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S. 1874 (99th): Education of the Deaf Act of 1986

The text of the bill below is as of Aug 4, 1986 (Passed Congress/Enrolled Bill).

PUBLIC LAW 99-371—AUG. 4, 1986                                     100 STAT. 781
Public Law 99-371
99th Congress
                                     An Act
To authorize quality educational programs for deaf individuals, to foster improved
  educational programs for deaf individuals throughout the United States, to reenact      Aug. 4, 1986
  and codify certain provisions of law relating to the education of the deaf, and for       [S. 1874]
  other purposes.

  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That this Act may Education of the
be cited as the "Education of the Deaf Act of 1986".              Deaf Act of 1986.
                                                                                        20 u s e 4301
                                                                                        note.
                 TITLE I—GALLAUDET UNIVERSITY

        PART A—GALLAUDET UNIVERSITY GENERAL AUTHORITY

SEC.   101. CONTINUATION OF GALLAUDET COLLEGE AS GALLAUDET 20 USC 4301.
             UNIVERSITY.
   (a) GALLAUDET UNIVERSITY.—The Gallaudet College created by an
Act entitled "An Act to amend the charter of the Columbia Institu-
tion for the Deaf, change its name, define its corporate powers, and
provide for its organization and administration, and for other pur-
poses", approved June 18, 1954, is continued as a body corporate 20 USC 691.
under the name of Gallaudet University. Hereafter Gallaudet Col-
lege shall be known as Gallaudet University and have perpetual
succession and shall have the powers and be subject to the limita-
tions contained in this Act.
   (b) PURPOSE.—The purpose of Gallaudet University shall be to
provide education and training to deaf individuals and otherwise to
further the education of the deaf.
SEC. 102. PROPERTY RIGHTS.                                                              20 USC 4302.
   (a) PROPERTY RIGHTS DESCRIBED.—Gallaudet University is vested
with all the property and the rights of property, and shall have and
be entitled to use all authority, privileges, and possessions and all
legal rights which it has, or which it had or exercised under any
former name, including the right to sue and be sued and to own,
acquire, sell, mortgage, or otherwise dispose of property it may own
now or hereafter acquire. Gallaudet University shall also be subject
to all liabilities and obligations now outstanding against the cor-
poration under any former name.
   (b) DISPOSAL OF REAL PROPERTY.—(1) With the approval of the
Secretary of Education, the Board of Trustees of Gallaudet Univer-
sity may convey fee simple title by deed, convey by quitclaim deed,
mortgage, or otherwise dispose of any or all real property title to
which is vested in Gallaudet University, Gallaudet College, the
Columbia Institution for the Deaf, or any predecessor corporation.
   (2) The proceeds of any such disposition shall be considered a part Securities.
of the capital structure of the corporation, and may be used solely
for the acquisition of real estate for the use of the corporation, for
the construction, equipment, or improvement of buildings for such

v.. 100 STAT. 782 PUBLIC LAW 99-371—AUG. 4, 1986 use, or for investment purposes, but if invested only the income from the investment may be used for current expenses of the corporation. 20 u s e 4303. SEC. 103. BOARD OF TRUSTEES. (a) COMPOSITION OF THE BOARD.—(1) Gallaudet University shall be under the direction and control of a Board of Trustees, composed of twenty-one members selected as follows: (A) three public members of whom (i) one shall be a United States Senator appointed by the President of the Senate, and (ii) two shall be Representatives appointed by the Speaker of the House of Representatives; and (B) eighteen other members, all of whom shall be elected by the Board of Trustees, who on the effective date of this Act shall include those individuals serving as nonpublic members of the Board of Trustees of Gallaudet College immediately prior to such date, and of whom one shall be elected pursuant to regula- tions of the Board of Trustees, on nomination by the Gallaudet University Alumni Association for a term of three years. The members appointed from the Senate and House of Representa- tives shall be appointed for a term of two years at the beginning of each Congress, shall be eligible for reappointment, and shall serve until their successors are appointed. (2) The Board of Trustees shall have the power to fill any vacancy in the membership of the Board except for public members. Nine trustees shall constitute a quorum to transact business. The Board of Trustees, by vote of a majority of its membership, is authorized to remove any member of their body (except the public members) who may refuse or neglect to discharge the duties of a trustee, or whose removal would, in the judgment of said majority, be to the interest and welfare of said corporation. (b) POWERS OF THE BOARD.—The Board of Trustees is authorized to— (1) make such rules, policies, regulations, and bylaws, not inconsistent with the Constitution and laws of the United States, as may be necessary for the good government of Gallau- det University, for the management of the property and funds of such corporation and for the admission, instruction, care, and discharge of students; (2) provide for the adoption of a corporate seal and for its use; (3) fix the date of holding their annual and other meetings; (4) appoint a president, professors, instructors, and other necessary employees for Gallaudet University, delegate to them such duties as it may deem advisable, fix their compensation, and remove them when, in their judgment, the interest of Gallaudet University shall require it; (5) elect a chairperson and other officers and prescribe their duties and terms of office, and appoint an executive committee to consist of five members, and vest the committee with such of its powers during periods between meetings of the Board as the Board deems necessary; (6) establish such departments and other units, including a department of higher learning for the deaf, a department of elementary education for the instruction of deaf children, a graduate department, and a research department, as the Board deems necessary to carry out the purpose of Gallaudet University;
PUBLIC LAW 99-371—AUG. 4, 1986 100 STAT. 783 (7) confer such degrees and marks of honor as are conferred by colleges and universities generally, and issue such diplomas and certificates of graduation as, in its opinion, may be deemed advisable, and consistent with academic standards; (8) subject to the provisions of section 403, control expendi- tures of all moneys appropriated by Congress for the benefit of Gallaudet University; and (9) control the expenditure and investment of any moneys or funds or property which Gallaudet University may have or may receive from sources other than appropriations by Congress. PART B—KENDALL DEMONSTRATION ELEMENTARY SCHOOL Children and youth. SEC. 111. AUTHORITY OF GALLAUDET UNIVERSITY. 20 u s e 4311. (a) GENERAL AUTHORITY.— (1) For the purpose of providing day and residential facilities for elementary education for individuals who are deaf in order to prepare them for high school and other secondary study and to provide an exemplary educational program to stimulate the development of similar excellent programs throughout the Nation, the Board of Trustees of Gallaudet University is au- thorized to maintain and operate Kendall Demonstration Ele- mentary School as a demonstration elementary school for the deaf, to serve primarily residents of the National Capital region. (2) The Kendall Demonstration Elementary School shall also— (A) provide technical assistance and outreach throughout the Nation to train parents of deaf infants and children in specialized learning skills; and (B) develop curricula, instructional techniques, materials, and programs for teaching hearing impaired and deaf stu- dents in classroom situations with nonhearing impaired students. (b) RESPONSIBIUTY FOR COMPUANCE WITH EDUCATION OF THE state and local HANDICAPPED ACT.—Where a local educational agency, State edu- governments. cational agency, or intermediate educational unit refers a child to or places a child at the Kendall Demonstration Elementary School, such agency or unit shall be respjonsible for ensuring that the special education and related services provided to such child is consistent with part B of the Education of the Handicapped Act. 20 use I4ii. PART C—MODEL SECONDARY SCHOOL FOR THE DEAF Children and youth. SEC. 121. AUTHORITY O F GALLAUDET UNIVERSITY. District of Columbia. (a) GENERAL AUTHORITY.—For the purpose of providing day and 20 u s e 4321. residential facilities for secondary education for individuals who are deaf in order to prepare them for college and other advanced study, and to provide an exemplary secondary school program to stimulate the development of similarly excellent programs throughout the Nation, the Board of Trustees of Gallaudet University is authorized, in accordance with the agreement under section 122, to maintain and operate a model secondary school for the deaf to serve primarily residents of the District of Columbia and of nearby States. (b) RESPONSIBIUTY FOR COMPLIANCE WITH EDUCATION OF THE State and local HANDICAPPED ACT.—Where a local educationsd agency. State edu- governments. cational agency, or intermediate educational unit refers a child to or
100 STAT. 784 PUBLIC LAW 99-371—AUG. 4, 1986 places a child at the model secondary school, such agency or unit shall be responsible for ensuring that the special education and related services provided to such child is consistent with part B of 20 u s e 1400. the Education of the Handicapped Act. 20 u s e 4322. SEC. 122. AGREEMENT WITH GALLAUDET UNIVERSITY FOR THE MODEL SECONDARY SCHOOL. District of (a) GENERAL AUTHORITY.—The Secretary is authorized to continue eolumbia. an agreement with Gallaudet University for the establishment and operation, including construction and equipment of a model second- ary school for the deaf to serve primarily residents of the District of Columbia and of nearby States. (b) PROVISIONS OF AGREEMENT.—The agreement shall— (1) provide that Federal funds appropriated for the benefit of the model secondary school will be used only for the purposes for which appropriated and in accordance with the applicable provisions of this Act and the agreement made pursuant thereto; Reports. (2) provide that the University will make an annual report to the Secretary; (3) provide that in the design and construction of any facili- ties, maximum attention will be given to excellence of architec- ture and design, works of art, and innovative auditory and visual devices and installations appropriate for the educational functions of such facilities; (4) provide thai; the model secondary school will develop curricula, instructional techniques, materials, and programs for teaching hearing impaired and deaf students in classroom situa- tions with nonhearing impaired students; (5) include such other conditions as the Secretary considers necessary to carry out the purposes of this part; and Wages. (6) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds appropriated for the benefit of the model secondary school will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5) commonly referred to as the Davis-Bacon Act; and the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganiza- tion Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 2 of the Act of June 13,1934 (40 U.S.C. 276c). (c) SUBMISSION OF REPORT.—The Secretary shall submit the annual report of the University (required under subsection (b)(3)) to the Congress with such comments and recommendations as the Secretary may deem appropriate. TITLE II—NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 20 u s e 433L SEC. 201. AUTHORITY. For the purpose of providing a residential facility for postsecond- ary technical training and education for individuals who are deaf in order to prepare them for successful employment, the institution of higher education with which the Secretary has an agreement under
PUBLIC LAW 99-371—AUG. 4, 1986 100 STAT. 785 this title is authorized to operate and maintain a National Technical Institute for the Deaf. SEC. 202. AGREEMENT FOR THE INSTITUTE. 20 USC 4332. (a) GENERAL AUTHORITY.—The Secretary is authorized to establish or continue an agreement with an institution of higher education for the establishment and operation, including construction and equip- ment, of a National Technical Institute for the Deaf. The Secretary, in considering proposals from institutions of higher education to enter into an agreement under this Act, shall give preference to institutions which are located in metropolitan industrial areas. (b) PROVISIONS OF AGREEMENT.—The agreement shall— (1) provide that Federal funds appropriated for the benefit of the Institute will be used only for the purposes for which appropriated and in accordance with the applicable provisions of this Act and the agreement made pursuant thereto; (2) provide that the Board of Trustees or other governing body of the institution, subject to the approval of the Secretary, will appoint an advisory group to advise the Director of the Institute in formulating and carrying out the basic policies governing its establishment and operation, which group shall include individ- uals who are professionally concerned with education and tech- nical training at the postsecondary school level, persons who are professionally concerned with activities relating to education and training of the deaf, and members of the public familiar with the need for services provided by the Institute; (3) provide that the Board of Trustees or other governing body Reports. of the institution will make an annual report together with an accounting of all indirect costs paid to the institution of higher education under the agreement to the Secretary, which the Secretary shall transmit to the Congress with such comments and recommendations as the Secretary may deem appropriate; (4) include such other conditions as the Secretary deems necessary to carry out the purposes of this part; and (5) provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds appropriated for the benefit of the Institute will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 276a-276a-5) commonly referred to as the Davis-Bacon Act; and the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C App.) and section 2 of the Act of June 13,1934 (40 U.S.C. 276c). (c) LIMITATION.—If within twenty years after the completion of any construction (except minor remodeling or alteration) for which such funds have been paid— (1) the facility ceases to be used for the purposes for which it was constructed or the agreement is terminated, unless the Secretary determines that there is good cause for releasing the institution from its obligation, or (2) the institution ceases to be the owner of the facility, the United States shall be entitled to recover from the applicant or other owner of the facility an amount which has the same ratio with respect to the current market value of the facility as the amount of
100 STAT. 786 PUBLIC LAW 99-371—AUG. 4, 1986 Federal funds expended for construction of such facility bears to the total cost of construction of the facility. The current market value of the facility shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. TITLE III—COMMISSION ON EDUCATION OF THE DEAF 20 use 4341. SEC. 301. COMMISSION ESTABLISHED. Children and (a) ESTABLISHMENT.—There is established a Commission on Edu- youth. cation of the Deaf to make a study of the quality of infant and early childhood education programs and of elementary, secondary, post- secondary, adult, and continuing education furnished to deaf individuals. (b) COMPOSITION.—(1) The Commission shall be composed of 12 members as follows: (A) Three members shall be appointed by the President. (B) One member shall be appointed by the Comptroller Gen- eral of the United States. (C) Four of the members shall be appointed by the Speaker of the House of Representatives, with the approval of the Majority Leader and the Minority Leader of the House of Representatives. (D) Four of the members shall be appointed by the President pro tempore of the Senate, with the approval of the Majority Leader and the Minority Leader of the Senate. (2)(A) Members of the Commission shall be appointed from among individuals who have broad experience and expertise in deafness, program evaluation, education, or rehabilitation, which experience and expertise are directly relevant to the issues to be studied by the Commission. (B) The Chairperson shall be appointed jointly by the Speaker of the House of Representatives, with the approval of the Majority Leader and the Minority Leader of the House of Representatives, and the President pro tempore of the Senate, with the approval of the Majority Leader and the Minority Leader of the Senate. (3) Members of the Commission may not be employed by or be a consultant to the National Technical Institute for the Deaf or Gallaudet University during their appointment as members of the Commission and may not have been so employed for a period of one year prior to appointment. (4) Of the members appointed by the President under paragraph (1)(A), not less than 1 shall be deaf. Of the members appointed by the Speaker of the House of Representatives under paragraph (1)(C), not less than 2 shall be deaf and not more than 2 may be from the same political party. Of the members appointed by the President pro tempore of the Senate under paragraph (IXD), not less than 2 shall be deaf and not more than 2 may be from the same political party. (5) Any vacancy in the Commission shall be filled in the same manner as the original appointment. (6) Members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act. 20 u s e 4342. SEC. 302. DUTIES OF THE COMMISSION. (a) STUDY DESCRIBED.—(1) The Commission shall make a study of—
PUBLIC LAW 99-371—AUG. 4, 1986 100 STAT. 787 (A) the degree to which appropriate postsecondary, adult, and continuing educational opportunities are available to deaf individuals; (B) the advisability of expanding the number of federally supported postsecondary regional educational programs which serve the deaf; (C) the training and technical assistance needs of infant and Children and early childhood education programs and elementary, secondary, youth. postsecondary, adult, and continuing education programs which serve the deaf; (D) the degree to which appropriate elementary and second- Children and ary educational opportunities are available to deaf students youth. including (i) the effects of part B of the Education of the Handicapped Act on infant and early childhood education pro- 20 u s e 1411. grams and elementary and secondary educational programs for the deaf and (ii) the role played by the model secondary school for the deaf and the Kendall Demonstration Elementary School; (E) the role and impact of research, development, dissemina- tion, and outreach activities conducted by Gallaudet University and the National Technical Institute for the Deaf in education of the deaf; (F) the degree to which the purposes of part F of the Edu- cation of the Handicapped Act (relating to instructional media 20 u s e 1451. for the handicapped) are being carried out; (G) the problems associated with illiteracy among deaf individuals; (H) any other issues which the Commission determines will Children and improve the quality of infant and early education programs and youth. elementary, secondary, postsecondary, adult, and continuing education provided to the deaf; and (I) any other recommendations to improve quality or increase cost effectiveness of providing the education of the deaf. (2) The study of each issue described in paragraph (1) shall include a description of the findings concerning each such issue together with recommendations for actions designed to address identified needs. (b) REPORTS.—The Commission shall submit to the President and to the Congress such interim reports as it deems advisable, and not later than 18 months after the date of enactment of this Act, a final report of its study and investigation together with such rec- ommendations, including specific proposals for legislation, as the Commission deems advisable. (c) TERMINATION.—The Commission shall cease to exist 90 days following the submission of its final report. SEC. 303. ADMINISTRATIVE PROVISIONS. 20 u s e 4343. (a) PERSONNEL.—(1) The Commission may appoint such personnel, including a Staff Director, as the Commission deems necessary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and such person- nel may be paid without regard to the provisions of chapter 51 and 5 u s e 5101 et subchapter III of chapter 53 of such title relating to classification seq. and General Schedule pay rates, but no individual so appointed 5 u s e 5331. shall be paid in excess of the rate authorized for GS-18 of the 5 u s e 5332. General Schedule.
100 STAT. 788 PUBLIC LAW 99-371—AUG. 4, 1986 (2) The Commission is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code. (b) HEARINGS; QUORUM.—(1) The Commission or, with the authorization of the Commission, any committee thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and such places within the United States as the Commission or such committee may deem advisable. (2) Six members of the Commission shall constitute a quorum, but a lesser number of two or more may conduct hearings. State and local (c) CONSULTATION.—In carrying out its duties under this Act, the governments. Commission shall consult with Gallaudet University, the National Technical Institute for the Deaf, regional postsecondary education programs for the deaf, other programs and agencies serving or representing the interests of deaf people. Federal agencies, rep- resentatives of State and local governments. State and local edu- cational agencies, and private organizations to the extent feasible. (d) INFORMATION; STATISTICS.—(1) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumen- tality (including the General Accounting Office), information, suggestions, estimates, and statistics to carry out the provisions of this title. Each such department, bureau, agency, board, commis- sion, office, establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such informa- tion, suggestions, estimates, and statistics directly to the Commis- sion, upon request made by the Chairperson. Contracts. (2) For the purpose of securing necessary data and information the Commission may enter into contracts with universities, research institutions, foundations, and other competent public or private agencies. (e) AGENCY COOPERATION.—(1) The heads of all Federal agencies are, to the extent not prohibited by law, directed to cooperate with the Commission in carrying out this title. State and local (2) The Commission is authorized to utilize, with their consent, the governments. services, personnel, information, and facilities of other Federal, State, local and private agencies with or without reimbursement. 20 u s e 4344. SEC. 304. COMPENSATION OF MEMBERS. (a) UNITED STATES OFFICER AND EMPLOYEE MEMBERS.—Members of the Commission who are officers or full-time employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States; but they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government service employed intermittently. (b) PUBLIC MEMBERS.—Members of the Commission who are not officers or full-time employees of the United States shall receive compensation at a rate not to exceed the daily equivalent of the pay rate specified for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day (including traveltime) during which such members are engaged in the actual performance of duties vested in the Commission. In addition, such members may be allowed travel expenses, including per diem in lieu of subsistence.
PUBLIC LAW 99-371—AUG. 4, 1986 100 STAT. 789 as authorized by section 5703 of title 5, United States Code, for individuals in the Government service employed intermittently. TITLE IV—GENERAL PROVISIONS SEC. 401. DEFINITIONS. 20 USC 4351. As used in this Act— (1) The term "Board of Trustees" means (unless the context requires otherwise) the Board of Trustees of Gallaudet Univer- sity established under section 103. Ante, p. 782. (2) The term "construction" includes construction and initial equipment of new buildings, and expansion, remodeling, and alteration of existing buildings and equipment thereof, includ- ing architect's services, but excluding off-site improvements. (3) The term "elementary school" means a school which provides education for deaf children from the age of onset of deafness to age fifteen, inclusive, but not beyond the eighth grade or its equivalent. (4) The term "Institute" means the National Technical In- stitute for the Deaf. (5) 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 profes- sional 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 clause (F), the Secretary shall publish a list of nationally recognized accrediting agencies or associations which the Secretary deter- mines to be reliable authority as to the quality of training offered. (6) The term "secondary school" means a school which pro- vides education in grades nine through twelve, inclusive. (7) The term "Secretary" means the Secretary of Education. (8) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. SEC. 402. GIFTS. Real property. 20 u s e 4352 (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 des- ignated 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.
100 STAT. 790 PUBLIC LAW 99-371—AUG. 4, 1986 20 u s e 4353. SEC. 403. AUDIT. (a) GENERAL ACCOUNTING OFFICE AUTHORITY.—All financial trans- actions 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 construc- tion 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 General Accounting Office. (b) INDEPENDENT AUDIT.—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 the Institute, respectively. 20 u s e 4354. SEC. 404. REPORTS. (a) GALLAUDET UNIVERSITY.—Not later than October 15 of each year, the Board of Trustees of Gallaudet University shall prepare and submit an annual report to the Secretary on the condition of the University, including— (1) the number of students of each description received and discharged during the preceding school year and the number remaining; (2) the branches and type of training and education taught and progress made therein; (3) a statement showing the receipts of said corporation and from what sources; and (4) its expenditures and for what objects. (b) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.—The Board of Trustees or other governing body of the institution of higher edu- cation with which the Secretary has an agreement under section 202 shall prepare and transmit to the Secretary a report on the activi- ties of the Institute, pursuant to the agreement under section 202(b)(3). (c) MONITORING AND EVALUATION REPORT.—The Secretary, as part of the annual report required under section 426 of the Department 20 use 3486. of Education Organization Act, shall include a description of the monitoring and evaluation activities pursuant to section 405, to- gether with such recommendations, including recommendations for legislation, as the Secretary deems necessary. 20 u s e 4355. SEC. 405. MONITORING AND EVALUATION ACTIVITIES. 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 consult- ants as may be necessary pursuant to the provisions of section 3109 of title 5, United States Code. 20 u s e 4356. SEC. 406. LIAISON FOR EDUCATIONAL PROGRAMS FOR THE DEAF. (a) DESIGNATION OF LIAISON.—Not later than 30 days after the date of enactment of this Act, 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 the deaf to serve as liaison
PUBLIC LAW 99-371—AUG. 4, 1986 100 STAT. 791 between the Department and Gallaudet University, the National Technical Institute for the Deaf, and other postsecondary edu- cational programs for the deaf under the Education of the Handi- capped Act and the Rehabilitation Act of 1973. 20 u s e 1400; (b) DUTIES OF LIAISON.—The individual serving as liaison for 29 u s e 701 note. educational programs for the deaf shall: (1) provide information to institutions regarding the Depart- ment's efforts directly affecting the operation of such programs by such institutions; and (2) 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 Act or any other Act with respect to Gallaudet University or the National Technical Institute for the Deaf. SEC. 407. GALLAUDET UNIVERSITY FEDERAL ENDOWMENT PROGRAM. 20 u s e 4357. (a) ESTABLISHMENT OF FEDERAL ENDOWMENT PROGRAM.—The Sec- retary and the Board of Directors of Gallaudet University are authorized to establish the Gallaudet University Federal Endow- ment Fund (in this section referred to as the "endowment fund") in accordance with the provisions of this section, to promote the finan- cial independence of Gallaudet University. The Secretary and the Board may enter into such agreements as may be necessary to carry out the purposes of this section. (b) FEDERAL PAYMENTS.— (1) The Secretary shall make payments to the endowment fund from amounts appropriated pursuant to subsection (g) consistent with the provisions of this section. (2) Subject to the availability of appropriations, the Secretary shall make payments to the endowment fund in amounts equal to sums contributed to the fund from non-Federal sources (excluding transfers from other endowment funds of the University). (c) INVESTMENTS.— (1) The University, in investing the endowment fund corpus and income, shall exercise the judgment and care, under the prevailing circumstances, which a person of prudence, discre- tion, and intelligence would exercise in the management of that person's own business affairs. (2) The endowment fund corpus and income shall be invested Banks and in federally insured bank savings accounts or comparable in- banking. District of terest bearing accounts, certificates of deposit, money market eolumbia. funds, mutual funds, obligations of the United States, or other low-risk instruments and securities in which a regulated insur- ance company may invest under the laws of the District of Columbia. The endowment fund corpus and income may not be invested in real estate. (d) WITHDRAWALS AND EXPENDITURES.— (1) For a twenty-year period from the date of the enactment of this Act, the University may not make a withdrawal or expendi- ture from the endowment fund corpus. (2XA) Gallaudet University may withdraw or expend endow- ment fund income for any expenses necessary to the operation of the University, including expenses of operations and mainte- nance, administration, academic and support personnel,
100 STAT. 792 PUBLIC LAW 99-371—AUG. 4, 1986 construction and renovation, community and student services programs, technical assistance, and research. (B) The University may not withdraw or expend endowment fund income for any commercial purpose. (3)(A) Except as provided in subparagraph (B), the University may not withdraw or expend more than 50 percent of the total accumulated endowment fund income. (B) The Secretary may waive the limitation under subpara- graph (A), if the Secretary determines that an expenditure or withdrawal is a necessary response to exceptional or uncontrol- lable circumstance affecting the University, (e) RECOVERY OF PAYMENTS.—After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal pay- ments under this section if Gallaudet University— (1) makes a withdrawal or expenditure of endowment fund corpus or income which is not consistent with the provisions of this section; (2) fails to comply with the investment standards and limita- tions 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. (0 DEFINITIONS.—For the purposes of this section the following terms have the following meanings: (1) The term "endowment fund" means a fund, or a tax- exempt foundation, established and maintained by Gallaudet University for the purpose of generating income for the support of the University. (2) The term "endowment fund corpus" means an amount equal to the Federal payments to the endowment fund and amounts contributed to the fund from non-Federal sources. (3) The term "endowment fund income" means an amount equal to the total market value of the endowment fund minus the endowment fund corpus. (4) The term "Secretary" means the Secretary of Education, (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out the purposes of this section such sums as may be necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991. Such sums shall remain available until expended. 20 u s e 4358. SEC. 408. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF ENDOWMENT PROGRAM. (a) ESTABLISHMENT OF FEDERAL ENDOWMENT PROGRAM.—The Sec- retary and the Board of Directors of the National Technical In- stitute for the Deaf are authorized to establish the National Tech- nical Institute for the Deaf Federal Endowment Fund (in this section referred to as the "endowment fund") in accordance with the provisions of this section, to promote the financial independence of the National Technical Institute for the Deaf. The Secretary and the Board may enter into such agreements as may be necessary to carry out the purposes of this section. (b) FEDERAL PAYMENTS.— (1) The Secretary shall make payments to the endowment fund from amounts appropriated pursuant to subsection (g) consistent with the provisions of this section. (2) Subject to the availability of appropriations, the Secretary shall make payments to the endowment fund in amounts equal
PUBLIC LAW 99-371—AUG. 4, 1986 100 STAT. 793 to sums contributed to the fund from non-Federal sources (excluding transfers from other endowment funds of the Institute). (c) INVESTMENTS.— (1) The Institute, in investing the endowment fund corpus and income, shall exercise the judgment and care, under the prevail- ing circumstances, which a person of prudence, discretion, and intelligence would exercise in the management of that person's own business affairs. (2) The endowment fund corpus and income shall be invested Banks and in federally insured bank savings accounts or comparable in- banking. terest bearing accounts, certificates of deposit, money market District of Columba. funds, mutual funds, obligations of the United States, or other low-risk instruments and securities in which a regulated insur- ance company may invest under the laws of the District of Columbia. The endowment fund corpus and income may not be invested in real estate. (d) WITHDRAWALS AND EXPENDITURES.— (1) For a twenty-year period from the date of the enactment of this Act, the Institute may not make a withdrawal or expendi- ture from the endowment fund corpus. (2)(A) The National Technical Institute for the Deaf may withdraw or expend endowment fund income for any expenses necessary to the operation of the Institute, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and student services programs, technical assistance, and research. (B) The Institute may not withdraw or expend endowment fund income for any commercial purpose. (3)(A) Except as provided in subparagraph (B), the Institute may not withdraw or expend more than 50 percent of the total accumulated endowment fund income. (B) The Secretary may waive the limitation under subpara- graph (A), if the Secretary determines that an expenditure or withdrawal is a necessary response to exceptional or uncontrol- lable circumstances affecting the Institute. (e) RECOVERY OF PAYMENTS.—After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal pay- ments under this section if the National Technical Institute for the Deaf- CD makes a withdrawal or expenditure of endowment fund corpus or income which is not consistent with the provisions of this section; (2) fails to comply with the investment standards and limita- tions 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. (f) DEFINITIONS.—For the purposes of this section the following terms have the following meanings: (1) The term "endowment fund" means a fund, or a tax- exempt foundation, established and maintained by the National Technical Institute for the Deaf for the purpose of generating income for the support of the Institute. (2) The term "endowment fund corpus" means an amount equal to the Federal payments to the endowment fund and amounts contributed to the fund from non-Federal sources.
100 STAT. 794 PUBLIC LAW 99-371—AUG. 4, 1986 (3) The term "endowment fund income" means an amount equal to the total market value of the endowment fund minus the endowment fund corpus. (4) The term "Secretary" means the Secretary of Education, (g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out the purposes of this section such sums as may be necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991. Such sums shall remain available until expended. 20 use 4359. SEC. 409. OVERSIGHT AND EFFECT OF AGREEMENTS. (a) OVERSIGHT ACTIVITIES.—Nothing in this Act shall be construed to diminish the oversight activities of the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives 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 title II. (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 the provisions of this Act. SEC. 410. REPEALS. (a) GALLAUDET COLLEGE.—The Act entitled "An Act to amend the charter of the Columbia Institution for the Deaf, change its name, define its corporate powers, and provide for its organization and 20 use administration, and for other purposes", approved June 18, 1954, is 691-691g. repealed. (b) KENDALL DEMONSTRATION ELEMENTARY SCHOOL.—The Act enti- tled "An Act to modify and enlarge the authority of Gallaudet College to maintain and operate the Kendall School as a demonstra- tion elementary school for the deaf to serve primarily the National Capital region, and for other purposes", approved December 24, 20 use 1970, is repealed. 695-695C. (j,) MODEL SECONDARY SCHOOL FOR THE DEAF.—The Model Second- 20 use ary School for the Deaf Act is repealed. 693-693b. (d) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.—The National 20 use 681-685. Technical Institute for the Deaf Act is repealed. 20 use 4360. SEC. 411. AUTHORIZATION OF APPROPRIATIONS. (a) GALLAUDET UNIVERSITY.—There are authorized to be appro- priated such sums as may be necessary for each of the fiscal years 1987, 1988, 1989, 1990, and 1991 to carry out the provisions of this Act, relating to— (A) Gallaudet University, (B) part B of title I, relating to Kendall Demonstration Ele- mentary School, and (C) part C of title I, relating to 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 1987, 1988, 1989, 1990, and 1991 to carry out the provisions of title II, relating to the National Technical Institute for the Deaf.
PUBLIC LAW 99-371—AUG. 4, 1986 100 STAT. 795 (c) COMMISSION ON EDUCATION FOR THE DEAF.—There are au- thorized to be appropriated such sums as may be necessary to carry out the provisions of title III, relating to the Commission on Edu- cation of the Deaf. Sums appropriated pursuant to this subsection shall remain available until expended or until the termination of the Commission, whichever first occurs. Approved August 4, 1986. LEGISLATIVE HISTORY—S. 1874: SENATE REPORTS: No. 99-290 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): May 6, considered and passed Senate. June 26, considered and passed House, amended. July 17, Senate concurred in House amendment. WEEKLY COMPILATION OP PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Aug. 4, Presidential statement.