Collapse to view only § 4362. Purchases through General Services Administration
- § 4351. Definitions
- § 4352. Gifts
- § 4353. Audit
- § 4354. Reports
- § 4355. Monitoring, evaluation, and reporting
- § 4356. Liaison for educational programs
- § 4357. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf
- § 4358. Repealed.
- § 4359. Oversight and effect of agreements
- § 4359a. International students
- § 4359b. Research priorities
- § 4360. National study on the education of the deaf
- § 4360a. Authorization of appropriations
- § 4361. Supervision of public business of Gallaudet University
- § 4362. Purchases through General Services Administration
- § 4363. Financial and program audit by Secretary
§ 4351. DefinitionsAs 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.)
§ 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.)
§ 4353. Audit
(a) Government Accountability Office authorityAll 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
(2) Compliance
(3) Submission of audits
(c) Limitations regarding expenditure of funds
(1) In generalNo 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.
(C) The Secretary is not authorized to add items to those specified in subparagraph (B).
(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.)
§ 4354. ReportsThe 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.)
§ 4355. Monitoring, evaluation, and reporting
(a) Activities
(b) Report
(c) Authorization of appropriations
(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.)
§ 4356. Liaison for educational programs
(a) Designation of liaison
(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
(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.)
§ 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
1 So in original. Probably should be “hypothecate,”
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
(f) Recovery of paymentsAfter 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) DefinitionsAs 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
(Pub. L. 99–371, title II, § 207, as added
§ 4358. Repealed. Pub. L. 105–244, title IX, § 920, Oct. 7, 1998, 112 Stat. 1831
§ 4359. Oversight and effect of agreements
(a) Oversight activities
(b) Construction of agreements
(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.)
§ 4359a. International students
(a) Enrollment
(1) In general
(2) Distance learningInternational 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 surchargeExcept 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 generalBeginning 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 scaleThe 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
(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.)
§ 4359b. Research priorities
(a) Research priorities
(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.)
§ 4360. National study on the education of the deaf
(a) Conduct of study
(1) In general
(2) Definition
(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
(C) take such other action as the commission deems appropriate, which may include holding public meetings.
(2) Structured opportunities
(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
(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.)
§ 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
(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.)
§ 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.)
§ 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.)
§ 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.)