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 society or societies, including study of its history, culture, economy, politics, international relations and languages;

(2) the term "comprehensive foreign language and area or international studies center" means an administrative unit of a university that contributes significantly to the national interest in advanced research and scholarship, employs a critical mass of scholars in diverse disciplines related to a geographic concentration, offers intensive language training in languages of its area specialization, maintains important library collections related to the area, and makes training available in language and area studies to a graduate, postgraduate, and undergraduate clientele; and ¹

(3) the term "educational programs abroad" means programs of study, internships, or service learning outside the United States which are part of a foreign language or other international curriculum at the undergraduate or graduate education levels;

(4) the term "export education" means educating, teaching and training to provide general knowledge and specific skills pertinent to the selling of goods and services to other countries, including knowledge of market conditions, financial arrangements, laws and procedures;

(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 education" means, in addition to institutions which meet the definition of section 1001 of this title, institutions which meet the requirements 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 conducted across national boundaries and includes activities such as the buying and selling of goods, investments in industries, the licensing of processes, patents and trademarks, and the supply of services;

(8) the term "internationalization of curricula" means the incorporation of international or comparative perspectives in existing 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 language and area or international studies center" means an administrative unit of an institution 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 programs, or incorporates substantial international and foreign language content into baccalaureate degree programs, engages in research, curriculum development and community outreach activities designed to broaden international and foreign language knowledge, employs faculty with strong language, area, and international studies credentials, maintains library holdings, including basic reference works, journals, and works in translation, and makes training available predominantly to undergraduate students.

(b) Special conditions

All references to individuals or organizations, unless the context otherwise requires, mean individuals who are citizens or permanent residents 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 subchapter, 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 institutes, prior to the general revision of this subchapter by Pub. L. 96–374.

Amendments

2009—Subsec. (a). Pub. L. 111–39 made technical correction 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 "comprehensive language and area center". Former par. (2) redesignated (7).

Subsec. (a)(3). Pub. L. 110–315, §621(2), (4), as amended by Pub. L. 111–39, redesignated par. (9) as (3) and substituted semicolon for period at end. Former par. (3) redesignated (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 contained in the list of critical languages designated by the Secretary pursuant to section 212(d) of the Education for Economic Security Act (50 Fed. Reg. 149, 31413), except that, in the implementation of this definition, 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 amended by Pub. L. 111–39, redesignated par. (6) as (10) and substituted "undergraduate foreign language and area or international studies center" for "undergraduate language and area center" and a period for the semicolon at end.

1998—Subsec. (a)(8). Pub. L. 105–244, §102(b)(8), substituted "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 section 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.

¹ So in original. The word "and" probably should not appear.

§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 subchapter V; and

(2) have submitted a grant application under this section that demonstrates a need for a waiver or reduction, as determined by the Secretary.

(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 ensure 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 percent of the funds made available under this subchapter to carry out program evaluation, national 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 collaboration with the Secretary of State, the Secretary of Defense, and the heads of other relevant Federal agencies, submit a report once every two years that identifies areas of national need in foreign language, area, and international studies as such studies relate to government, education, business, and nonprofit needs, and a plan to address those needs. The report shall be provided to the authorizing committees 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 foreign language education grant program

(a) Purpose

It is the purpose of this section to support programs in institutions of higher education that—

(1) encourage students to develop—

(A) an understanding of science and technology; and

(B) foreign language proficiency;

(2) foster future international scientific collaboration;

(3) provide for professional development opportunities for elementary school and secondary school teachers of critical foreign languages to increase the number of highly qualified teachers in critical foreign languages; and

(4) increase the number of United States students who achieve the highest level of proficiency in foreign languages critical to the security and competitiveness of the Nation.

(b) Development

The Secretary shall develop a program for the awarding of grants to institutions of higher education that develop innovative programs for the teaching of foreign languages, which may include the preparation of teachers to teach foreign 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 cultural awareness program by which students attend classes taught in a foreign language and study the science and technology developments 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 workshops, that emphasize the intense study of a foreign language and science technology;

(4) if applicable, recruiting highly qualified teachers in critical foreign languages, and providing professional development activities for such teachers at the elementary school and secondary school levels; and

(5) providing innovative opportunities for students that will allow for critical language learning, such as immersion environments, intensive study opportunities, internships, and distance learning.

(d) Grant distribution

In distributing grants to institutions of higher education under this section, the Secretary shall give priority to—

(1) institutions that have programs focusing on curricula that combine the study of foreign languages and the study of science and technology and produce graduates who have both skills; and

(2) institutions teaching critical foreign languages.

(e) Report on best practices

Not later than one year after August 14, 2008, the Secretary shall—

(1) conduct a study to identify the best practices to strengthen the role of institutions of higher education that receive funding under subchapter III or subchapter V in increasing the critical foreign language education efforts in the United States; and

(2) submit a report on the results of such study to the authorizing committees.

(f) Appropriations authorized

There are authorized to be appropriated to carry out this section, such sums as may be necessary for fiscal year 2009 and for each subsequent fiscal year.

(Pub. L. 89–329, title VI, §637, as added Pub. L. 110–315, title VI, §622, Aug. 14, 2008, 122 Stat. 3343.)

§1132–7. Reporting by institutions

(a) Applicability

The data requirement in subsection (b) shall apply to an institution of higher education that receives funds for a center or program under this subchapter if—

(1) the amount of the contribution (including cash and the fair market value of any property) received from any foreign government or from a foreign private sector corporation or foundation during any fiscal year exceeds $250,000 in the aggregate; and

(2) the aggregate contribution, or a significant part of the aggregate contribution, is to be used by a center or program receiving funds under this subchapter.

(b) Data required

The Secretary shall require an institution of higher education referred to in subsection (a) to report information listed in subsection (a) to the Secretary consistent with the requirements of section 1011f of this title.

(Pub. L. 89–329, title VI, §638, as added Pub. L. 110–315, title VI, §622, Aug. 14, 2008, 122 Stat. 3345.)