20 USC CHAPTER 55, SUBCHAPTER II: GENERAL PROVISIONS

From Title 20—EDUCATIONCHAPTER 55—EDUCATION OF THE DEAF

SUBCHAPTER II—GENERAL PROVISIONS

Editorial Notes

Prior Provisions

A prior subchapter II of this chapter, consisting of sections 4331 and 4332 of this title, was redesignated part B of subchapter I of this chapter by Pub. L. 102–421, title I, §101(b)(3), Oct. 16, 1992, 106 Stat. 2151.

§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, §201, formerly title IV, §401, Aug. 4, 1986, 100 Stat. 789; renumbered title II, §201, and amended Pub. L. 102–421, title I, §§101(b)(5), (6), 131, 151(a)(3), (b), Oct. 16, 1992, 106 Stat. 2151, 2155, 2164; Pub. L. 103–73, title II, §204(a), Aug. 11, 1993, 107 Stat. 734; Pub. L. 105–244, title IX, §915, Oct. 7, 1998, 112 Stat. 1830.)

Editorial Notes

Prior Provisions

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

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

Amendments

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

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

1993—Pub. L. 103–73 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.

1992—Par. (1). Pub. L. 102–421, §131(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 section 4303 of this title."

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

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

Par. (4). Pub. L. 102–421, §151(b)(3), 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."

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

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

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

Statutory Notes and Related Subsidiaries

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 of 1992 Amendment

Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

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

§4352. Gifts

The University and NTID are authorized to receive by gift, devise, bequest, purchase, or otherwise, property, both real and personal, for the use of the University or NTID, or for the use, as appropriate, for any programs, departments, or other units as may be designated in the conveyance or will, and to hold, invest, use, or dispose of such property for the purpose stated in the conveyance or will.

(Pub. L. 99–371, title II, §202, formerly title IV, §402, Aug. 4, 1986, 100 Stat. 789; renumbered title II, §202, and amended Pub. L. 102–421, title I, §§101(b)(5), (6), 132, Oct. 16, 1992, 106 Stat. 2151, 2156.)

Editorial Notes

Prior Provisions

A prior section 202 of Pub. L. 99–371 was renumbered section 112 and is classified to section 4332 of this title.

Provisions similar to subsec. (a) of this section were contained in section 691c of this title prior to repeal by Pub. L. 99–371.

Amendments

1992—Pub. L. 102–421, §132, amended section generally. Prior to amendment, section read as follows:

"(a) Gallaudet University.—Gallaudet University is authorized to receive by gift, devise, bequest, purchase, or otherwise, property, both real and personal, for the use of Gallaudet University, or for the use of any of its departments or other units as may be designated in the conveyance or will, and to hold, invest, use, or dispose of such property for the purpose stated in the conveyance or will.

"(b) National Technical Institute for the Deaf.—The National Technical Institute for the Deaf is authorized to receive by gift, devise, bequest, purchase, or otherwise, property, both real and personal, for the use of the Institute, or for the use of any of its programs as may be designated in the conveyance or will, and to hold, invest, use, or dispose of such property for the purpose stated in the conveyance or will."

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

§4353. Audit

(a) Government Accountability Office authority

All financial transactions and accounts of the corporation or institution of higher education, as the case may be, in connection with the expenditure of any moneys appropriated by any law of the United States—

(1) for the benefit of Gallaudet University or for the construction of facilities for its use; or

(2) for the benefit of the National Technical Institute for the Deaf or for the construction of facilities for its use,

shall be settled and adjusted in the Government Accountability Office.

(b) Independent financial and compliance audit

(1) In general

Gallaudet University shall have an annual independent financial and compliance audit made of the programs and activities of the University, including the national mission and school operations of the elementary and secondary education programs at Gallaudet. The institution of higher education with which the Secretary has an agreement under section 4332 of this title shall have an annual independent financial and compliance audit made of the programs and activities of such institution of higher education, including NTID, and containing specific schedules and analyses for all NTID funds, as determined by the Secretary.

(2) Compliance

As used in paragraph (1), compliance means compliance with sections 4302(b), 4305(b)(4), 4332(b)(5), 4353(c),¹ 4357(b)(2) of this title, subsections (c) through (f) of section 4357 of this title, and subsections (a), (b), and (c) of section 4359a of this title.

(3) Submission of audits

A copy of each audit described in paragraph (1) shall be provided to the Secretary and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate within 15 days of acceptance of the audit by the University or the institution authorized to establish and operate the NTID under section 4332(a) of this title, as the case may be, but not later than January 10 of each year.

(c) Limitations regarding expenditure of funds

(1) In general

No funds appropriated under this chapter for Gallaudet University, including the Kendall Demonstration Elementary School and the Model Secondary School for the Deaf, or for the National Technical Institute for the Deaf may be expended on the following:

(A) Alcoholic beverages.

(B) Goods or services for personal use.

(C) Housing and personal living expenses (but only to the extent such expenses are not required by written employment agreement).

(D) Lobbying, except that nothing in this subparagraph shall be construed to prohibit the University and NTID from educating the Congress, the Secretary, and others regarding programs, projects, and activities conducted at those institutions.

(E) Membership in country clubs and social or dining clubs and organizations.

(2) Policies

(A) Not later than 180 days after October 16, 1992, the University and NTID shall develop policies, to be applied uniformly, for the allowability of expenditures for each institution. These policies should reflect the unique nature of these institutions. The principles established by the Office of Management and Budget for costs of educational institutions may be used as guidance in developing these policies. General principles relating to allowability and reasonableness of all costs associated with the operations of the institutions shall be addressed. These policies shall be submitted to the Secretary for review and comments, and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.

(B) Policies under subparagraph (A) shall include the following:

(i) Noninstitutional professional activities.

(ii) Fringe benefits.

(iii) Interest on loans.

(iv) Rental cost of buildings and equipment.

(v) Sabbatical leave.

(vi) Severance pay.

(vii) Travel.

(viii) Royalties and other costs for uses of patents.

(Pub. L. 99–371, title II, §203, formerly title IV, §403, Aug. 4, 1986, 100 Stat. 790; renumbered title II, §203, and amended Pub. L. 102–421, title I, §§101(b)(5), (6), 133, Oct. 16, 1992, 106 Stat. 2151, 2156; Pub. L. 103–73, title II, §§202, 204(b), Aug. 11, 1993, 107 Stat. 732, 734; Pub. L. 105–244, title IX, §916, Oct. 7, 1998, 112 Stat. 1830; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–315, title IX, §905, Aug. 14, 2008, 122 Stat. 3452; Pub. L. 111–39, title VIII, §802(b), July 1, 2009, 123 Stat. 1957.)

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 691f of this title prior to repeal by Pub. L. 99–371.

Amendments

2009—Subsec. (b)(2). Pub. L. 111–39 substituted "and subsections (a), (b), and (c) of section 4359a of this title." for "and subsections (b) and (c) of section 4359a of this title."

2008—Subsec. (b)(2). Pub. L. 110–315, §905(1)(A), substituted "sections 4302(b), 4305(b)(4), 4332(b)(5), 4353(c), 4357(b)(2) of this title, subsections (c) through (f) of section 4357 of this title, and subsections (b) and (c) of section 4359a of this title" for "sections 4302(b), 4305(b)(4), 4332(b)(5) of this title, and subsection (c) of this section, paragraphs (2) and (3) of section 4357(b) of this title, subsections (b)(2), (b)(3), and (c) through (f), of section 4357 of this title, and subsections (b) and (c) of section 4359a of this title".

Subsec. (b)(3). Pub. L. 110–315, §905(1)(B), inserted "and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate" after "Secretary".

Subsec. (c)(2)(A). Pub. L. 110–315, §905(2), substituted "Committee on Health, Education, Labor, and Pensions of the Senate" for "Committee on Labor and Human Resources of the Senate".

2004—Subsec. (a). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in heading and text.

1998—Subsec. (b). Pub. L. 105–244 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Gallaudet University shall have an annual independent financial audit made of the programs and activities of the University. The institution of higher education with which the Secretary has an agreement under section 4332 of this title shall have an annual independent financial audit made of the programs and activities of such institution of higher education, including NTID, and containing specific schedules and analyses for all NTID funds, as determined by the Secretary."

1993—Subsec. (b). Pub. L. 103–73, §204(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: "Gallaudet University and the institution of higher education operating the National Technical Institute for the Deaf shall have an annual independent audit made of the programs and activities of the University and of NTID, respectively."

Pub. L. 103–73, §202, substituted "NTID" for "the Institute".

1992—Subsec. (c). Pub. L. 102–421, §133, added subsec. (c).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

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 of 1992 Amendment

Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

¹ So in original. Probably should be followed by "and".

§4354. Reports

The Board of Trustees of Gallaudet University and the Board of Trustees or other governing body of the institution of higher education with which the Secretary has an agreement under section 4332 of this title shall prepare and submit an annual report to the Secretary, and to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than 100 days after the end of each fiscal year, which shall include the following:

(1) The number of students during the preceding academic year who enrolled and whether these were first-time enrollments, who graduated, who found employment, or who left without completing a program of study, reported under each of the programs of the University (elementary, secondary, undergraduate, and graduate) and of NTID.

(2) For the preceding academic year, and to the extent possible, the following data on individuals who are deaf and from minority backgrounds and who are students (at all educational levels) or employees:

(A) The number of students enrolled full- and part-time.

(B) The number of these students who completed or graduated from each of the educational programs.

(C) The disposition of these students on the date that is one year after the date of graduation or completion of programs at NTID and at the University and its elementary and secondary schools in comparison to students from non-minority backgrounds.

(D) The number of students needing and receiving support services (such as tutoring and counseling) at all educational levels.

(E) The number of recruitment activities by type and location for all educational levels.

(F) Employment openings/vacancies and grade level/type of job and number of these individuals that applied and that were hired.

(G) Strategies (such as parent groups and training classes in the development of individualized education programs) used by the elementary and secondary programs and the extension centers to reach and actively involve minority parents in the educational programs of their children who are deaf or hard of hearing and the number of parents who have been served as a result of these activities.

(3)(A) A summary of the annual audited financial statements and auditor's report of the University, as required under section 4353 of this title, and (B) a summary of the annual audited financial statements and auditor's report of NTID programs and activities, and such supplementary schedules presenting financial information for NTID for the end of the Federal fiscal year as determined by the Secretary.

(4) For the preceding fiscal year, a statement showing the receipts of the University and NTID and from what Federal sources, and a statement showing the expenditures of each institution by function, activity, and administrative and academic unit.

(5) A statement showing the use of funds (both corpus and income) provided by the Federal Endowment Program under section 4357 of this title.

(6) A statement showing how such Endowment Program funds are invested, what the gains or losses (both realized and unrealized) on such investments were for the most recent fiscal year, and what changes were made in investments during that year.

(7) Such additional information as the Secretary may consider necessary.

(Pub. L. 99–371, title II, §204, formerly title IV, §404, Aug. 4, 1986, 100 Stat. 790; renumbered title II, §204, and amended Pub. L. 102–421, title I, §§101(b)(5), (6), 134, Oct. 16, 1992, 106 Stat. 2151, 2157; Pub. L. 103–73, title II, §204(c), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105–244, title IX, §917, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, §906, Aug. 14, 2008, 122 Stat. 3453.)

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 691f of this title prior to repeal by Pub. L. 99–371.

Amendments

2008—Pub. L. 110–315, §906(1), substituted "Committee on Health, Education, Labor, and Pensions of the Senate" for "Committee on Labor and Human Resources of the Senate" in introductory provisions.

Par. (1). Pub. L. 110–315, §906(2), struck out "preparatory," after "secondary,".

Par. (2)(C). Pub. L. 110–315, §906(3), substituted "on the date that is one year after the date of graduation or completion" for "upon graduation/completion".

Par. (3)(B). Pub. L. 110–315, §906(4), substituted "of NTID programs and activities" for "of the institution of higher education with which the Secretary has an agreement under section 4332 of this title, including specific schedules and analyses for all NTID funds, as required under section 4353 of this title".

1998—Par. (3). Pub. L. 105–244 substituted "A summary of the annual" for "The annual" in subpar. (A) and substituted "a summary of the annual" for "the annual" in subpar. (B).

1993—Par. (1). Pub. L. 103–73, §204(c)(1), substituted "first-time" for "first time".

Par. (2)(G). Pub. L. 103–73, §204(c)(2), substituted "individualized education programs" for "Individualized Education Programs" and "children who are deaf or hard of hearing" for "children who are deaf".

Par. (3). Pub. L. 103–73, §204(c)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The annual audited financial statements of the University and NTID, respectively, together with the auditor's report."

Par. (6). Pub. L. 103–73, §204(c)(4), substituted "Program funds are" for "Program is".

1992—Pub. L. 102–421, §134, amended section generally, substituting present provisions for provisions requiring annual reports from Board of Trustees of Gallaudet University and National Technical Institute for the Deaf and providing for an annual monitoring and evaluation report.

Statutory Notes and Related Subsidiaries

Change of Name

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 of 1992 Amendment

Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

§4355. Monitoring, evaluation, and reporting

(a) Activities

The Secretary shall conduct monitoring and evaluation activities of the education programs and activities and the administrative operations of the University (including the elementary, secondary, undergraduate, and graduate programs) and of NTID. The Secretary may also conduct studies related to the provision of preschool, elementary, secondary, and postsecondary education and other related services to individuals who are deaf or hard of hearing. In carrying out the responsibilities described in this section, the Secretary is authorized to employ such consultants as may be necessary pursuant to section 3109 of title 5.

(b) Report

The Secretary shall annually transmit information to Congress on the monitoring and evaluation activities pursuant to subsection (a), together with such recommendations, including recommendations for legislation, as the Secretary may consider necessary.

(c) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2014 to carry out the monitoring and evaluation activities authorized under this section.

(Pub. L. 99–371, title II, §205, formerly title IV, §405, Aug. 4, 1986, 100 Stat. 790; renumbered title II, §205, and amended Pub. L. 102–421, title I, §§101(b)(5), (6), 135(a), Oct. 16, 1992, 106 Stat. 2151, 2158; Pub. L. 103–73, title II, §204(d), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105–244, title IX, §918, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, §907, Aug. 14, 2008, 122 Stat. 3453.)

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–315, §907(1), struck out "preparatory," before "undergraduate".

Subsec. (b). Pub. L. 110–315, §907(2), substituted "The Secretary shall annually transmit information to Congress on" for "The Secretary, as part of the annual report required under section 3486 of this title, shall include a description of".

Subsec. (c). Pub. L. 110–315, §907(3), substituted "fiscal years 2009 through 2014" for "fiscal years 1998 through 2003".

1998—Subsec. (c). Pub. L. 105–244 substituted "1998 through 2003" for "1993, 1994, 1995, 1996, and 1997".

1993—Subsec. (a). Pub. L. 103–73 substituted "individuals who are deaf or hard of hearing" for "individuals who are deaf" and struck out "the provisions of" after "pursuant to".

1992—Pub. L. 102–421, §135(a), amended section generally. Prior to amendment, section read as follows: "The Secretary shall conduct monitoring and evaluation activities of the education programs and activities and the administrative operations of Gallaudet University and of the National Technical Institute for the Deaf. In carrying out the responsibilities described in this section, the Secretary is authorized to employ such consultants as may be necessary pursuant to the provisions of section 3109 of title 5."

Statutory Notes and Related Subsidiaries

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 of 1992 Amendment

Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

§4356. Liaison for educational programs

(a) Designation of liaison

The Secretary shall designate an individual in the Office of Special Education and Rehabilitative Services of the Department of Education from among individuals who have experience in the education of individuals who are deaf to serve as liaison between the Department and Gallaudet University, the National Technical Institute for the Deaf, and other postsecondary educational programs for individuals who are deaf under the Individuals with Disabilities Education Act [20 U.S.C. 1400 et seq.], the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.], and other Federal or non-Federal agencies, institutions, or organizations involved with the education or rehabilitation of individuals who are deaf or hard of hearing.

(b) Duties of liaison

The individual serving as liaison for educational programs for individuals who are deaf or hard of hearing shall:

(1) provide information to institutions regarding the Department's efforts directly affecting the operation of such programs by such institutions;

(2) review research and other activities carried out by the University, NTID, and other Federal or non-Federal agencies, institutions, or organizations involved with the education or rehabilitation of individuals who are deaf or hard of hearing for the purpose of determining overlap and opportunities for coordination among such entities; and

(3) provide such support and assistance as such institutions may request and the Secretary considers appropriate.

(c) Authority of Secretary

Nothing in this section may be construed to affect the authority of the Secretary under this chapter or any other Act with respect to Gallaudet University or the National Technical Institute for the Deaf.

(Pub. L. 99–371, title II, §206, formerly title IV, §406, Aug. 4, 1986, 100 Stat. 790; Pub. L. 101–476, title IX, §901(a)(2), Oct. 30, 1990, 104 Stat. 1142; renumbered title II, §206, and amended Pub. L. 102–421, title I, §§101(b)(5), (6), 136, 151(a)(4), (5), Oct. 16, 1992, 106 Stat. 2151, 2159, 2164; Pub. L. 103–73, title II, §204(e), Aug. 11, 1993, 107 Stat. 735; Pub. L. 110–315, title IX, §908, Aug. 14, 2008, 122 Stat. 3453.)

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (a), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§1400 et seq.) of this title. For complete classification of this Act to the Code, see section 1400 of this title and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (a), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Amendments

2008—Subsec. (a). Pub. L. 110–315 substituted "The" for "Not later than 30 days after August 4, 1986, the".

1993—Subsec. (b). Pub. L. 103–73, which directed amendment of subsec. (b) by inserting "or hard of hearing" after "individuals who are deaf", was executed by making the insertion in introductory provisions but not in par. (2) to reflect the probable intent of Congress.

1992—Pub. L. 102–421, §151(a)(5), struck out "for the deaf" after "educational programs" in section catchline.

Subsec. (a). Pub. L. 102–421, §151(a)(4), substituted "individuals who are deaf" for "the deaf" in two places.

Pub. L. 102–421, §136(1), substituted ", the Rehabilitation Act of 1973, and other Federal or non-Federal agencies, institutions, or organizations involved with the education or rehabilitation of individuals who are deaf or hard of hearing." for "and the Rehabilitation Act of 1973."

Subsec. (b). Pub. L. 102–421, §151(a)(4), substituted "individuals who are deaf" for "the deaf" in introductory provisions.

Subsec. (b)(1) to (3). Pub. L. 102–421, §136(2), struck out "and" at end of par. (1), added par. (2), and redesignated former par. (2) as (3).

1990—Subsec. (a). Pub. L. 101–476 substituted "Individuals with Disabilities Education Act" for "Education of the Handicapped Act".

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–476 effective Oct. 1, 1990, see section 1001 of Pub. L. 101–476, set out as a note under section 1087ee of this title.

§4357. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf

(a) Establishment of programs

(1) The Secretary and the Board of Trustees of Gallaudet University are authorized to establish the Gallaudet University Federal Endowment Fund as a permanent endowment fund, in accordance with this section, for the purpose of promoting the financial independence of the University. The Secretary and the Board of Trustees may enter into such agreements as may be necessary to carry out the purposes of this section with respect to the University.

(2) The Secretary and the Board of Trustees or other governing body of the institution of higher education with which the Secretary has an agreement under section 4332 of this title are authorized to establish the National Technical Institute for the Deaf Federal Endowment Fund as a permanent endowment fund, in accordance with this section, for the purpose of promoting the financial independence of NTID. The Secretary and the Board or other governing body may enter into such agreements as may be necessary to carry out the purposes of this section with respect to NTID.

(b) Federal payments

(1) The Secretary shall, consistent with this section, make payments to the Federal endowment funds established under subsection (a) from amounts appropriated under subsection (h) for the fund involved.

(2) Subject to the availability of appropriations, the Secretary shall make payments to each Federal endowment fund in amounts equal to sums contributed to the fund from non-Federal sources during the fiscal year in which the appropriations are made available (excluding transfers from other endowment funds of the institution involved).

(c) Investments

(1) Except as provided in subsection (e), the University and NTID, respectively, shall invest the Federal contribution of its Federal endowment fund corpus and income in instruments and securities offered through one or more cooperative service organizations of operating educational organizations under section 501(f) of title 26, or in low-risk instruments and securities in which a regulated insurance company may invest under the laws of the State in which the institution involved is located.

(2) In managing the investment of its Federal endowment fund, the University or NTID shall exercise the judgment and care, under the prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of that person's own business affairs.

(3) Neither the University nor NTID may invest its Federal endowment fund corpus or income in real estate, or in instruments or securities issued by an organization in which an executive officer, a member of the Board of Trustees of the University or of the host institution, or a member of the advisory group established under section 4332 of this title is a controlling shareholder, director, or owner within the meaning of Federal securities laws and other applicable laws. Neither the University nor NTID may assign, hypothocate,¹ encumber, or create a lien on the Federal endowment fund corpus without specific written authorization of the Secretary.

(d) Withdrawals and expenditures

(1) Except as provided in paragraph (3)(B), neither the University nor NTID may withdraw or expend any of the corpus of its Federal endowment fund.

(2)(A) The University and NTID, respectively, may withdraw or expend the income of its Federal endowment fund only for expenses necessary to the operation of that institution, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, technical assistance, and research.

(B) Neither the University nor NTID may withdraw or expend the income of its Federal endowment fund for any commercial purpose.

(C) The University and NTID shall maintain records of the income generated from its respective Federal endowment fund for the prior fiscal year.

(3)(A) Except as provided in subparagraph (B), the University and NTID, respectively, may, on an annual basis, withdraw or expend not more than 50 percent of the income generated from its Federal endowment fund from the current fiscal year.

(B) The Secretary may permit the University or NTID to withdraw or expend a portion of its Federal endowment fund corpus or more than 50 percent of the income generated from its Federal endowment fund from the prior fiscal year if the institution involved demonstrates, to the Secretary's satisfaction, that such withdrawal or expenditure is necessary because of—

(i) a financial emergency, such as a pending insolvency or temporary liquidity problem;

(ii) a life-threatening situation occasioned by natural disaster or arson; or

(iii) another unusual occurrence or exigent circumstance.

(e) Investment and expenditure flexibility

The corpus associated with a Federal payment (and its non-Federal match) made to the Federal endowment fund of the University or NTID shall not be subject to the investment limitations of subsection (c)(1) after 10 fiscal years following the fiscal year in which the funds are matched, and the income generated from such corpus after the tenth fiscal year described in this subsection shall not be subject to such investment limitations or to the withdrawal and expenditure limitations of subsection (d)(3).

(f) Recovery of payments

After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal payments under this section if the University or NTID—

(1) makes a withdrawal or expenditure of the corpus or income of its Federal endowment fund that is not consistent with this section;

(2) fails to comply with the investment standards and limitations under this section; or

(3) fails to account properly to the Secretary concerning the investment of or expenditures from the Federal endowment fund corpus or income.

(g) Definitions

As used in this section:

(1) The term "corpus", with respect to a Federal endowment fund under this section, means an amount equal to the Federal payments to such fund, amounts contributed to the fund from non-Federal sources, and appreciation from capital gains and reinvestment of income.

(2) The term "Federal endowment fund" means a fund, or a tax-exempt foundation, established and maintained pursuant to this section by the University or NTID, as the case may be, for the purpose of generating income for the support of the institution involved.

(3) The term "income", with respect to a Federal endowment fund under this section, means an amount equal to the dividends and interest accruing from investments of the corpus of such fund.

(4) The term "institution involved" means the University or NTID, as the case may be.

(h) Authorization of appropriations

(1) In the case of the University, there are authorized to be appropriated for the purposes of this section such sums as may be necessary for each of the fiscal years 2009 through 2014.

(2) In the case of NTID, there are authorized to be appropriated for the purposes of this section such sums as may be necessary for each of the fiscal years 2009 through 2014.

(3) Amounts appropriated under paragraph (1) or (2) shall remain available until expended.

(i) Effective date

The provisions of this section shall take effect as if included in this chapter as enacted on August 4, 1986.

(Pub. L. 99–371, title II, §207, as added Pub. L. 102–421, title I, §137(2), Oct. 16, 1992, 106 Stat. 2159; amended Pub. L. 103–73, title II, §204(f), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105–244, title IX, §919, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, §909, Aug. 14, 2008, 122 Stat. 3453.)

Editorial Notes

Prior Provisions

A prior section 4357, Pub. L. 99–371, title II, §207, formerly title IV, §407, Aug. 4, 1986, 100 Stat. 791; renumbered title II, §207, Pub. L. 102–421, title I, §101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, provided for Gallaudet University Federal endowment program, prior to repeal effective Oct. 1, 1992, by Pub. L. 102–421, title I, §§137(1), 161, Oct. 16, 1992, 106 Stat. 2159, 2164.

Amendments

2008—Subsec. (h)(1), (2). Pub. L. 110–315 substituted "fiscal years 2009 through 2014" for "fiscal years 1998 through 2003".

1998—Subsec. (b)(2). Pub. L. 105–244, §919(1)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Subject to the availability of appropriations and the non-Federal matching requirements of paragraph (3), the Secretary shall make payments to each Federal endowment fund in amounts equal to sums contributed to the fund from non-Federal sources (excluding transfers from other endowment funds of the institution involved)."

Subsec. (b)(3). Pub. L. 105–244, §919(1)(B), struck out par. (3) which read as follows: "Effective for fiscal year 1993 and each succeeding fiscal year, for any fiscal year in which the sums contributed to the Federal endowment fund of the institution involved from non-Federal sources exceed $1,000,000, the non-Federal contribution to the Federal endowment fund shall be $2 for each Federal dollar provided in excess of $1,000,000 (excluding transfers from other endowment funds of the institution involved)."

Subsec. (c)(1). Pub. L. 105–244, §919(2), inserted "the Federal contribution of" after "shall invest".

Subsec. (d)(2)(C). Pub. L. 105–244, §919(3)(A), substituted "The University" for "Beginning on October 1, 1992, the University".

Subsec. (d)(3)(A). Pub. L. 105–244, §919(3)(B), substituted "current" for "prior".

Subsec. (h)(1), (2). Pub. L. 105–244, §919(4), substituted "1998 through 2003" for "1993 through 1997".

1993—Subsec. (c)(3). Pub. L. 103–73, §204(f)(1), substituted "advisory group established under section 4332 of this title" for "Advisory Board of NTID".

Subsec. (e). Pub. L. 103–73, §204(f)(2), substituted "such investment limitations or" for "such investment limitations and".

Subsec. (i). Pub. L. 103–73, §204(f)(3), substituted "this chapter as enacted on August 4, 1986" for "the provisions of the Education of the Deaf Act of 1986".

Statutory Notes and Related Subsidiaries

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.

¹ So in original. Probably should be "hypothecate,"

§4358. Repealed. Pub. L. 105–244, title IX, §920, Oct. 7, 1998, 112 Stat. 1831

Section, Pub. L. 99–371, title II, §208, as added Pub. L. 102–421, title I, §138, Oct. 16, 1992, 106 Stat. 2162, related to scholarship program for deaf education or special education careers.

A prior section 4358, Pub. L. 99–371, title II, §208, formerly title IV, §408, Aug. 4, 1986, 100 Stat. 792; renumbered title II, §208, Pub. L. 102–421, title I, §101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, provided for a National Technical Institute for the Deaf endowment program, prior to repeal effective Oct. 1, 1992, by Pub. L. 102–421, title I, §§137(1), 161, Oct. 16, 1992, 106 Stat. 2159, 2164. See section 4357 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title.

§4359. Oversight and effect of agreements

(a) Oversight activities

Nothing in this chapter shall be construed to diminish the oversight activities of the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate with respect to any agreement entered into between the Secretary of Education and Gallaudet University, and the institution of higher education with which the Secretary has an agreement under part B of subchapter I.

(b) Construction of agreements

The agreements described in subsection (a) of this section shall continue in effect, to the extent that such agreements are not inconsistent with this chapter.

(Pub. L. 99–371, title II, §208, formerly title IV, §409, Aug. 4, 1986, 100 Stat. 794; renumbered title II, §209, Pub. L. 102–421, title I, §101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151; amended Pub. L. 103–73, title II, §204(g), Aug. 11, 1993, 107 Stat. 735; renumbered §208 and amended Pub. L. 105–244, title IX, §921, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, §910, Aug. 14, 2008, 122 Stat. 3453.)

Editorial Notes

Prior Provisions

A prior section 208 of Pub. L. 99–371 was classified to section 4358 of this title, prior to repeal by Pub. L. 105–244.

Another prior section 208 of Pub. L. 99–371 was classified to section 4358 of this title, prior to repeal by Pub. L. 102–421.

Amendments

2008—Subsec. (a). Pub. L. 110–315 substituted "Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate" for "Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives".

1998—Subsec. (a). Pub. L. 105–244, §921(1), substituted "Committee on Education and the Workforce" for "Committee on Education and Labor".

1993—Subsec. (a). Pub. L. 103–73, §204(g)(1), substituted "an agreement under part B of subchapter I" for "an agreement under title II".

Subsec. (b). Pub. L. 103–73, §204(g)(2), struck out "the provisions of" after "inconsistent with".

Statutory Notes and Related Subsidiaries

Change of Name

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.

§4359a. International students

(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.)

Editorial Notes

Prior Provisions

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

Amendments

2008—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 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

Section 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.

§4359b. Research priorities

(a) Research priorities

Gallaudet University and the National Technical Institute for the Deaf shall each establish and disseminate priorities for their national mission with respect to deafness related research, development, and demonstration activities, that reflect public input, through a process that includes consumers, constituent groups, and the heads of other federally funded programs. The priorities for the University shall include activities conducted as part of the University's elementary and secondary education programs under section 4304 of this title.

(b) Research reports

The University and NTID shall each prepare and submit an annual research report, to the Secretary, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than January 10 of each year, that shall include—

(1) a summary of the public input received as part of the establishment and dissemination of priorities required by subsection (a), and the University's and NTID's response to the input; and

(2) a summary description of the research undertaken by the University and NTID, the start and projected end dates for each research project, the projected cost and source or sources of funding for each project, and any products resulting from research completed in the prior fiscal year.

(Pub. L. 99–371, title II, §210, as added Pub. L. 105–244, title IX, §923, Oct. 7, 1998, 112 Stat. 1832; amended Pub. L. 110–315, title IX, §912, Aug. 14, 2008, 122 Stat. 3455.)

Editorial Notes

Prior Provisions

A prior section 210 of Pub. L. 99–371 was renumbered section 209 and is classified to section 4359a of this title.

Another prior section 210 of title II of Pub. L. 99–371, formerly title IV, §410, Aug. 4, 1986, 100 Stat. 794; renumbered title II, §210, Pub. L. 102–241, title I, §101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, repealed sections 681 to 685, 691 to 691g, 693 to 693b, and 695 to 695c of this title and provisions set out as notes under sections 681 and 693 of this title, prior to repeal by Pub. L. 102–421, title I, §139, Oct. 16, 1992, 106 Stat. 2163.

Amendments

2008—Subsec. (b). Pub. L. 110–315 substituted "Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate" for "Committee on Education and the Workforce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate".

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title.

§4360. National study on the education of the deaf

(a) Conduct of study

(1) In general

The Secretary shall establish a commission on the education of the deaf (in this section referred to as the "commission") to conduct a national study on the education of the deaf, to identify education-related barriers to successful postsecondary education experiences and employment for individuals who are deaf, and those education-related factors that contribute to successful postsecondary education experiences and employment for individuals who are deaf.

(2) Definition

In this section the term "deaf", when used with respect to an individual, means an individual with a hearing impairment, including an individual who is hard of hearing, an individual deafened later in life, and an individual who is profoundly deaf.

(b) Public input and consultation

(1) In general

In conducting such study, the commission shall obtain input from the public. To obtain such input, the commission shall—

(A) publish a notice with an opportunity for comment in the Federal Register;

(B) consult with individuals and organizations representing a wide range of perspectives on deafness-related issues, including organizations representing individuals who are deaf, parents of children who are deaf, educators, and researchers; and

(2) Structured opportunities

The commission shall provide structured opportunities to receive and respond to the viewpoints of the individuals and organizations described in paragraph (1)(B).

(c) Report

The commission shall report to the Secretary and Congress not later than 18 months after August 14, 2008, regarding the results of the study. The report shall contain—

(1) recommendations relating to educated-related factors that contribute to successful postsecondary education experiences and employment for individuals who are deaf, including recommendations for legislation, that the commission deems appropriate; and

(2) a detailed summary of the input received under subsection (b) and the ways in which the report addresses such input.

(d) Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 and 2010 to carry out the provisions of this section.

(Pub. L. 99–371, title II, §211, as added Pub. L. 105–244, title IX, §924, Oct. 7, 1998, 112 Stat. 1832; amended Pub. L. 110–315, title IX, §913, Aug. 14, 2008, 122 Stat. 3455.)

Editorial Notes

Prior Provisions

A prior section 4360, Pub. L. 99–371, title II, §211, formerly title IV, §411, Aug. 4, 1986, 100 Stat. 794; renumbered title II, §211, and amended Pub. L. 102–421, title I, §§101(b)(5), (6), 140, 151(a)(4), Oct. 16, 1992, 106 Stat. 2151, 2163, 2164; Pub. L. 103–73, title II, §204(i), Aug. 11, 1993, 107 Stat. 735, authorized appropriations for this chapter, prior to repeal by Pub. L. 105–244, §3, title IX, §923, Oct. 7, 1998, 112 Stat. 1585, 1832, effective Oct. 1, 1998. See section 4360a of this title.

Amendments

2008—Subsec. (a)(1). Pub. L. 110–315, §913(a), inserted "establish a commission on the education of the deaf (in this section referred to as the 'commission') to" after "The Secretary shall".

Subsec. (b). Pub. L. 110–315, §913(b), substituted "commission" for "Secretary" wherever appearing.

Subsec. (c). Pub. L. 110–315, §913(c)(1), in introductory provisions, substituted "commission shall report to the Secretary and Congress not later than 18 months after August 14, 2008" for "Secretary shall report to Congress not later than 18 months after October 7, 1998".

Subsec. (c)(1). Pub. L. 110–315, §913(c)(2), substituted "recommendations relating to educated-related factors that contribute to successful postsecondary education experiences and employment for individuals who are deaf, including" for "recommendations, including" and "commission" for "Secretary".

Subsec. (d). Pub. L. 110–315, §913(d), substituted "such sums as may be necessary for each of the fiscal years 2009 and 2010" for "$1,000,000 for each of the fiscal years 1999 and 2000".

Statutory Notes and Related Subsidiaries

Effective Date

§4360a. Authorization of appropriations

(a) Gallaudet University

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2014 to carry out the provisions of subchapter I and this subchapter, relating to—

(1) Gallaudet University;

(2) Kendall Demonstration Elementary School; and

(3) the Model Secondary School for the Deaf.

(b) National Technical Institute for the Deaf

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2014 to carry out the provisions of subchapter I and this subchapter relating to the National Technical Institute for the Deaf.

(Pub. L. 99–371, title II, §212, as added Pub. L. 105–244, title IX, §925, Oct. 7, 1998, 112 Stat. 1833; amended Pub. L. 110–315, title IX, §914, Aug. 14, 2008, 122 Stat. 3455.)

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 4360 of this title, prior to repeal by Pub. L. 105–244.

Amendments

2008—Subsec. (a). Pub. L. 110–315, §914(1), substituted "fiscal years 2009 through 2014" for "fiscal years 1998 through 2003" in introductory provisions.

Subsec. (b). Pub. L. 110–315, §914(2), substituted "fiscal years 2009 through 2014" for "fiscal years 1998 through 2003".

Statutory Notes and Related Subsidiaries

Effective Date

§4361. Supervision of public business of Gallaudet University

The Secretary of Education is charged with the supervision of public business relating to Gallaudet University.

(R.S. §441; Mar. 4, 1911, ch. 285, §1, 36 Stat. 1422; 1940 Reorg. Plan No. IV, §11, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234; 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; June 18, 1954, ch. 324, §1, 68 Stat. 265; Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(2)(M), title V, §507, 93 Stat. 677, 692; Aug. 4, 1986, Pub. L. 99–371, title I, §101(a), 100 Stat. 781.)

Editorial Notes

Codification

Section was not enacted as part of the Education of the Deaf Act of 1986, which comprises this chapter.

Section was formerly classified to section 691h of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Pursuant to section 101(a) of Pub. L. 99–371, which is classified to section 4301(a) of this title, "Gallaudet University" was substituted in text for "Gallaudet College" which had been substituted in text for "Columbia Institution for the Deaf" pursuant to section 1 of act June 18, 1954, which was formerly classified to section 691 of this title. Previously, act Mar. 4, 1911, ch. 285, 36 Stat. 1422, had redesignated the "Columbia Institution for the Deaf and Dumb" as the "Columbia Institution for the Deaf".

Transfer of Functions

"Secretary of Education" substituted in text for "Secretary of Health, Education, and Welfare" pursuant to sections 301(a)(2)(M) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(2)(M) and 3507 of this title and which transferred to Secretary of Education functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Gallaudet College [now Gallaudet University] and Department of Health, Education, and Welfare.

Executive Documents

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Functions of Department of the Interior relating to administration of Columbia Institution for the Deaf transferred to Federal Security Agency to be administered under direction and supervision of Federal Security Administrator by §11(d) of 1940 Reorg. Plan No. IV, set out in the Appendix to Title 5.

§4362. Purchases through General Services Administration

On and after September 8, 1978, Gallaudet University and the National Technical Institute for the Deaf are authorized to make purchases through the General Services Administration.

(Pub. L. 95–355, title I, §100, Sept. 8, 1978, 92 Stat. 531; Pub. L. 99–371, title I, §101(a), Aug. 4, 1986, 100 Stat. 781.)

Editorial Notes

Codification

Section is from the Second Supplemental Appropriations Act, 1978, and not enacted as part of the Education of the Deaf Act of 1986, which comprises this chapter, and contained additional provisions relating to purchases by the American Printing House for the Blind and Howard University which are set out as sections 106 and 130 of this title, respectively.

Section, as it relates to Gallaudet University, was formerly classified to section 691i of this title, and as it relates to the National Technical Institute for the Deaf, was formerly classified to section 686 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

"Gallaudet University" substituted in text for "Gallaudet College" pursuant to section 101(a) of Pub. L. 99–371, which is classified to section 4301(a) of this title.

§4363. Financial and program audit by Secretary

Funds appropriated in this Act or subsequent Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Acts to the National Technical Institute for the Deaf, and Gallaudet University shall be subject to financial and program audit by the Secretary of Education and the Secretary may withhold all or any portion of these appropriations if he determines that an institution has not cooperated fully in the conduct of such audits.

(Pub. L. 102–394, title III, §301, Oct. 6, 1992, 106 Stat. 1819.)

Editorial Notes

Codification

Section is from the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993, and was not enacted as part of the Education of the Deaf Act of 1986 which comprises this chapter, and contained additional provisions relating to the American Printing House for the Blind and Howard University, which are set out as sections 106a and 130a of this title, respectively.