20-U.S.C.-4359A
§4359A – International Students
Pathway
Title 20 > Chapter 55 > Subchapter II > Section 4359a
Details
- Reference: Section 4359a
- Legend: §4359A – International Students
- USCode Year: 2013
Provision Content
(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 approximately 15 percent of the total postsecondary student population enrolled respectively at the University or NTID, 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.
(2) Distance learning
International students who participate in distance learning courses that are at the University 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 students for purposes of the cap on international students under paragraph (1), except 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 participation in such courses because of the participation 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 international student from a non-developing country; and
(2) 50 percent for a postsecondary international student from a developing country, or a country that was a developing country for any academic year during the students period of uninterrupted enrollment in a degree program at the University or NTID, except that such a surcharge shall not be adjusted retroactively.
(c) Reduction of surcharge
(1) In general
Beginning with the academic year 2009–2010, the University or NTID may reduce the surcharge—
(A) under subsection (b)(1) from 100 percent 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 students 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 students 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, §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.)
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, substituted 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 subsecs. (b) to (d) and struck out former subsecs. (b) to (d), which related to tuition surcharge, reduction of surcharge, and definition of developing country, respectively.
1998—Subsec. (a). Pub. L. 105–244, §922(a)(1), substituted 15 percent for 10 percent and inserted before 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 surcharge 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), substituted 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 Beginning with the academic year 1993–1994 for Beginning the academic year 1993–1994 and thereafter in introductory provisions and redesignated subpars. (A) to (C) as pars. (1) to (3), respectively.
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 section 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 Amendment note under section 4301 of this title.
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