b), Oct. 16, 1992, 106 Stat. 2151, 2155, 2164; Pub. L. 103–73, title II, § 204(a), Aug. 11, 1993, 107 Stat. 734; Pub. L. 105–244, title IX, § 915, Oct. 7, 1998, 112 Stat. 1830.) Editorial Notes PRIOR PROVISIONS A prior section 201 of Pub. L. 99–371 was renumbered section 111 and is classified to section 4331 of this title. Provisions similar to this section were contained in sections 682, 693a, and 695a of this title prior to repeal by Pub. L. 99–371. AMENDMENTS 1998—Par. (1)(C). Pub. L. 105–244, § 915(1), struck out ‘‘Palau (but only until the Compact of Free Association with Palau takes effect),’’ after ‘‘Guam,’’. Par. (5). Pub. L. 105–244, § 915(2), inserted ‘‘and’’ after ‘‘Virgin Islands,’’ and struck out ‘‘, and Palau (but only until the Compact of Free Association with Palau takes effect)’’ after ‘‘Mariana Islands’’. 1993—Pub. L. 103–73 substituted ‘‘and’’ for ‘‘or’’ at end of par. (1)(B), redesignated pars. (4) and (6) to (9) as (3) to (7), respectively, and struck out former pars. (3) and (5) which defined ‘‘elementary school’’ and ‘‘secondary school’’, respectively. 1992—Par. (1). Pub. L. 102–421, § 131(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘The term ‘Board of Trustees’ means (unless the con- text requires otherwise) the Board of Trustees of Gal- laudet University established under section 4303 of this title.’’ Par. (2). Pub. L. 102–421, § 151(b)(1), substituted ‘‘there- in’’ for ‘‘thereof’’. Par. (3). Pub. L. 102–421, § 151(a)(3), (b)(2), substituted ‘‘children who are deaf or hard-of-hearing’’ for ‘‘deaf children’’. Par. (4). Pub. L. 102–421, § 151(b)(3), substituted a semi- colon for last comma in subpars. (A) to (E) of first sen- tence and ‘‘subparagraph’’ for ‘‘clause’’ in second sen- tence. Pub. L. 102–421, § 131(2), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: ‘‘The term ‘Institute’ means the National Technical Insti- tute for the Deaf.’’ Pars. (5), (6). Pub. L. 102–421, § 131(2)(B), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4). Par. (7). Pub. L. 102–421, § 131(2)(B), (3), redesignated par. (8) as (7) and substituted ‘‘the Commonwealth of the Northern Mariana Islands, and Palau (but only until the Compact of Free Association with Palau takes effect).’’ for ‘‘the Northern Mariana Islands and the Trust Territory of the Pacific Islands.’’. Former par. (7) redesignated (6). Pars. (8), (9). Pub. L. 102–421, § 131(2)(B), (4), added pars. (8) and (9) and redesignated former par. (8) as (7). 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 OF 1992 AMENDMENT Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. § 4352. Gifts The University and NTID are authorized to re- ceive by gift, devise, bequest, purchase, or other- wise, property, both real and personal, for the use of the University or NTID, or for the use, as appropriate, for any programs, departments, or other units as may be designated in the convey- ance or will, and to hold, invest, use, or dispose of such property for the purpose stated in the conveyance or will. (Pub. L. 99–371, title II, § 202, formerly title IV, § 402, Aug. 4, 1986, 100 Stat. 789; renumbered title II, § 202, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 132, Oct. 16, 1992, 106 Stat. 2151, 2156.) Editorial Notes PRIOR PROVISIONS A prior section 202 of Pub. L. 99–371 was renumbered section 112 and is classified to section 4332 of this title. Provisions similar to subsec. (a) of this section were contained in section 691c of this title prior to repeal by Pub. L. 99–371. AMENDMENTS 1992—Pub. L. 102–421, § 132, amended section generally. Prior to amendment, section read as follows: ‘‘(a) GALLAUDET UNIVERSITY.—Gallaudet University is authorized to receive by gift, devise, bequest, purchase, or otherwise, property, both real and personal, for the