29 U.S.C. § 1905 — Definitions

Page 759 TITLE 29—LABOR § 1905 Adults’’, ‘‘prior to February 22, 1984’’ for ‘‘pursuant to section 313 of the Rehabilitation Act of 1973’’, and ‘‘sub- section (b)’’ for ‘‘subsection (c)’’, and struck out former subsec. (a) which repealed section 777c of this title. Subsecs. (b), (c). Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), redesignated subsec. (c) as (b), substituted ‘‘indi- vidual who is deaf-blind’’ for ‘‘deaf-blind individual’’ in par. (1), added par. (2), redesignated former par. (2) as (3) and substituted ‘‘individuals who are deaf-blind’’ for ‘‘deaf-blind individuals’’, and redesignated former par. (3) as (4). Former subsec. (b) redesignated (a). § 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 fol- lowing the completion of the audit and accept- ance 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 reg- ular 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 Rep- resentatives, 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.) Editorial Notes AMENDMENTS 1992—Subsec. (a). Pub. L. 102–569 substituted ‘‘within 15 days following the completion of the audit and ac- ceptance of the audit by the Center’’ for ‘‘at such time as the Secretary shall prescribe’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b)(2) of this section relating to submitting a written report to the Clerk of the House of Representa- tives and the Secretary of the Senate, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 81 of House Document No. 103–7. § 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 ap- propriation 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.) Editorial Notes AMENDMENTS 1998—Subsec. (a). Pub. L. 105–220 substituted ‘‘1999 through 2003’’ for ‘‘1993 through 1997’’. 1992—Subsec. (a). Pub. L. 102–569 substituted ‘‘1993 through 1997’’ for ‘‘1987 through 1992’’. 1991—Subsec. (a). Pub. L. 102–52 substituted ‘‘1992’’ for ‘‘1991’’. 1988—Subsec. (a). Pub. L. 100–630 substituted ‘‘1991’’ for ‘‘1990’’. 1986—Subsec. (a). Pub. L. 99–506 amended first sen- tence generally. Prior to amendment, first sentence read as follows: ‘‘There are authorized to be appro- priated $4,000,000 for the fiscal year 1984, $4,200,000 for the fiscal year 1985, and $4,300,000 for the fiscal year 1986 to carry out the provisions of this chapter.’’ § 1905. Definitions For 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 pur- suant 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 periph- eral diameter of visual field subtends an an- gular 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 under- stood with optimum amplification, or a pro- gressive hearing loss having a prognosis leading to this condition; and (iii) for whom the combination of impair- ments described in clauses (i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psycho- social adjustment, or obtaining a vocation; (B) who despite the inability to be meas- ured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through func- tional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining inde- pendence in daily life activities, achieving psychosocial adjustment, or obtaining voca- tional objectives; or (C) meets such other requirements as the Secretary may prescribe by regulation; and (3) the term ‘‘Secretary’’ means the Sec- retary 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.) Editorial Notes AMENDMENTS 1992—Par. (1). Pub. L. 102–569, §§ 905(1), 908(c)(1), sub- stituted ‘‘Youths and Adults who are Deaf-Blind’’ for Page 760 TITLE 29—LABOR § 1906 ‘‘Deaf-Blind Youths and Adults’’ in two places and struck out ‘‘section 313 of the Rehabilitation Act of 1973 and continued under’’ after ‘‘operated pursuant to’’. Par. (2). Pub. L. 102–569, § 905(2), amended par. (2) gen- erally, substituting present provisions for provisions defining ‘‘deaf-blind individual’’. § 1906. Construction; effect on agreements This chapter shall not be construed as modi- fying or affecting any agreement between the Department of Education or any other depart- ment or agency of the United States and the Helen Keller Services for the Blind, Incor- porated, 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.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–569 substituted ‘‘Helen Keller Serv- ices for the Blind, Incorporated’’ for ‘‘Industrial Home for the Blind, Incorporated’’. § 1907. Helen Keller National Center Federal En- dowment Fund (a) Establishment The Secretary and the Board of Directors of the Helen Keller National Center are authorized to establish the Helen Keller National Center Federal Endowment Fund (hereafter in this sec- tion referred to as the ‘‘Endowment Fund’’) in accordance with the provisions of this section, to promote the financial independence of the Helen Keller National Center. 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) In general The Secretary shall make payments to the Endowment Fund from amounts appropriated pursuant to subsection (h), consistent with the provisions of this section. (2) Amount of payment Subject to the availability of appropriations, the Secretary shall make payments to the En- dowment Fund in amounts equal to sums con- tributed to the Endowment Fund from non- Federal sources (excluding transfers from other endowment funds of the Center). (c) Investments (1) In general The Center, in investing the Endowment Fund corpus and income, shall exercise the judgment and care, under the prevailing cir- cumstances, which a person of prudence, dis- cretion, and intelligence would exercise in the management of that person’s own business af- fairs. (2) Limitations (A) Federally insured investments and other investments The Endowment Fund corpus and income shall be invested in federally insured bank savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obliga- tions of the United States, or other low-risk instruments and securities in which a regu- lated insurance company may invest under the laws of the State of New York. (B) Real estate The Endowment Fund corpus and income may not be invested in real estate. (C) Conflict of interest The Endowment Fund corpus or income may not be invested in instruments or secu- rities issued by an organization in which an executive officer is a controlling share- holder, director, or owner within the mean- ing of Federal securities laws and other ap- plicable laws. (D) Encumbrances The Center may not assign, hypothecate, encumber, or create a lien on the Endow- ment Fund corpus without specific written authorization of the Secretary. (d) Withdrawals and expenditures (1) In general For a 20-year period following the receipt of a payment under this section, the Center shall not withdraw or expend the Federal payment or matching contribution made to the Endow- ment Fund corpus. On the expiration of such period, the Center may use the Endowment Fund corpus plus any of the Endowment Fund income for any purpose that benefits individ- uals who are deaf-blind. (2) Operational and commercial expenses (A) In general The Helen Keller National Center may withdraw or expend the Endowment Fund in- come for any expenses necessary for the op- eration of the Center, including expenses of operations and maintenance, administra- tion, academic and support personnel, con- struction and renovation, community and client services programs, technical assist- ance, and research. (B) Limitation The Center may not withdraw or expend the Endowment Fund income for any com- mercial purpose. (3) Limitations and waiver of limitations (A) In general Except as provided in subparagraph (B), the Center shall not withdraw or expend more than 50 percent of the total aggregate Endowment Fund income earned prior to the time of withdrawal or expenditure. (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 expend- iture is necessary because of— (i) a financial emergency, such as a pend- ing insolvency or temporary liquidity problem;