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20 U.S.C. § 4353 — Audit

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4332&num=0&edition=prelim) 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),11 So in original. Probably should be followed by “and”. 4357(b)(2) of this title, subsections (c) through (f) of [section 4357 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4357&num=0&edition=prelim), and subsections (a), (b), and (c) of [section 4359a of this title]

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Stable record: federal_law:legal_authorities:record_usc_d0a3c12c1f60be76dc4249fd
Source file: Laws/federal/codes/united-states-code/title-20/section-4353-audit--a6353795d6.md
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Source location: Title 20, Chapter 55, § 4353; chapter-055-education-of-the-deaf.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4332&num=0&edition=prelim) 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),11 So in original. Probably should be followed by “and”. 4357(b)(2) of this title, subsections (c) through (f) of [section 4357 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4357&num=0&edition=prelim), and subsections (a), (b), and (c) of [section 4359a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4359a&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4332/a&num=0&edition=prelim), 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. (C) The Secretary is not authorized to add items to those specified in subparagraph (B).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 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)

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4301 — Continuation of Gallaudet College as Gallaudet University

**(a) Gallaudet University** The Gallaudet College created by an 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 administration, and for other purposes”, approved June 18, 1954, is continued as a body corporate under the name of Gallaudet University. On and after August 4, 1986, Gallaudet College shall be known as Gallaudet University and have perpetual succession and shall have the powers and be subject to the limitations contained in this chapter. **(b) Purpose** The purpose of Gallaudet University shall be to provide education and training to individuals who are deaf and otherwise to further the education of individuals who are deaf.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4332 — Agreement for National Technical Institute for the Deaf

**(a) General authority** (1) The Secretary is authorized to establish or continue an agreement with an institution of higher education for the establishment and operation, including construction and equipment, of a National Technical Institute for the Deaf. (2) The Secretary and the institution of higher education with which the Secretary has an agreement under this section— (A) shall periodically assess the need for modification of the agreement; and (B) shall periodically update the agreement as determined necessary by the Secretary or the institution. **(b) Provisions of agreement** The agreement shall— (1) provide that Federal funds appropriated for the benefit of NTID will be used only for the purposes for which appropriated and in accordance with the applicable provisions of this chapter 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 NTID in formulating and carrying out the basic policies governing its establishment and operation, which group shall include individuals who are professionally concerned with education and technical training at the postsecondary school level, persons who are professionally concerned with activities relating to education and training of individuals who are deaf, and members of the public familiar with the need for services provided by NTID; (3) provide that the Board of Trustees or other governing body of the institution will prepare and submit to the Secretary, not later than June 1 following the fiscal year for which the report is submitted, an annual report containing an accounting of all indirect costs paid to the institution of higher education

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4332&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4303 — Board of Trustees

**(a) Composition of Board** (1) Gallaudet University shall be under the direction and control of a Board of Trustees, composed of twenty-one members who shall include— (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 and of whom one shall be elected pursuant to regulations of the Board of Trustees, on nomination by the Gallaudet University Alumni Association, for a term of three years. (2) The members appointed from the Senate and House of Representatives 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. (3) 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 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 Gallaudet University, for the management of the property and funds of such corporation (including the construction of buildings and other facilities), and for the admissio

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4332&num=0&edition=prelim) 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

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4353 — Audit

Page 1229 TITLE 20—EDUCATION § 4353 1 So in original. Probably should be followed by ‘‘and’’. 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 convey- ance or will. ‘‘(b) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.— The National Technical Institute for the Deaf is au- thorized 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 ex- penditure 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 missi

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