US Code

Public Law 119-73 (01/23/2026)

20 U.S.C. § 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 lawfully admitted for permanent residence in, the United States;
(B)
does not provide evidence from the Immigration 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 admitted 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 Islands, the Commonwealth of Puerto Rico, or the Virgin Islands.
(2)
The term “construction” includes construction and initial equipment of new buildings, and expansion, remodeling, and alteration of existing buildings and equipment therein, including architect’s services, but excluding off-site improvements.
(3)
The term “institution of higher education” means an educational institution in any State which (A) admits as regular students 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 education beyond secondary education; (C) provides 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 accrediting agency or association. For the purpose of subparagraph (F), the Secretary shall publish a list of nationally recognized accrediting agencies or associations which the Secretary determines to be reliable authority as to the quality of training offered.
(4)
The term “Secretary” means the Secretary of Education.
(5)
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Commonwealth 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, § 201100 Stat. 789Pub. L. 102–421, title I106 Stat. 2151Pub. L. 103–73, title II, § 204(a)107 Stat. 734Pub. L. 105–244, title IX, § 915112 Stat. 1830(, formerly title IV, § 401, , ; renumbered title II, § 201, and amended , §§ 101(b)(5), (6), 131, 151(a)(3), (b), , , 2155, 2164; , , ; , , .)

Editorial Notes

Prior Provisions

section 201 of Pub. L. 99–371section 4331 of this titleA prior was renumbered section 111 and is classified to .

Pub. L. 99–371Provisions similar to this section were contained in sections 682, 693a, and 695a of this title prior to repeal by .

Amendments

Pub. L. 105–244, § 915(1)1998—Par. (1)(C). , struck out “Palau (but only until the Compact of Free Association with Palau takes effect),” after “Guam,”.

Pub. L. 105–244, § 915(2)Par. (5). , 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”.

Pub. L. 103–731993— 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.

Pub. L. 102–421, § 131(1)section 4303 of this title1992—Par. (1). , added par. (1) and struck out former par. (1) which read as follows: “The term ‘Board of Trustees’ means (unless the context requires otherwise) the Board of Trustees of Gallaudet University established under .”

Pub. L. 102–421, § 151(b)(1)Par. (2). , substituted “therein” for “thereof”.

Pub. L. 102–421, § 151(a)(3)Par. (3). , (b)(2), substituted “children who are deaf or hard-of-hearing” for “deaf children”.

Pub. L. 102–421, § 151(b)(3)Par. (4). , substituted a semicolon for last comma in subpars. (A) to (E) of first sentence and “subparagraph” for “clause” in second sentence.

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 Institute for the Deaf.”

Pub. L. 102–421, § 131(2)(B)Pars. (5), (6). , redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4).

Pub. L. 102–421, § 131(2)(B)Par. (7). , (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).

Pub. L. 102–421, § 131(2)(B)Pars. (8), (9). , (4), added pars. (8) and (9) and redesignated former par. (8) as (7).

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Pub. L. 105–244Pub. L. 105–244section 3 of Pub. L. 105–244section 1001 of this titleAmendment by effective , except as otherwise provided in , see , set out as a note under .

Effective Date of 1992 Amendment

Pub. L. 102–421section 161 of Pub. L. 102–421section 4301 of this titleAmendment by effective , see , set out as a note under .

Abolition of Immigration and Naturalization Service and Transfer of Functions

section 1551 of Title 8For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under , Aliens and Nationality.