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20 U.S.C. § 4357 — Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf

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

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Source file: Laws/federal/codes/united-states-code/title-20/section-4357-federal-endowment-programs-for-gallaudet-university-and-the-national-tec--75d966f916.md
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Source location: Title 20, Chapter 55, § 4357; chapter-055-education-of-the-deaf.md

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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/f&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4332&num=0&edition=prelim) 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,11 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** The corpus associated with a Federal payment (and its non-Federal match) made to the Federal endowment fund of the University or NTID shall not be subject to the investment limitations of subsection (c)(1) after 10 fiscal years following the fiscal year in which the funds are matched, and the income generated from such corpus after the tenth fiscal year described in this subsection shall not be subject to such investment limitations or to the withdrawal and expenditure limitations of subsection (d)(3). **(f) Recovery of payments** After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal payments under this section if the University or NTID— (1) makes a withdrawal or expenditure of the corpus or income of its Federal endowment fund that is not consistent with this section; (2) fails to comply with the investment standards and limitations under this section; or (3) fails to account properly to the Secretary concerning the investment of or expenditures from the Federal endowment fund corpus or income. **(g) Definitions** As used in this section: (1) The term “corpus”, with respect to a Federal endowment fund under this section, means an amount equal to the Federal payments to such fund, amounts contributed to the fund from non-Federal sources, and appreciation from capital gains and reinvestment of income. (2) The term “Federal endowment fund” means a fund, or a tax-exempt foundation, established and maintained pursuant to this section by the University or NTID, as the case may be, for the purpose of generating income for the support of the institution involved. (3) The term “income”, with respect to a Federal endowment fund under this section, means an amount equal to the dividends and interest accruing from investments of the corpus of such fund. (4) The term “institution involved” means the University or NTID, as the case may be. **(h) Authorization of appropriations** (1) In the case of the University, there are authorized to be appropriated for the purposes of this section such sums as may be necessary for each of the fiscal years 2009 through 2014. (2) In the case of NTID, there are authorized to be appropriated for the purposes of this section such sums as may be necessary for each of the fiscal years 2009 through 2014. (3) Amounts appropriated under paragraph (1) or (2) shall remain available until expended. **(i) Effective date** The provisions of this section shall take effect as if included in this chapter as enacted on August 4, 1986.

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4332

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001

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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]

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4353

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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

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4354

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

20 U.S.C. § 4358 — Repealed. Pub. L. 105–244, title IX, § 920, Oct. 7, 1998, 112 Stat. 1831

### Statutory Notes Section, Pub. L. 99–371, title II, § 208, as added Pub. L. 102–421, title I, § 138, Oct. 16, 1992, 106 Stat. 2162, related to scholarship program for deaf education or special education careers. A prior section 4358, Pub. L. 99–371, title II, § 208, formerly title IV, § 408, Aug. 4, 1986, 100 Stat. 792; renumbered title II, § 208, Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, provided for a National Technical Institute for the Deaf endowment program, prior to repeal effective Oct. 1, 1992, by Pub. L. 102–421, title I, §§ 137(1), 161, Oct. 16, 1992, 106 Stat. 2159, 2164. See [section 4357 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4357&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4358

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

20 U.S.C. § 4357 — Federal endowment programs for Gal-

Page 1232 TITLE 20—EDUCATION § 4356 1998—Subsec. (c). Pub. L. 105–244 substituted ‘‘1998 through 2003’’ for ‘‘1993, 1994, 1995, 1996, and 1997’’. 1993—Subsec. (a). Pub. L. 103–73 substituted ‘‘individ- uals who are deaf or hard of hearing’’ for ‘‘individuals who are deaf’’ and struck out ‘‘the provisions of’’ after ‘‘pursuant to’’. 1992—Pub. L. 102–421, § 135(a), amended section gen- erally. Prior to amendment, section read as follows: ‘‘The Secretary shall conduct monitoring and evalua- tion activities of the education programs and activities and the administrative operations of Gallaudet Univer- sity and of the National Technical Institute for the Deaf. In carrying out the responsibilities described in this section, the Secretary is authorized to employ such consultants as may be necessary pursuant to the provisions of section 3109 of title 5.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–421 effective Oct. 1, 1992, see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title. § 4356. Liaison for educational programs (a) Designation of liaison The Secretary shall designate an individual in the Office of Special Education and Rehabilita- tive Services of the Department of Education from among individuals who have experience in the education of individuals who are deaf to serve as liaison between the Department and Gallaudet University, the National Technical Institute for the Deaf, and other postsecondary educational programs for individuals

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 4357

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