20 U.S.C. § 1132 — Definitions

Page 781 TITLE 20—EDUCATION § 1132 tion of higher education in which the stu- dent is enrolled. (2) Amount and duration A Ralph Bunche scholarship awarded to a student under this section shall not exceed $5,000 per academic year. (Pub. L. 89–329, title VI, § 626, as added Pub. L. 110–315, title VI, § 617(2), Aug. 14, 2008, 122 Stat. 3341.) Editorial Notes PRIOR PROVISIONS A prior section 626 of Pub. L. 89–329 was renumbered section 627, and is classified to section 1131d of this title. Another prior section 626 of Pub. L. 89–329 was renum- bered section 628, and is classified to section 1131e of this title. § 1131d. Report The Institute shall prepare a report once every two years on the activities of the Institute and shall submit such report to the Secretary of Education and the Secretary of State. (Pub. L. 89–329, title VI, § 627, formerly § 625, as added Pub. L. 102–325, title VI, § 601, July 23, 1992, 106 Stat. 735; renumbered § 626, Pub. L. 105–244, title VI, § 603(b)(1), Oct. 7, 1998, 112 Stat. 1783; re- numbered § 627 and amended Pub. L. 110–315, title VI, §§ 617(1), 618, Aug. 14, 2008, 122 Stat. 3341, 3342.) Editorial Notes PRIOR PROVISIONS A prior section 627 of Pub. L. 89–329 was renumbered section 628, and is classified to section 1131e of this title. Another prior section 627 of Pub. L. 89–329 was renum- bered section 629, and is classified to section 1131f of this title. AMENDMENTS 2008—Pub. L. 110–315, § 618, substituted ‘‘prepare a re- port once every two years’’ for ‘‘annually prepare a re- port’’. § 1131e. Gifts and donations The Institute is authorized to receive money and other property donated, bequeathed, or de- vised to the Institute with or without a condi- tion of restriction, for the purpose of providing financial support for the fellowships or under- writing the cost of the Junior Year Abroad Pro- gram. All funds or property given, devised, or bequeathed shall be retained in a separate ac- count, and an accounting of those funds and property shall be included in the report de- scribed in section 1131d of this title. (Pub. L. 89–329, title VI, § 628, formerly § 626, as added Pub. L. 102–325, title VI, § 601, July 23, 1992, 106 Stat. 736; renumbered § 627, and amended Pub. L. 105–244, title VI, § 603(b)(1), (f), Oct. 7, 1998, 112 Stat. 1783, 1785; renumbered § 628 and amended Pub. L. 110–315, title VI, §§ 617(1), 619, Aug. 14, 2008, 122 Stat. 3341, 3342.) Editorial Notes PRIOR PROVISIONS A prior section 628 of Pub. L. 89–329 was renumbered section 629, and is classified to section 1131f of this title. AMENDMENTS 2008—Pub. L. 110–315, § 619, substituted ‘‘report de- scribed in section 1131d’’ for ‘‘annual report described in section 1131d’’. 1998—Pub. L. 105–244, § 603(f), made technical amend- ment to reference in original act which appears in text as reference to section 1131d of this title. 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. § 1131f. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years to carry out this part. (Pub. L. 89–329, title VI, § 629, formerly § 627, as added Pub. L. 102–325, title VI, § 601, July 23, 1992, 106 Stat. 736; renumbered § 628, and amended Pub. L. 105–244, title VI, § 603(b)(1), (g), Oct. 7, 1998, 112 Stat. 1783, 1786; renumbered § 629 and amended Pub. L. 110–315, title VI, §§ 617(1), 620, Aug. 14, 2008, 122 Stat. 3341, 3342.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–315, § 620, substituted ‘‘such sums as may be necessary’’ for ‘‘$10,000,000’’, ‘‘2009’’ for ‘‘1999’’, and ‘‘five succeeding’’ for ‘‘4 succeeding’’. 1998—Pub. L. 105–244, § 603(g), substituted ‘‘1999’’ for ‘‘1993’’. 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. PART D—GENERAL PROVISIONS § 1132. Definitions (a) Definitions As used in this subchapter— (1) the term ‘‘area studies’’ means a program of comprehensive study of the aspects of a so- ciety or societies, including study of its his- tory, culture, economy, politics, international relations and languages; (2) the term ‘‘comprehensive foreign lan- guage and area or international studies cen- ter’’ means an administrative unit of a univer- sity that contributes significantly to the na- tional interest in advanced research and schol- arship, employs a critical mass of scholars in diverse disciplines related to a geographic con- centration, offers intensive language training Page 782 TITLE 20—EDUCATION § 1132 1 So in original. The word ‘‘and’’ probably should not appear. in languages of its area specialization, main- tains important library collections related to the area, and makes training available in lan- guage and area studies to a graduate, post- graduate, and undergraduate clientele; and 1 (3) the term ‘‘educational programs abroad’’ means programs of study, internships, or serv- ice learning outside the United States which are part of a foreign language or other inter- national curriculum at the undergraduate or graduate education levels; (4) the term ‘‘export education’’ means edu- cating, teaching and training to provide gen- eral knowledge and specific skills pertinent to the selling of goods and services to other coun- tries, including knowledge of market condi- tions, financial arrangements, laws and proce- dures; (5) the term ‘‘historically Black college and university’’ has the meaning given the term ‘‘part B institution’’ in section 1061 of this title; (6) the term ‘‘institution of higher edu- cation’’ means, in addition to institutions which meet the definition of section 1001 of this title, institutions which meet the require- ments of section 1001 of this title except that (1) they are not located in the United States, and (2) they apply for assistance under this subchapter in consortia with institutions which meet the definition of section 1001 of this title; (7) the term ‘‘international business’’ means profit-oriented business relationships con- ducted across national boundaries and in- cludes activities such as the buying and sell- ing of goods, investments in industries, the li- censing of processes, patents and trademarks, and the supply of services; (8) the term ‘‘internationalization of cur- ricula’’ means the incorporation of inter- national or comparative perspectives in exist- ing courses of study or the addition of new components to the curricula to provide an international context for American business education; (9) the term ‘‘tribally controlled college or university’’ has the meaning given the term in section 1801 of title 25; and (10) the term ‘‘undergraduate foreign lan- guage and area or international studies cen- ter’’ means an administrative unit of an insti- tution of higher education, including but not limited to 4-year colleges, that contributes significantly to the national interest through the education and training of students who matriculate into advanced language and area studies programs, professional school pro- grams, or incorporates substantial inter- national and foreign language content into baccalaureate degree programs, engages in re- search, curriculum development and commu- nity outreach activities designed to broaden international and foreign language knowledge, employs faculty with strong language, area, and international studies credentials, main- tains library holdings, including basic ref- erence works, journals, and works in trans- lation, and makes training available predomi- nantly to undergraduate students. (b) Special conditions All references to individuals or organizations, unless the context otherwise requires, mean in- dividuals who are citizens or permanent resi- dents of the United States or organizations which are organized or incorporated in the United States. (Pub. L. 89–329, title VI, § 631, as added Pub. L. 102–325, title VI, § 601, July 23, 1992, 106 Stat. 736; amended Pub. L. 105–244, title I, § 102(b)(8), title VI, § 604(a), Oct. 7, 1998, 112 Stat. 1622, 1786; Pub. L. 110–315, title VI, § 621, Aug. 14, 2008, 122 Stat. 3342; Pub. L. 111–39, title VI, § 601(b), July 1, 2009, 123 Stat. 1954.) Editorial Notes PRIOR PROVISIONS A prior section 1132, Pub. L. 89–329, title VI, § 622, as added Pub. L. 96–374, title VI, § 601(a), Oct. 3, 1980, 94 Stat. 1470; amended Pub. L. 99–498, title VI, § 614, Oct. 17, 1986, 100 Stat. 1520, defined terms used in this sub- chapter, prior to the general revision of this subchapter by Pub. L. 102–325. Another prior section 1132, Pub. L. 89–329, title VI, § 622, Nov. 8, 1965, 79 Stat. 1266, related to stipends for persons attending faculty development program insti- tutes, prior to the general revision of this subchapter by Pub. L. 96–374. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–39 made technical cor- rection to directory language of Pub. L. 110–315, § 621. See 2008 Amendment notes below. 2008—Subsec. (a)(2). Pub. L. 110–315, § 621(2), (3), as amended by Pub. L. 111–39, redesignated par. (5) as (2) and substituted ‘‘comprehensive foreign language and area or international studies center’’ for ‘‘comprehen- sive language and area center’’. Former par. (2) redesig- nated (7). Subsec. (a)(3). Pub. L. 110–315, § 621(2), (4), as amended by Pub. L. 111–39, redesignated par. (9) as (3) and sub- stituted semicolon for period at end. Former par. (3) re- designated (4). Subsec. (a)(4). Pub. L. 110–315, § 621(2), as amended by Pub. L. 111–39, redesignated par. (3) as (4). Former par. (4) redesignated (8). Subsec. (a)(5). Pub. L. 110–315, § 621(5), as amended by Pub. L. 111–39, added par. (5). Pub. L. 110–315, § 621(2), as amended by Pub. L. 111–39, redesignated par. (5) as (2). Subsec. (a)(6). Pub. L. 110–315, § 621(2), (6), as amended by Pub. L. 111–39, redesignated par. (8) as (6) and struck out ‘‘and’’ after semicolon. Former par. (6) redesignated (10). Subsec. (a)(7). Pub. L. 110–315, § 621(1), (2), as amended by Pub. L. 111–39, redesignated par. (2) as (7) and struck out former par. (7) which read as follows: ‘‘the term ‘critical languages’ means each of the languages con- tained in the list of critical languages designated by the Secretary pursuant to section 212(d) of the Edu- cation for Economic Security Act (50 Fed. Reg. 149, 31413), except that, in the implementation of this defi- nition, the Secretary may set priorities according to the purposes of this subchapter;’’. Subsec. (a)(8). Pub. L. 110–315, § 621(2), as amended by Pub. L. 111–39, redesignated par. (4) as (8). Former par. (8) redesignated (6). Subsec. (a)(9). Pub. L. 110–315, § 621(7), as amended by Pub. L. 111–39, added par. (9). Pub. L. 110–315, § 621(2), as amended by Pub. L. 111–39, redesignated par. (9) as (3). Subsec. (a)(10). Pub. L. 110–315, § 621(2), (8), as amend- ed by Pub. L. 111–39, redesignated par. (6) as (10) and substituted ‘‘undergraduate foreign language and area or international studies center’’ for ‘‘undergraduate Page 783 TITLE 20—EDUCATION § 1132–6 language and area center’’ and a period for the semi- colon at end. 1998—Subsec. (a)(8). Pub. L. 105–244, § 102(b)(8), sub- stituted ‘‘section 1001’’ for ‘‘section 1141(a)’’ in two places and ‘‘of section 1001’’ for ‘‘of 1141(a)’’. Subsec. (a)(9). Pub. L. 105–244, § 604(a), added par. (9). Statutory Notes and Related Subsidiaries 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 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 Part effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title. § 1132–1. Special rule The Secretary may waive or reduce the non- Federal share required under this subchapter for institutions that— (1) are eligible to receive assistance under part A or B of subchapter III or under sub- chapter V; and (2) have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Sec- retary. (Pub. L. 89–329, title VI, § 632, as added Pub. L. 110–315, title VI, § 622, Aug. 14, 2008, 122 Stat. 3343.) Editorial Notes PRIOR PROVISIONS A prior section 1132–1, Pub. L. 89–329, title VI, § 632, as added Pub. L. 102–325, title VI, § 601, July 23, 1992, 106 Stat. 737, related to preservation of pre-1992 programs, prior to repeal by Pub. L. 105–244, § 3, title VI, § 604(b), Oct. 7, 1998, 112 Stat. 1585, 1786, effective Oct. 1, 1998. § 1132–2. Rule of construction Nothing in this subchapter shall be construed to authorize the Secretary to mandate, direct, or control an institution of higher education’s specific instructional content, curriculum, or program of instruction. (Pub. L. 89–329, title VI, § 633, as added Pub. L. 110–315, title VI, § 622, Aug. 14, 2008, 122 Stat. 3343.) § 1132–3. Assessment The Secretary is authorized to assess and en- sure compliance with all the conditions and terms of grants provided under this subchapter. (Pub. L. 89–329, title VI, § 634, as added Pub. L. 110–315, title VI, § 622, Aug. 14, 2008, 122 Stat. 3343.) § 1132–4. Evaluation, outreach, and information The Secretary may use not more than one per- cent of the funds made available under this sub- chapter to carry out program evaluation, na- tional outreach, and information dissemination activities relating to the programs authorized under this subchapter. (Pub. L. 89–329, title VI, § 635, as added Pub. L. 110–315, title VI, § 622, Aug. 14, 2008, 122 Stat. 3343.) § 1132–5. Report The Secretary shall, in consultation and col- laboration with the Secretary of State, the Sec- retary of Defense, and the heads of other rel- evant Federal agencies, submit a report once every two years that identifies areas of national need in foreign language, area, and inter- national studies as such studies relate to gov- ernment, education, business, and nonprofit needs, and a plan to address those needs. The re- port shall be provided to the authorizing com- mittees and made available to the public. (Pub. L. 89–329, title VI, § 636, as added Pub. L. 110–315, title VI, § 622, Aug. 14, 2008, 122 Stat. 3343.) § 1132–6. Science and technology advanced for- eign language education grant program (a) Purpose It is the purpose of this section to support pro- grams in institutions of higher education that— (1) encourage students to develop— (A) an understanding of science and tech- nology; and (B) foreign language proficiency; (2) foster future international scientific col- laboration; (3) provide for professional development op- portunities for elementary school and sec- ondary school teachers of critical foreign lan- guages to increase the number of highly quali- fied teachers in critical foreign languages; and (4) increase the number of United States stu- dents who achieve the highest level of pro- ficiency in foreign languages critical to the se- curity and competitiveness of the Nation. (b) Development The Secretary shall develop a program for the awarding of grants to institutions of higher edu- cation that develop innovative programs for the teaching of foreign languages, which may in- clude the preparation of teachers to teach for- eign languages. (c) Regulations and requirements The Secretary shall promulgate regulations for the awarding of grants under subsection (b). Such regulations may require institutions of higher education to use grant funds for, among other things— (1) the development of an on-campus cul- tural awareness program by which students attend classes taught in a foreign language and study the science and technology develop- ments and practices in a non-English speaking country; (2) immersion programs where students take science or technology related course work in a non-English speaking country; (3) other programs, such as summer work- shops, that emphasize the intense study of a foreign language and science technology;