1. U.S. Code
  2. title 29
  3. chapter 21
  4. § 1906

Collapse to view only § 1906. Construction; effect on agreements

§ 1901. Congressional findings
The Congress finds that—
(1) deaf-blindness is among the most severe of all forms of disabilities, and there is a great and continuing need for services and training to help individuals who are deaf-blind attain the highest possible level of development;
(2) due to the rubella epidemic of the 1960’s, the rapidly increasing number of older persons many of whom are experiencing significant losses of both vision and hearing, and recent advances in medical technology that have sustained the lives of many severely disabled individuals, including individuals who are deaf-blind, who might not otherwise have survived, the need for services for individuals who are deaf-blind is even more pressing now than in the past;
(3) helping individuals who are deaf-blind to become self-sufficient, independent, and employable by providing the services and training necessary to accomplish that end will benefit the Nation, both economically and socially;
(4) the Helen Keller National Center for Youths and Adults who are Deaf-Blind is a vital national resource for meeting the needs of individuals who are deaf-blind and no State currently has the facilities or personnel to meet such needs;
(5) the Federal Government has made a substantial investment in capital, equipment, and operating funds for such Center since it was established; and
(6) it is in the national interest to continue to provide support for the Center, and it is a proper function of the Federal Government to be the primary source of such support.
(Pub. L. 98–221, title II, § 202, Feb. 22, 1984, 98 Stat. 32; Pub. L. 102–569, title IX, §§ 901, 908(a), (c)(1), Oct. 29, 1992, 106 Stat. 4482, 4485, 4486.)

CITE AS: 29 USC 1901

§ 1902. Continued operation of Center
(a) Administration by Secretary of Education
(b) Purposes of Center
The purposes of the Center are to—
(1) provide specialized intensive services, or any other services, at the Center or anywhere else in the United States, which are necessary to encourage the maximum personal development of any individual who is deaf-blind;
(2) train family members of individuals who are deaf-blind at the Center or anywhere else in the United States, in order to assist family members in providing and obtaining appropriate services for the individual who is deaf-blind;
(3) train professionals and allied personnel at the Center or anywhere else in the United States to provide services to individuals who are deaf-blind; and
(4) conduct applied research, development programs, and demonstrations with respect to communication techniques, teaching methods, aids and devices, and delivery of services.
(Pub. L. 98–221, title II, § 203, Feb. 22, 1984, 98 Stat. 33; Pub. L. 102–569, title IX, §§ 902, 908, Oct. 29, 1992, 106 Stat. 4482, 4485.)

CITE AS: 29 USC 1902

§ 1903. Audit; monitoring and evaluation
(a) The books and accounts of the Center shall be audited annually by an independent auditor in the manner prescribed by the Secretary and a report on each such audit shall be submitted by the auditor to the Secretary within 15 days following the completion of the audit and acceptance of the audit by the Center.
(b)
(1) The Secretary shall establish procedures for monitoring, on a regular basis, the services performed and the training conducted by the Center.
(2) The Secretary shall, in addition to the regular monitoring required under paragraph (1), conduct an evaluation of the operation of the Center at the end of each fiscal year. A written report of such evaluation shall be submitted to the President, the Clerk of the House of Representatives, and the Secretary of the Senate within one hundred and eighty days after the end of the fiscal year for which such evaluation was conducted. The first such report shall be submitted for fiscal year 1983.
(Pub. L. 98–221, title II, § 204, Feb. 22, 1984, 98 Stat. 33; Pub. L. 102–569, title IX, § 903, Oct. 29, 1992, 106 Stat. 4482.)

CITE AS: 29 USC 1903

§ 1904. Authorization of appropriations
(a) There are authorized to be appropriated to carry out the provisions of this chapter such sums as may be necessary for each of the fiscal years 1999 through 2003. Such sums shall remain available until expended.
(b) Any appropriation Act containing any appropriation authorized by subsection (a) shall contain a statement of the specific amount being made available to the Center.
(Pub. L. 98–221, title II, § 205, Feb. 22, 1984, 98 Stat. 33; Pub. L. 99–506, title IX, § 901, Oct. 21, 1986, 100 Stat. 1840; Pub. L. 100–630, title V, § 501, Nov. 7, 1988, 102 Stat. 3317; Pub. L. 102–52, § 9(a), June 6, 1991, 105 Stat. 263; Pub. L. 102–569, title IX, § 904, Oct. 29, 1992, 106 Stat. 4482; Pub. L. 105–220, title IV, § 412(a), Aug. 7, 1998, 112 Stat. 1241.)

CITE AS: 29 USC 1904

§ 1905. DefinitionsFor purposes of this chapter—
(1) the terms “Helen Keller National Center for Youths and Adults who are Deaf-Blind” and “Center” mean the Helen Keller National Center for Youths and Adults who are Deaf-Blind, and its affiliated network, operated pursuant to this chapter;
(2) the term “individual who is deaf-blind” means any individual—
(A)
(i) who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions;
(ii) who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and
(iii) for whom the combination of impairments described in clauses (i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation;
(B) who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives; or
(C) meets such other requirements as the Secretary may prescribe by regulation; and
(3) the term “Secretary” means the Secretary of Education.
(Pub. L. 98–221, title II, § 206, Feb. 22, 1984, 98 Stat. 34; Pub. L. 102–569, title IX, §§ 905, 908(c)(1), Oct. 29, 1992, 106 Stat. 4482, 4486.)

CITE AS: 29 USC 1905

§ 1906. Construction; effect on agreements

This chapter shall not be construed as modifying or affecting any agreement between the Department of Education or any other department or agency of the United States and the Helen Keller Services for the Blind, Incorporated, or any successor to or assignee of such corporation, with respect to the Center.

(Pub. L. 98–221, title II, § 207, Feb. 22, 1984, 98 Stat. 34; Pub. L. 102–569, title IX, § 906, Oct. 29, 1992, 106 Stat. 4483.)

CITE AS: 29 USC 1906

§ 1907. Helen Keller National Center Federal Endowment Fund
(a) Establishment
(b) Federal payments
(1) In general
(2) Amount of payment
(c) Investments
(1) In general
(2) Limitations
(A) Federally insured investments and other investments
(B) Real estate
(C) Conflict of interest
(D) Encumbrances
(d) Withdrawals and expenditures
(1) In general
(2) Operational and commercial expenses
(A) In general
(B) Limitation
(3) Limitations and waiver of limitations
(A) In general
(B) Exception
The Secretary may permit the Center to withdraw or expend more than 50 percent of its total aggregate endowment income where the Center 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 a natural disaster or arson; or
(iii) another unusual occurrence or exigent circumstance.
(e) Reporting requirements
(1) Financial records
(2) Audit and report
(A) Audit
(B) Report
(3) Annual report
(f) Recovery of payments
After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal payments made under this section if the Helen Keller National Center—
(1) makes a withdrawal or expenditure from the Endowment Fund corpus or income which is not consistent with the provisions of 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 Endowment Fund corpus or income.
(g) Definitions
For the purposes of this section:
(1) Endowment fund
(2) Endowment Fund corpus
(3) Endowment Fund income
(h) Authorization of appropriations
(Pub. L. 98–221, title II, § 208, as added Pub. L. 102–569, title IX, § 907, Oct. 29, 1992, 106 Stat. 4483; amended Pub. L. 105–220, title IV, § 412(b), Aug. 7, 1998, 112 Stat. 1241.)

CITE AS: 29 USC 1907

§ 1908. Registry
(a) In general
(b) Voluntary provision of information
(c) Nondisclosure
(d) Privacy rights
(e) Removal of information
(Pub. L. 98–221, title II, § 209, as added Pub. L. 105–220, title IV, § 412(c), Aug. 7, 1998, 112 Stat. 1241.)

CITE AS: 29 USC 1908