r/title-20-EDUCATION wiki — defined terms

“Board” applies throughout its subchapter

The term “Board” means the Board of Regents of the Smithsonian Institution.;

“Commission” applies throughout its subchapter

The term “Commission” means the National Portrait Gallery Commission as provided for in this subchapter.;

“Gallery” applies throughout its subchapter

The term “Gallery” means the National Portrait Gallery established by this subchapter.;

“gift” applies throughout its subchapter

The term “gift” includes a gift, bequest, or devise, whether outright or in trust, and any legal instrument by which the gift is effected.;

“portraiture” applies throughout its subchapter

The term “portraiture” includes portraits and reproductions thereof made by any means or process, whether invented or developed heretofore or hereafter.

“expansion project” applies in that section

the term “expansion project” means an addition to the south end of the building of the John F. Kennedy Center for the Performing Arts that— (A) is less than 100,000 square feet; (B) will improve the existing (as of June 8, 2012 ) accessibility and education functions of the Center; and (C) will become part of the existing (as of June 8, 2012 ) structure of the Center.

“theatrical employee” applies in that section

the term “theatrical employee” means a nonappropriated fund employee of the Board, who is engaged in a box office, performing, or theatrical trade that is the subject of a collective bargaining agreement as of January 1, 1994 , including any change in the trade as a result of a technological advance. (2) Collective bargaining (A) In general For the purposes of the National Labor Relations Act ( 29 U.S.C. 151 et seq.) and the Labor-Management Relations Act, 1947 ( 29 U.S.C. 141 et seq.)— (i) each theatrical employee shall be considered to be an “employee” within the meaning of section 2(3) of the National Labor Relations Act ( 29 U.S.C.

“air rights” applies in that section

The term “air rights” means real property interests conveyed by deed, lease, or permit for the use of space between streets and alleys within the boundaries of the Project. (2) Center

“Center” applies in that section

The term “Center” means the John F. Kennedy Center for the Performing Arts. (3) Green spaces

“green spaces” applies in that section

The term “green spaces” means areas within the boundaries of the Project or affected by the Project that are covered by grass, trees, or other vegetation. (4) Plaza

“Plaza” applies in that section

The term “Plaza” means improvements to the area surrounding the John F. Kennedy Center building carried out under the Project and comprised of transportation elements (including roadways, sidewalks, and bicycle lanes) and non-transportation elements (including landscaping, green space, open public space, water, sewer, and utility connections). (5) Project

“Project” applies in that section

The term “Project” means the Plaza project, as described in the TEA–21 report, providing for construction of a Plaza adjacent to the Center and for improved bicycle, pedestrian, and vehicular access to and around the Center. The term includes planning, design, engineering, and construction of the Plaza, buildings to be constructed on the Plaza, and related transportation improvements and may include any other elements of the Project identified in the TEA–21 report. (6) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of Transportation. (7) TEA–21 report

“TEA–21 report” applies in that section

The term “TEA–21 report” means the report of the Secretary submitted to Congress under section 1214 of the Transportation Equity Act for the 21st Century ( 20 U.S.C. 76j note; 112 Stat. 204 ). (b) Responsibilities of the Secretary (1) In general The Secretary shall be responsible for the Project and may undertake such activities as may be necessary to construct the Project, other than buildings to be constructed on the Plaza, substantially as described in the TEA–21 report. (2) Planning, design, engineering, and construction The Secretary shall be responsible for the planning, design, engineering, and construction of the Project, other than buildings to be constructed on the Plaza.

“Malama I Na Kupuna O Hawai’i Nei” applies in that section

the term “Malama I Na Kupuna O Hawai’i Nei” means the nonprofit, Native Hawaiian organization, incorporated under the laws of the State of Hawaii by that name on April 17, 1989 , the purpose of which is to provide guidance and expertise in decisions dealing with Native Hawaiian cultural issues, particularly burial issues; and;

“Office of Hawaiian Affairs” applies in that section

the term “Office of Hawaiian Affairs” means the Office of Hawaiian Affairs established by the Constitution of the State of Hawaii.

“Board of Regents” applies throughout its subchapter

the term “Board of Regents” means the Board of Regents of the Smithsonian Institution;

“Board of Trustees” applies throughout its subchapter

the term “Board of Trustees” means the Board of Trustees of the National Museum of the American Indian;

“burial site” applies throughout its subchapter

the term “burial site” means a natural or prepared physical location, whether below, on, or above the surface of the earth, into which, as a part of a death rite or ceremony of a culture, individual human remains are deposited;

“funerary object” applies throughout its subchapter

the term “funerary object” means an object that, as part of a death rite or ceremony of a culture, is intentionally placed with individual human remains, either at the time of burial or later;

“Heye Foundation assets” applies throughout its subchapter

the term “Heye Foundation assets” means the collections, endowment, and all other property of the Heye Foundation (other than the interest of the Heye Foundation in Audubon Terrace) described in the Memorandum of Understanding between the Smithsonian Institution and the Heye Foundation, dated May 8, 1989 , and the schedules attached to such memorandum;

“Heye Museum” applies throughout its subchapter

the term “Heye Museum” means the Museum of the American Indian, Heye Foundation;

“Indian” applies throughout its subchapter

the term “Indian” means a member of an Indian tribe;

“Indian tribe” applies throughout its subchapter

the term “Indian tribe” has the meaning given that term in section 5304 of title 25 ;

“National Museum” applies throughout its subchapter

the term “National Museum” means the National Museum of the American Indian established by section 80q–1 of this title ;

“Native American” applies throughout its subchapter

the term “Native American” means an individual of a tribe, people, or culture that is indigenous to the Americas and such term includes a Native Hawaiian; and;

“Native Hawaiian” applies throughout its subchapter

the term “Native Hawaiian” means a member or descendant of the aboriginal people who, before 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii.

“inventory” applies in that section

the term “inventory” means a simple, itemized list that, to the extent practicable, identifies, based upon available information held by the Smithsonian Institution, the geographic and cultural affiliation of the remains and objects referred to in paragraph (1). (b) Notice in case of identification of tribal origin If the tribal origin of any Indian human remains or Indian funerary object is identified by a preponderance of the evidence, the Secretary shall so notify any affected Indian tribe at the earliest opportunity.

“Native Hawaiian organization” applies in that section

the term “Native Hawaiian organization” has the meaning provided that term in section 3001(11) of title 25 .

“Board of Regents” applies throughout its subchapter

The term “Board of Regents” means the Board of Regents of the Smithsonian Institution. (2) Council

“Council” applies throughout its subchapter

The term “Council” means the National Museum of African American History and Culture Council established by section 80r–3 of this title . (3) Museum

“Museum” applies throughout its subchapter

The term “Museum” means the National Museum of African American History and Culture established by section 80r–2 of this title . (4) Secretary

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Smithsonian Institution.

“Civil Rights movement” applies throughout its subchapter

the term “Civil Rights movement” means the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the Nation and achieved equal rights legislation for all American citizens.

“Board of Regents” applies throughout its subchapter

The term “Board of Regents” means the Board of Regents of the Smithsonian Institution.;

“Congressional Commission” applies throughout its subchapter

The term “Congressional Commission” means the Commission to Study the Potential Creation of a National Women’s History Museum, established under section 3056 of the Military Construction Authorization Act for Fiscal Year 2015 ( Public Law 113–291 ; 128 Stat. 3810 ).;

“Secretary” applies throughout its subchapter

The term “Secretary” means the Secretary of the Smithsonian Institution.

“Board of Regents” applies in that section

The term “Board of Regents” means the Board of Regents of the Smithsonian Institution. (2) Board of trustees

“Board of Trustees” applies in that section

The term “Board of Trustees” means the Board of Trustees of the National Museum of the American Latino as established by subsection (d). (3) Director

“Director” applies in that section

The term “Director” means the Director of the National Museum of the American Latino. (4) Museum

“Museum” applies in that section

The term “Museum” means the National Museum of the American Latino established by subsection (c). (5) Secretary

“Secretary” applies in that section

The term “Secretary” means the Secretary of the Smithsonian Institution. (c) Establishment of Museum (1) Establishment There is established within the Smithsonian Institution a museum to be known as the “National Museum of the American Latino”.

“satisfactory site” applies in that section

the term “satisfactory site” means an area determined by the Secretary to have sufficient space, electrical and plumbing outlets, and such other facilities as the Secretary may by regulation prescribe, for the location and operation of a vending facility by a blind person. (e) State licensing agency in States having vocational rehabilitation plans In any State having an approved plan for vocational rehabilitation pursuant to the Vocational Rehabilitation Act or the Rehabilitation Act of 1973 [ 29 U.S.C.

“endowment fund” applies throughout its subchapter

the term “endowment fund” means a fund, or a tax exempt foundation, established and maintained by Howard University for the purpose of generating income for its support, but which shall not include real estate;

“endowment fund corpus” applies throughout its subchapter

the term “endowment fund corpus” means an amount equal to the grants awarded under this subchapter plus an amount equal to such grants provided by Howard University;

“endowment fund income” applies throughout its subchapter

the term “endowment fund income” means an amount equal to the total value of the endowment fund established under this subchapter minus the endowment fund corpus;

“Secretary” applies throughout its subchapter

the term “Secretary” means the Secretary of Education; and;

“University” applies throughout its subchapter

the term “University” means the Howard University established by the Act of March 2, 1867 .

“eligible country” applies in that section

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.].;

“State” applies in that section

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.

“Secretary” applies throughout its chapter

the term “Secretary” means the Secretary of Housing and Urban Development. (b) There are authorized to be appropriated such sums as may be necessary for administrative and other expenses in carrying out this chapter.

“State” applies throughout its chapter

the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Virgin Islands; and

“auxiliary services” applies in that section

the term “auxiliary services” includes use of academic resources, access to the library of the school, after hours use of school facilities, and participation in music, sports, and other extracurricular and interscholastic activities.

“dependent” applies throughout its chapter

The term “dependent” means a minor individual— (A) who has not completed secondary schooling, and (B) who is the child, stepchild, adopted child, ward, or spouse of a sponsor, or who is a resident in the household of a sponsor who stands in loco parentis to such individual and who receives one-half or more of his support from such sponsor.;

“Director” applies throughout its chapter

The term “Director” means the Director of the Department of Defense Education Activity.

“involuntarily separated” applies throughout its chapter

The term “involuntarily separated” has the meaning given that term in section 1141 of title 10 .;

“overseas area” applies throughout its chapter

The term “overseas area” means any area situated outside the United States. (4) The term “United States”, when used in a geographical sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States (excluding the Trust Territory of the Pacific Islands and Midway Island).;

“sponsor” applies throughout its chapter

The term “sponsor” means a person— (A) who is— (i) a member of the Armed Forces serving on active duty, or (ii) a full-time civilian officer or employee of the Department of Defense and a citizen or national of the United States; and (B) who is authorized to transport dependents to or from an overseas area at Government expense and is provided an allowance for living quarters in that area.;

“determined to be obscene” applies throughout its subchapter

The term “determined to be obscene” means determined, in a final judgment of a court of record and of competent jurisdiction in the United States, to be obscene.;

“developing arts organization” applies throughout its subchapter

The term “developing arts organization” means a local arts organization of high artistic promise which— (1) serves as an important source of local arts programming in a community; and (2) has the potential to develop artistically and institutionally to broaden public access to the arts in rural and innercity areas and other areas that are underserved artistically.;

“final judgment” applies throughout its subchapter

The term “final judgment” means a judgment that is either— (1) not reviewed by any other court that has authority to review such judgment; or (2) is not reviewable by any other court.;

“group” applies throughout its subchapter

The term “group” includes any State or other public agency, and any nonprofit society, institution, organization, association, museum, or establishment in the United States, whether or not incorporated.;

“humanities” applies throughout its subchapter

The term “humanities” includes, but is not limited to, the study and interpretation of the following: language, both modern and classical; linguistics; literature; history; jurisprudence; philosophy; archeology; comparative religion; ethics; the history, criticism, and theory of the arts; those aspects of the social sciences which have humanistic content and employ humanistic methods; and the study and application of the humanities to the human environment with particular attention to reflecting our diverse heritage, traditions, and history and to the relevance of the humanities to the current conditions of national life.;

“local arts agency” applies throughout its subchapter

The term “local arts agency” means a community organization, or an agency of local government, that primarily provides financial support, services, or other programs for a variety of artists and arts organizations, for the benefit of the community as a whole.;

“obscene” applies throughout its subchapter

The term “obscene” means with respect to a project, production, workshop, or program that— (1) the average person, applying contemporary community standards, would find that such project, production, workshop, or program, when taken as a whole, appeals to the prurient interest; (2) such project, production, workshop, or program depicts or describes sexual conduct in a patently offensive way; and (3) such project, production, workshop, or program, when taken as a whole, lacks serious literary, artistic, political, or scientific value.

“production” applies throughout its subchapter

The term “production” means plays (with or without music), ballet, dance and choral performances, concerts, recitals, operas, exhibitions, readings, motion pictures, television, radio, film, video, and tape and sound recordings, and any other activities involving the execution or rendition of the arts and meeting such standards as may be approved by the National Endowment for the Arts established by section 954 of this title .;

“project” applies throughout its subchapter

The term “project” means programs organized to carry out the purposes of this subchapter, including programs to foster American artistic creativity, to commission works of art, to create opportunities for individuals to develop artistic talents when carried on as a part of a program otherwise included in this definition, and to develop and enhance the widest public knowledge and understanding of the arts, and includes, where appropriate, rental or purchase of facilities, purchase or rental of land, and acquisition of equipment.

“State” applies throughout its subchapter

The term “State” includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.;

“the arts” applies throughout its subchapter

The term “the arts” includes, but is not limited to, music (instrumental and vocal), dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, motion pictures, television, radio, film, video, tape and sound recording, the arts related to the presentation, performance, execution, and exhibition of such major art forms, all those traditional arts practiced by the diverse peoples of this country. 1 and the study and application of the arts to the human environment.;

“workshop” applies throughout its subchapter

The term “workshop” means an activity the primary purpose of which is to encourage the artistic development or enjoyment of amateur, student, or other nonprofessional participants, or to promote scholarship and teaching among the participants.;

“regional group” applies in that section

the term “regional group” means any multistate group, whether or not representative of contiguous States. (E) For purposes of paragraph (3)(B),

“State” applies in that section

the term “State” includes, in addition to the several States of the Union, only those special jurisdictions specified in section 952(g) of this title which have a population of 200,000 or more, according to the latest decennial census. (5) All amounts allotted or made available under paragraph (3) for a fiscal year which are not granted to a State during such year shall be available at the end of such year to the National Endowment for the Arts for the purpose of carrying out subsection (c).

“grant recipient” applies in that section

the term “grant recipient” include, in addition to the several States of the Union, only those special jurisdictions specified in section 952(g) of this title which have a population of 200,000 or more, according to the latest decennial census. (6) All amounts allotted or made available under paragraph (4) for a fiscal year which are not granted to any entity during such fiscal year shall be available to the National Endowment for the Humanities for the purpose of carrying out subsection (c).

“regional group” applies in that section

the term “regional group” means any multistate group, whether or not representative of contiguous States. (E) For purposes of paragraph (4)(B), the term “State” and

“on exhibition” applies in that section

the term “on exhibition” includes that period of time beginning on the date the eligible items leave the premises of the lender or place designated by the lender and ending on the date such items are returned to the premises of the lender or place designated by the lender.

“institution of higher education” applies throughout its chapter

the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title ; (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a …

“postsecondary vocational institution” applies in that section

the term “postsecondary vocational institution” means a school that— (A) provides an eligible program of training to prepare students for gainful employment in a recognized occupation; (B) meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001(a) of this title ; and (C) has been in existence for at least 2 years.

“proprietary institution of higher education” applies in that section

the term “proprietary institution of higher education” means a school that— (A) (i) provides an eligible program of training to prepare students for gainful employment in a recognized occupation; or (ii) (I) provides a program leading to a baccalaureate degree in liberal arts, and has provided such a program since January 1, 2009 ; and (II) is accredited by a recognized regional accrediting agency or association, and has continuously held such accreditation since October 1, 2007 , or earlier; (B) meets the requirements of paragraphs (1) and (2) of section 1001(a) of this title ; (C) does not meet the requirement of paragraph (4) of section 1001(a) of this title ; (D) is accredited by a …

“authorizing committees” applies throughout its chapter

The term “authorizing committees” means the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. (2) Combination of institutions of higher education

“combination of institutions of higher education” applies throughout its chapter

The term “combination of institutions of higher education” means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on the group’s behalf. (3) Critical foreign language Except as otherwise provided,

“critical foreign language” applies throughout its chapter

the term “critical foreign language” means each of the languages contained in the list of critical languages designated by the Secretary in the Federal Register on August 2, 1985 (50 Fed. Reg. 31412; promulgated under the authority of section 212(d) of the Education for Economic Security Act (repealed by section 2303 of the Augustus F. Hawkins-Robert T.

“Department” applies throughout its chapter

The term “Department” means the Department of Education. (5) Diploma mill

“diploma mill” applies throughout its chapter

The term “diploma mill” means an entity that— (A) (i) offers, for a fee, degrees, diplomas, or certificates, that may be used to represent to the general public that the individual possessing such a degree, diploma, or certificate has completed a program of postsecondary education or training; and (ii) requires such individual to complete little or no education or coursework to obtain such degree, diploma, or certificate; and (B) lacks accreditation by an accrediting agency or association that is recognized as an accrediting agency or association of institutions of higher education (as such term is defined in section 1002 of this title ) by— (i) the Secretary pursuant to subpart 2 of part H …

“disability” applies throughout its chapter

The term “disability” has the same meaning given that term under section 12102(2) of title 42 . (7) Distance education (A) In general Except as otherwise provided,

“distance education” applies throughout its chapter

the term “distance education” means education that uses one or more of the technologies described in subparagraph (B)— (i) to deliver instruction to students who are separated from the instructor; and (ii) to support regular and substantive interaction between the students and the instructor, synchronously or asynchronously.

“early childhood education program” applies throughout its chapter

The term “early childhood education program” means— (A) a Head Start program or an Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq.), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding; (B) a State licensed or regulated child care program; or (C) a program that— (i) serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and (ii) is— (I) a State prekindergarten program; (II) a program authorized under …

“elementary school” applies throughout its chapter

The term “elementary school” has the same meaning given that term under section 7801 of this title . (10) Gifted and talented

“Freely Associated States” applies throughout its chapter

The term “Freely Associated States” means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (22) State higher education agency

“gifted and talented” applies throughout its chapter

The term “gifted and talented” has the same meaning given that term under section 7801 of this title . (11) Local educational agency

“local educational agency” applies throughout its chapter

The term “local educational agency” has the same meaning given that term under section 7801 of this title . (12) New borrower The term “new borrower” when used with respect to any date means an individual who on that date has no outstanding balance of principal or interest owing on any loan made, insured, or guaranteed under subchapter IV. (13) Nonprofit The term “nonprofit” as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

“poverty line” applies throughout its chapter

The term “poverty line” means the poverty line (as defined in section 9902(2) of title 42 ) applicable to a family of the size involved. (15) School or department of divinity

“school or department of divinity” applies throughout its chapter

The term “school or department of divinity” means an institution, or a department or a branch of an institution, the program of instruction of which is designed for the education of students— (A) to prepare the students to become ministers of religion or to enter upon some other religious vocation (or to provide continuing training for any such vocation); or (B) to prepare the students to teach theological subjects. (16) Secondary school

“secondary school” applies throughout its chapter

The term “secondary school” has the same meaning given that term under section 7801 of this title . (17) Secretary

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Education. (18) Service-learning

“service-learning” applies throughout its chapter

The term “service-learning” has the same meaning given that term under section 12511(23) 1 of title 42. (19) Special education teacher

“special education teacher” applies throughout its chapter

The term “special education teacher” means teachers who teach children with disabilities as defined in section 602 of the Individuals with Disabilities Education Act. (20) State educational agency

“State” applies throughout its chapter

The term “State” includes, in addition to the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Freely Associated States. (B) Freely Associated States

“State educational agency” applies throughout its chapter

The term “State educational agency” has the same meaning given that term under section 7801 of this title . (21) State; Freely Associated States (A) State

“State higher education agency” applies throughout its chapter

The term “State higher education agency” means the officer or agency primarily responsible for the State supervision of higher education. (23) Universal design

“universal design” applies throughout its chapter

The term “universal design” has the meaning given the term in section 3002 of title 29 . (24) Universal design for learning

“universal design for learning” applies throughout its chapter

The term “universal design for learning” means a scientifically valid framework for guiding educational practice that— (A) provides flexibility in the ways information is presented, in the ways students respond or demonstrate knowledge and skills, and in the ways students are engaged; and (B) reduces barriers in instruction, provides appropriate accommodations, supports, and challenges, and maintains high achievement expectations for all students, including students with disabilities and students who are limited English proficient.

“official sanction” applies in that section

The term “official sanction”— (A) means expulsion, suspension, probation, censure, condemnation, reprimand, or any other disciplinary, coercive, or adverse action taken by an institution of higher education or administrative unit of the institution; and (B) includes an oral or written warning made by an official of an institution of higher education acting in the official capacity of the official. (2) Protected association

“protected association” applies in that section

The term “protected association” means the joining, assembling, and residing with others that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments. (3) Protected speech

“protected speech” applies in that section

The term “protected speech” means speech that is protected under the first and 14th amendments to the Constitution, or would be protected if the institution of higher education involved were subject to those amendments.

“contract” applies in that section

the term “contract” means any agreement for the acquisition by purchase, lease, or barter of property or services by the foreign source, for the direct benefit or use of either of the parties;

“foreign source” applies in that section

the term “foreign source” means— (A) a foreign government, including an agency of a foreign government; (B) a legal entity, governmental or otherwise, created solely under the laws of a foreign state or states; (C) an individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and (D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source;

“gift” applies in that section

the term “gift” means any gift of money or property;

“institution” applies in that section

the term “institution” means any institution, public or private, or, if a multicampus institution, any single campus of such institution, in any State, that— (A) is legally authorized within such State to provide a program of education beyond secondary school; (B) provides a program for which the institution awards a bachelor’s degree (or provides not less than a 2-year program which is acceptable for full credit toward such a degree) or more advanced degrees; and (C) is accredited by a nationally recognized accrediting agency or association and to which institution Federal financial assistance is extended (directly or indirectly through another entity or person), or which institution …

“restricted or conditional gift or contract” applies in that section

the term “restricted or conditional gift or contract” means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding— (A) the employment, assignment, or termination of faculty; (B) the establishment of departments, centers, research or lecture programs, or new faculty positions; (C) the selection or admission of students; or (D) the award of grants, loans, scholarships, fellowships, or other forms of financial aid restricted to students of a specified country, religion, sex, ethnic origin, or political opinion.

“Federal and State student financial assistance” applies in that section

the term “Federal and State student financial assistance” means any grant, loan, work assistance, tuition assistance, scholarship, fellowship, or other form of financial aid for pursuing a postsecondary education that is— (A) administered, sponsored, or supported by the Department of Education, the Department of Defense, the Department of Veterans Affairs, or a State; and (B) available to members of the Armed Forces (including members of the National Guard and Reserves), veterans, or the dependents of such members or veterans. (g) Promotion of availability of information concerning other student financial aid programs (1) Definition For purposes of this subsection,

“nondepartmental student financial assistance program” applies in that section

the term “nondepartmental student financial assistance program” means any grant, loan, scholarship, fellowship, or other form of financial aid for students pursuing a postsecondary education that is— (A) distributed directly to the student or to the student’s account at an institution of higher education; and (B) operated, sponsored, or supported by a Federal department or agency other than the Department of Education.

“College Navigator website” applies in that section

The term “College Navigator website” means the College Navigator website operated by the Department and includes any successor website. (2) Cost of attendance

“cost of attendance” applies in that section

The term “cost of attendance” means the average annual cost of tuition and fees, room and board, books, supplies, and transportation for an institution of higher education for a first-time, full-time undergraduate student enrolled in the institution. (3) Net price

“net price” applies in that section

The term “net price” means the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at an institution of higher education after deducting such aid, which shall be determined by calculating the difference between— (A) the institution’s cost of attendance for the year for which the determination is made; and (B) the quotient of— (i) the total amount of need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, provided to such students enrolled in the institution for such year; and (ii) the total number of such students receiving such need-based grant aid or merit-based grant aid for such year.

“tuition and fees” applies in that section

The term “tuition and fees” means the average annual cost of tuition and fees for an institution of higher education for first-time, full-time undergraduate students enrolled in the institution. (b) Calculations for public institutions In making the calculations regarding cost of attendance, net price, and tuition and fees under this section with respect to a public institution of higher education, the Secretary shall calculate the cost of attendance, net price, and tuition and fees at such institution in the manner described in subsection (a), except that— (1) the cost of attendance, net price, and tuition and fees shall be calculated for first-time, full-time undergraduate students …

“bundle” applies in that section

The term “bundle” means one or more college textbooks or other supplemental materials that may be packaged together to be sold as course materials for one price. (2) College textbook

“college textbook” applies in that section

The term “college textbook” means a textbook or a set of textbooks, used for, or in conjunction with, a course in postsecondary education at an institution of higher education. (3) Course schedule

“course schedule” applies in that section

The term “course schedule” means a listing of the courses or classes offered by an institution of higher education for an academic period, as defined by the institution. (4) Custom textbook

“custom textbook” applies in that section

The term “custom textbook”— (A) means a college textbook that is compiled by a publisher at the direction of a faculty member or other person or adopting entity in charge of selecting course materials at an institution of higher education; and (B) may include, alone or in combination, items such as selections from original instructor materials, previously copyrighted publisher materials, copyrighted third-party works, and elements unique to a specific institution, such as commemorative editions. (5) Institution of higher education

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given the term in section 1002 of this title . (6) Integrated textbook

“integrated textbook” applies in that section

The term “integrated textbook” means a college textbook that is— (A) combined with materials developed by a third party and that, by third-party contractual agreement, may not be offered by publishers separately from the college textbook with which the materials are combined; or (B) combined with other materials that are so interrelated with the content of the college textbook that the separation of the college textbook from the other materials would render the college textbook unusable for its intended purpose. (7) Publisher

“publisher” applies in that section

The term “publisher” means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce. (8) Substantial content

“substantial content” applies in that section

The term “substantial content” means parts of a college textbook such as new chapters, new material covering additional eras of time, new themes, or new subject matter. (9) Supplemental material

“supplemental material” applies in that section

The term “supplemental material” means educational material developed to accompany a college textbook that— (A) may include printed materials, computer disks, website access, and electronically distributed materials; and (B) is not being used as a component of an integrated textbook.

“member of a qualifying Federal service” applies in that section

the term “member of a qualifying Federal service” means— (1) a member of the armed forces (as defined in section 101 of title 10 ) who is on active duty for a period of more than 30 days (as defined in section 101 of title 10 ); (2) a member of the Foreign Service (as defined in section 3903 of title 22 ) who is on active duty for a period of more than 30 days; or (3) an officer or employee of an element of the intelligence community (as such term is defined in section 3003 of title 50 ) who serves in a position of employment in such element for a period of more than 30 days.

“eligible entity” applies in that section

the term “eligible entity” means— (1) a State higher education system; or (2) a consortium of State higher education systems, or a consortium of individual institutions of higher education, that is broadly representative of institutions in different sectors and geographic locations.

“commercial product” applies in that section

The term “commercial product” has the meaning given the term in section 103 of title 41 . (2) Commercial service

“commercial service” applies in that section

The term “commercial service” has the meaning given the term in section 103a of title 41 . (3) Competitive procedures

“competitive procedures” applies in that section

The term “competitive procedures” has the meaning given the term in section 152 of title 41 . (4) Single-source basis The term “single-source basis”, with respect to an award of a contract, means that the contract is awarded to a source after soliciting an offer or offers from, and negotiating with, only such source (although such source is not the only source in the marketplace capable of meeting the need) because such source is the most advantageous source for purposes of the award. (5) Special rules for commercial products and commercial services

“PBO” applies in that section

the term “PBO” includes the Chief Operating Officer of the PBO and any employee of the PBO exercising procurement authority under the preceding sentence. (b) In general Except as provided in this section, the PBO shall abide by all applicable Federal procurement laws and regulations when procuring property and services.

“special rules for commercial products and commercial services” applies in that section

The term “special rules for commercial products and commercial services” means the regulations set forth in the Federal Acquisition Regulation pursuant to sections 1901 and 3305(a) of title 41. (6) Special simplified procedures

“special simplified procedures” applies in that section

The term “special simplified procedures” means the procedures applicable to purchases of property and services for amounts not greater than the simplified acquisition threshold that are set forth in the Federal Acquisition Regulation pursuant to sections 1901(a)(1) and 3305(a)(1) of title 41.

“clearinghouse” applies in that section

The term “clearinghouse” means a public or private entity that processes or facilitates the processing of nonstandard data elements into data elements conforming to standards adopted under this section. (2) Standard setting organization

“standard setting organization” applies in that section

The term “standard setting organization” means an organization that— (A) is accredited by the American National Standards Institute; (B) develops standards for information transactions, data elements, or any other standard that is necessary to, or will facilitate, the implementation of this section; and (C) is open to the participation of the various entities engaged in the delivery of Federal student financial assistance. (3) Voluntary consensus standard

“voluntary consensus standard” applies in that section

The term “voluntary consensus standard” means a standard developed or used by a standard setting organization described in paragraph (2).

“agent” applies throughout its part

The term “agent” means an officer or employee of a covered institution or an institution-affiliated organization. (2) Covered institution

“covered institution” applies throughout its part

The term “covered institution” means any institution of higher education, as such term is defined in section 1002 of this title , that receives any Federal funding or assistance. (3) Education loan The term “education loan” (except when used as part of the term “private education loan”) means— (A) any loan made, insured, or guaranteed under part B of subchapter IV; (B) any loan made under part D of subchapter IV; or (C) a private education loan. (4) Eligible lender

“eligible lender” applies throughout its part

The term “eligible lender” has the meaning given such term in section 1085(d) of this title . (5) Institution-affiliated organization

“institution-affiliated organization” applies throughout its part

The term “institution-affiliated organization”— (A) means any organization that— (i) is directly or indirectly related to a covered institution; and (ii) is engaged in the practice of recommending, promoting, or endorsing education loans for students attending such covered institution or the families of such students; (B) may include an alumni organization, athletic organization, foundation, or social, academic, or professional organization, of a covered institution; and (C) notwithstanding subparagraphs (A) and (B), does not include any lender with respect to any education loan secured, made, or extended by such lender.

“officer” applies throughout its part

The term “officer” includes a director or trustee of a covered institution or institution-affiliated organization, if such individual is treated as an employee of such covered institution or institution-affiliated organization, respectively. (8) Preferred lender arrangement

“preferred lender arrangement” applies throughout its part

The term “preferred lender arrangement”— (A) means an arrangement or agreement between a lender and a covered institution or an institution-affiliated organization of such covered institution— (i) under which a lender provides or otherwise issues education loans to the students attending such covered institution or the families of such students; and (ii) that relates to such covered institution or such institution-affiliated organization recommending, promoting, or endorsing the education loan products of the lender; and (B) does not include— (i) arrangements or agreements with respect to loans under part D of subchapter IV; or (ii) arrangements or agreements with respect to loans that …

“private education loan” applies throughout its part

The term “private education loan” has the meaning given the term in section 1650 of title 15 .

“arts and sciences” applies throughout its subchapter

The term “arts and sciences” means— (A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and (B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit. (2) Children from low-income families

“children from low-income families” applies throughout its subchapter

The term “children from low-income families” means children described in section 6333(c)(1)(A) of this title . (3) Core academic subjects

“core academic subjects” applies throughout its subchapter

The term “core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography. (4) Early childhood educator

“early childhood educator” applies throughout its subchapter

The term “early childhood educator” means an individual with primary responsibility for the education of children in an early childhood education program. (5) Educational service agency

“educational service agency” applies throughout its subchapter

The term “educational service agency” has the meaning given the term in section 7801 of this title . (6) Eligible partnership Except as otherwise provided in section 1034 of this title ,

“eligible partnership” applies throughout its subchapter

the term “eligible partnership” means an entity that— (A) shall include— (i) a high-need local educational agency; (ii) (I) a high-need school or a consortium of high-need schools served by the high-need local educational agency; or (II) as applicable, a high-need early childhood education program; (iii) a partner institution; (iv) a school, department, or program of education within such partner institution, which may include an existing teacher professional development program with proven outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this …

“essential components of reading instruction” applies throughout its subchapter

The term “essential components of reading instruction” has the meaning given the term in section 6368 of this title as such section was in effect on the day before December 10, 2015 . (8) Exemplary teacher

“exemplary teacher” applies throughout its subchapter

The term “exemplary teacher” has the meaning given the term in section 7801 of this title as such section was in effect on the day before December 10, 2015 . (9) High-need early childhood education program