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20 USC CHAPTER 12 - FOREIGN AND EXCHANGE STUDENTS 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 12 - FOREIGN AND EXCHANGE STUDENTS

.

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CHAPTER 12 - FOREIGN AND EXCHANGE STUDENTS

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Sec.

221. Instructions of citizens from American republics; Government

maintained professional educational institutions.

221a. Instructions of citizens from American republics; United

States Military Academy; restrictions; saving provision.

222 to 224. Repealed.

225. Fund for education of Iranian students in United States.

226. Cooperative public and private sector program for providing

scholarships to students from the Caribbean and Central America.

(a) Statement of purpose.

(b) Establishment of scholarship program.

(c) Grants to States.

(d) Agreement with States.

(e) Federal share.

(f) Non-Federal share.

(g) Forgiveness of scholarship assistance.

(h) Private sector participation.

(i) Funding.

(j) Definitions.

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20 USC Sec. 221 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 12 - FOREIGN AND EXCHANGE STUDENTS

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Sec. 221. Instructions of citizens from American republics;

Government maintained professional educational institutions

-STATUTE-

The President is authorized, in his discretion and under such

regulations as he may prescribe by Executive order, to permit

citizens of the American republics to receive instruction, with or

without charge therefor, at professional educational institutions

and schools maintained and administered by the Government of the

United States or by departments or agencies thereof: Provided, That

such citizens shall agree to comply with all regulations for the

government of the institutions and schools at which they may be

under instruction and to exert every effort to accomplish

successfully the courses of instruction prescribed: And provided

further, That the regulations prescribed by the President under the

authority of this section shall contain provisions limiting the

admission of citizens of the American republics to primary schools

maintained and administered by the Government of the United States

so that there will under no circumstances be any curtailment of the

admission of citizens of the United States eligible to receive

instruction therein.

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(June 24, 1938, ch. 644, 52 Stat. 1034; July 14, 1941, ch. 292, 55

Stat. 589; June 26, 1946, ch. 493, Sec. 1, 60 Stat. 311.)

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CODIFICATION

Section originally provided that ''not more than one citizen of

any American republic shall receive instruction at the same time in

the United States Military Academy and not more than one in the

United States Naval Academy.'' This phrase has been omitted in view

of acts July 14, 1941, and June 26, 1946. See sections 4344, 6957,

and 9344 of Title 10, Armed Forces.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 221a of this title.

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20 USC Sec. 221a 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 12 - FOREIGN AND EXCHANGE STUDENTS

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Sec. 221a. Instructions of citizens from American republics; United

States Military Academy; restrictions; saving provision

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After June 26, 1946, no person shall have authority to permit

citizens of the American Republics to receive instruction at the

United States Military Academy under the provisions of section 221

of this title. Any person who is receiving instruction at the

United States Military Academy on June 26, 1946, under authority of

section 221 of this title, may, in the discretion of the President,

be permitted to continue to receive such instruction and, if so

permitted, shall thereafter be deemed to be receiving instruction

under the provisions of sections 4344 and 9344 of title 10.

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(June 26, 1946, ch. 493, Sec. 2, 60 Stat. 312.)

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CODIFICATION

Words ''sections 4344 and 9344 of title 10'' substituted in text

for ''section 1 of this Act'', meaning section 1 of act June 27,

1946, ch. 493, 60 Stat. 311, on authority of act Aug. 10, 1956,

Sec. 49(b), ch. 1041, 70A Stat. 640, the first section of which

enacted Title 10, Armed Forces.

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20 USC Sec. 222 to 224 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 12 - FOREIGN AND EXCHANGE STUDENTS

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Sec. 222 to 224. Repealed. Pub. L. 87-256, Sec. 111(a)(4), Sept.

21, 1961, 75 Stat. 538

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Sections, act Aug. 24, 1949, ch. 505, Sec. 1-3, 63 Stat. 630,

authorized the creation of a special deposit account for sums due

or paid by the Republic of Finland to the United States as interest

on or in retirement of the principal of the debt incurred under the

act of Feb. 25, 1919, as refunded by the agreement dated May 1,

1923, pursuant to authority contained in sections 805 to 809 of

former Title 31, Money and Finance, or of any other indebtedness

incurred by Finland and owing to the United States as a result of

World War I, provided for the use of such fund for exchange of

students, professors, etc., for the interchange of books and

technical equipment, and for disbursements from the account. See

section 2451 et seq. of Title 22, Foreign Relations and

Intercourse, particularly section 2455.

CONTINUATION OF CERTAIN EXECUTIVE ORDERS, AGREEMENTS,

DETERMINATIONS, REGULATIONS, CONTRACTS, APPOINTMENTS, AND OTHER

ACTIONS

Continuation in full force and effect, and applicability to the

appropriate provisions of the Mutual Educational and Cultural

Exchange Act of 1961, set out in section 2451 et seq. of Title 22,

Foreign Relations and Intercourse, until modified or superseded by

appropriate authority, of all Executive orders, agreements,

determinations, regulations, contracts, appointments, and other

actions issued, concluded, or taken under authority of these

sections, see section 111(b) of Pub. L. 87-256, set out as a note

under section 2451 of Title 22.

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20 USC Sec. 225 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 12 - FOREIGN AND EXCHANGE STUDENTS

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Sec. 225. Fund for education of Iranian students in United States

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There is authorized to be appropriated, out of any funds in the

Treasury of the United States not otherwise appropriated, the sum

of $110,000, which sum shall be expended by the Secretary of State

in his discretion for the education of Iranian students in the

United States, in accordance with the obligation of the United

States arising out of the agreement contained in an exchange of

notes between this Government and the Iranian Government of July

25, July 29, November 9, and November 15, 1924, which agreement

settled a claim asserted by the United States.

The said sum of $110,000 shall be deemed a trust fund received by

the Secretary of State under the provisions of section 2668a of

title 22, and shall be expended as therein provided. The said sum

shall be deemed to constitute the fund of $110,000 received by the

United States from the Iranian Government in four installments

between December 24, 1924, and March 29, 1925, pursuant to the

afore-mentioned notes, and deposited in the Treasury of the United

States on June 24, 1925, which fund shall be deemed, insofar as the

same may be necessary, to have been heretofore appropriated as a

trust fund under section 2668a of title 22 and sections 1321 and

1322(a) of title 31. The Secretary of the Treasury shall make

payments out of the said fund to or for the account of such

persons, in such amounts, at such times, and on such terms, as the

Secretary of State or his designee shall certify and the

certificates of the Secretary of State or his designee issued

hereunder shall be conclusive as to the propriety of payments so

made. The expenditure of the said sum by the United States shall

constitute full performance of the obligation of the United States

to the Iranian Government or any other person arising out of the

said notes and shall discharge the Secretary of State and the

Secretary of the Treasury with respect to any accountability

therefor.

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(Sept. 29, 1950, ch. 1110, Sec. 1, 2, 64 Stat. 1081.)

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CODIFICATION

Words ''section 2668a of title 22'' substituted in text for ''the

Act of February 27, 1896, (29 Stat. 32, title 31, U.S.C. sec.

547)'' and ''the said Act of February 27, 1896'' to reflect the

transfer of section 547 of Title 31, Money and Finance, to section

2668a of Title 22, Foreign Relations and Intercourse.

Words ''sections 1321 and 1322(a) of title 31'' substituted in

text for ''the Permanent Appropriation Repeal Act, 1934, as

amended, section 20 (48 Stat. 1233, 31 U.S.C., sec. 725(s) (31

U.S.C. 725s)'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13,

1982, 96 Stat. 1067, the first section of which enacted Title 31.

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20 USC Sec. 226 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 12 - FOREIGN AND EXCHANGE STUDENTS

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Sec. 226. Cooperative public and private sector program for

providing scholarships to students from the Caribbean and

Central America

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(a) Statement of purpose

It is the purpose of this section to encourage the establishment

of partnerships between State governments, universities, community

colleges, and businesses to support scholarships for talented

socially and economically disadvantaged students from eligible

countries in the Caribbean and Central America to study in the

United States in order to -

(1) improve the diversity and quality of educational

opportunities for such students;

(2) assist the development efforts of eligible countries by

providing training and educational assistance to persons who can

help address the social and economic needs of these countries;

(3) expand opportunities for cross-cultural studies and

exchanges and improve the exchange of understanding and

principles of democracy;

(4) promote positive and productive relationships between the

United States and its neighbor countries in the Caribbean and

Central American regions;

(5) give added visibility and focus to the ''scholarship

diplomacy'' efforts of the United States Government by leveraging

the monies available for this purpose through the development of

partnerships among Federal, State, and local governments and the

business and academic communities; and

(6) promote community involvement with the scholarship program

as a tool for broadening and strengthening the ''American

experience'' for foreign students.

(b) Establishment of scholarship program

The Administrator of the Agency for International Development

shall establish and administer a program of scholarship assistance,

in cooperation with State governments, universities, community

colleges, and businesses, to provide scholarships to enable

socially and economically disadvantaged students from eligible

countries in the Caribbean and Central America to study in the

United States.

(c) Grants to States

In carrying out this section, the Administrator may make grants

to States to provide scholarship assistance for undergraduate

degree programs and for training programs of one year or longer in

study areas related to the critical development needs of the

students' respective countries.

(d) Agreement with States

The Administrator and each participating State shall agree on a

program regarding the educational opportunities available within

the State, the selection and assignment of scholarship recipients,

and related issues. To the maximum extent practicable, each State

shall be given flexibility in designing its program.

(e) Federal share

The Federal share for each year for which a State receives

payments under this section shall be not less than 50 percent.

(f) Non-Federal share

The non-Federal share of payments under this section may be in

cash, including the waiver of tuition or the offering of in-State

tuition or housing waivers or subsidies, or in-kind fairly

evaluated, including the provision of books or supplies.

(g) Forgiveness of scholarship assistance

The obligation of any recipient to reimburse any entity for any

or all scholarship assistance provided under this section shall be

forgiven upon the recipient's prompt return to his or her country

of domicile for a period which is at least one year longer than the

period spent studying in the United States with scholarship

assistance.

(h) Private sector participation

To the maximum extent practicable, each participating State shall

enlist the assistance of the private sector to enable the State to

meet the non-Federal share of payments under this section.

Wherever appropriate, each participating State shall encourage the

private sector to offer internships or other opportunities

consistent with the purposes of this section to students receiving

scholarships under this section.

(i) Funding

Any funds used in carrying out this section shall be derived from

funds allocated for Latin American and Caribbean regional programs

under chapter 4 of part II of the Foreign Assistance Act of 1961

(22 U.S.C. 2346 and following; relating to the economic support

fund).

(j) Definitions

As used in this section -

(1) The term ''eligible country'' means any country -

(A) which is receiving assistance under chapter 1 of part I

of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 and

following; relating to development assistance) or chapter 4 of

part II of that Act (22 U.S.C. 2346 and following; relating to

the economic support fund); and

(B) which is designated by the President as a beneficiary

country pursuant to the Caribbean Basin Economic Recovery Act

(19 U.S.C. 2701 et seq.).

(2) The term ''State'' means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands, the Trust Territory of the

Pacific Islands, and the Commonwealth of the Northern Mariana

Islands.

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(Pub. L. 101-382, title II, Sec. 231, Aug. 20, 1990, 104 Stat.

661.)

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REFERENCES IN TEXT

The Foreign Assistance Act of 1961, referred to in subsecs. (i)

and (j)(1)(A), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended. Chapter 1 of part I and chapter 4 of part II of the

Foreign Assistance Act of 1961 are classified generally to part I

(Sec. 2151 et seq.) of subchapter I and part IV (Sec. 2346 et seq.)

of subchapter II, respectively, of chapter 32 of Title 22, Foreign

Relations and Intercourse. For provisions deeming references to

part I of subchapter I to include a reference to section 2293 of

Title 22, see section 2293(d)(1) of Title 22. For complete

classification of this Act to the Code, see Short Title note set

out under section 2151 of Title 22 and Tables.

The Caribbean Basin Economic Recovery Act, referred to in subsec.

(j)(1)(B), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat.

384, which is classified principally to chapter 15 (Sec. 2701 et

seq.) of Title 19, Customs Duties. For complete classification of

this Act to the Code, see Short Title note set out under section

2701 of Title 19 and Tables.

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TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

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