republic-os/legal/us/code/title-20/chapter-55/section-4359a.md

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LegalText	20 U.S.C. § 4359a	International students	us	united_states_code	code_section	20	EDUCATION	55	EDUCATION OF THE DEAF	4359a	20 U.S.C. § 4359a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip	/us/usc/t20/s4359a	data/legal/raw/us/code/title-20/usc20.xml	5fd345fac1ab778e3a87c7178f354eb9eb7aae4cf8b34e0bb948411d688fdb46	6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052	cf1e3eaf5fbbfb68ce58a30df2937fa3ae85f21f7a33004150bfb8af646455cf	2026-07-04	official	legal us-code

20 U.S.C. § 4359a - International students

Text

(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 student’s 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 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, § 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.)

Notes

Editorial Notes

Prior ProvisionsA prior section 209 of Pub. L. 99–371 was renumbered section 208 and is classified to section 4359 of this title.

Amendments2008—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.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 AmendmentAmendment 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 DateSection 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.