20 U.S.C. § 4352 — Gifts

Page 1228 TITLE 20—EDUCATION § 4352 ings, and expansion, remodeling, and alter- ation of existing buildings and equipment therein, including architect’s services, but ex- cluding off-site improvements. (3) The term ‘‘institution of higher edu- cation’’ means an educational institution in any State which (A) admits as regular stu- dents 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 edu- cation beyond secondary education; (C) pro- vides an educational program for which it awards a bachelor’s degree; (D) includes one or more professional or graduate schools; (E) is a public or nonprofit private institution; and (F) is accredited by a nationally recognized ac- crediting agency or association. For the pur- pose of subparagraph (F), the Secretary shall publish a list of nationally recognized accred- iting agencies or associations which the Sec- retary determines to be reliable authority as to the quality of training offered. (4) The term ‘‘Secretary’’ means the Sec- retary of Education. (5) The term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the Virgin Islands, and the Com- monwealth of the Northern Mariana Islands. (6) The term ‘‘NTID’’ means the National Technical Institute for the Deaf. (7) The term ‘‘University’’ means Gallaudet University. (Pub. L. 99–371, title II, § 201, formerly title IV, § 401, Aug. 4, 1986, 100 Stat. 789; renumbered title II, § 201, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 131, 151(a)(3), (b), Oct. 16, 1992, 106 Stat. 2151, 2155, 2164; Pub. L. 103–73, title II, § 204(a), Aug. 11, 1993, 107 Stat. 734; Pub. L. 105–244, title IX, § 915, Oct. 7, 1998, 112 Stat. 1830.) Editorial Notes PRIOR PROVISIONS A prior section 201 of Pub. L. 99–371 was renumbered section 111 and is classified to section 4331 of this title. Provisions similar to this section were contained in sections 682, 693a, and 695a of this title prior to repeal by Pub. L. 99–371. AMENDMENTS 1998—Par. (1)(C). Pub. L. 105–244, § 915(1), struck out ‘‘Palau (but only until the Compact of Free Association with Palau takes effect),’’ after ‘‘Guam,’’. Par. (5). Pub. L. 105–244, § 915(2), inserted ‘‘and’’ after ‘‘Virgin Islands,’’ and struck out ‘‘, and Palau (but only until the Compact of Free Association with Palau takes effect)’’ after ‘‘Mariana Islands’’. 1993—Pub. L. 103–73 substituted ‘‘and’’ for ‘‘or’’ at end of par. (1)(B), redesignated pars. (4) and (6) to (9) as (3) to (7), respectively, and struck out former pars. (3) and (5) which defined ‘‘elementary school’’ and ‘‘secondary school’’, respectively. 1992—Par. (1). Pub. L. 102–421, § 131(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘The term ‘Board of Trustees’ means (unless the con- text requires otherwise) the Board of Trustees of Gal- laudet University established under section 4303 of this title.’’ Par. (2). Pub. L. 102–421, § 151(b)(1), substituted ‘‘there- in’’ for ‘‘thereof’’. Par. (3). Pub. L. 102–421, § 151(a)(3), (b)(2), substituted ‘‘children who are deaf or hard-of-hearing’’ for ‘‘deaf children’’. Par. (4). Pub. L. 102–421, § 151(b)(3), substituted a semi- colon for last comma in subpars. (A) to (E) of first sen- tence and ‘‘subparagraph’’ for ‘‘clause’’ in second sen- tence. Pub. L. 102–421, § 131(2), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: ‘‘The term ‘Institute’ means the National Technical Insti- tute for the Deaf.’’ Pars. (5), (6). Pub. L. 102–421, § 131(2)(B), redesignated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4). Par. (7). Pub. L. 102–421, § 131(2)(B), (3), redesignated par. (8) as (7) and substituted ‘‘the Commonwealth of the Northern Mariana Islands, and Palau (but only until the Compact of Free Association with Palau takes effect).’’ for ‘‘the Northern Mariana Islands and the Trust Territory of the Pacific Islands.’’. Former par. (7) redesignated (6). Pars. (8), (9). Pub. L. 102–421, § 131(2)(B), (4), added pars. (8) and (9) and redesignated former par. (8) as (7). 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. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. § 4352. Gifts The University and NTID are authorized to re- ceive by gift, devise, bequest, purchase, or other- wise, property, both real and personal, for the use of the University or NTID, or for the use, as appropriate, for any programs, departments, or other units as may be designated in the convey- ance or will, and to hold, invest, use, or dispose of such property for the purpose stated in the conveyance or will. (Pub. L. 99–371, title II, § 202, formerly title IV, § 402, Aug. 4, 1986, 100 Stat. 789; renumbered title II, § 202, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 132, Oct. 16, 1992, 106 Stat. 2151, 2156.) Editorial Notes PRIOR PROVISIONS A prior section 202 of Pub. L. 99–371 was renumbered section 112 and is classified to section 4332 of this title. Provisions similar to subsec. (a) of this section were contained in section 691c of this title prior to repeal by Pub. L. 99–371. AMENDMENTS 1992—Pub. L. 102–421, § 132, amended section generally. Prior to amendment, section read as follows: ‘‘(a) GALLAUDET UNIVERSITY.—Gallaudet University is authorized to receive by gift, devise, bequest, purchase, or otherwise, property, both real and personal, for the 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 mission and school operations of the elementary and sec- ondary education programs at Gallaudet. The institution of higher education with which the Secretary has an agreement under section 4332 of this title shall have an annual independent financial and compliance audit made of the programs and activities of such institution of higher education, including NTID, and con- taining 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),1 4357(b)(2) of this title, sub- sections (c) through (f) of section 4357 of this title, and subsections (a), (b), and (c) of section 4359a of this title. (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 au- thorized to establish and operate the NTID under section 4332(a) of this title, 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 agree- ment). (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 regard- ing programs, projects, and activities con- ducted at those institutions. (E) Membership in country clubs and so- cial 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 al- lowability of expenditures for each institu- tion. These policies should reflect the unique nature of these institutions. The principles es- tablished 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 allow- ability and reasonableness of all costs associ- ated with the operations of the institutions shall be addressed. These policies shall be sub- mitted to the Secretary for review and com- ments, 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 in- clude the following: (i) Noninstitutional professional activities. (ii) Fringe benefits. (iii) Interest on loans. (iv) Rental cost of buildings and equip- ment. (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). (Pub. L. 99–371, title II, § 203, formerly title IV, § 403, Aug. 4, 1986, 100 Stat. 790; renumbered title II, § 203, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 133, Oct. 16, 1992, 106 Stat. 2151, 2156; Pub. L. 103–73, title II, §§ 202, 204(b), Aug. 11, 1993, 107 Stat. 732, 734; Pub. L. 105–244, title IX, § 916, Oct. 7, 1998, 112 Stat. 1830; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–315, title IX, § 905, Aug. 14, 2008, 122 Stat. 3452; Pub. L. 111–39, title VIII, § 802(b), July 1, 2009, 123 Stat. 1957.)