20 U.S.C. § 4354 — Reports

Page 1230 TITLE 20—EDUCATION § 4354 Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 691f of this title prior to repeal by Pub. L. 99–371. AMENDMENTS 2009—Subsec. (b)(2). Pub. L. 111–39 substituted ‘‘and subsections (a), (b), and (c) of section 4359a of this title.’’ for ‘‘and subsections (b) and (c) of section 4359a of this title.’’ 2008—Subsec. (b)(2). Pub. L. 110–315, § 905(1)(A), sub- stituted ‘‘sections 4302(b), 4305(b)(4), 4332(b)(5), 4353(c), 4357(b)(2) of this title, subsections (c) through (f) of sec- tion 4357 of this title, and subsections (b) and (c) of sec- tion 4359a of this title’’ for ‘‘sections 4302(b), 4305(b)(4), 4332(b)(5) of this title, and subsection (c) of this section, paragraphs (2) and (3) of section 4357(b) of this title, subsections (b)(2), (b)(3), and (c) through (f), of section 4357 of this title, and subsections (b) and (c) of section 4359a of this title’’. Subsec. (b)(3). Pub. L. 110–315, § 905(1)(B), inserted ‘‘and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate’’ after ‘‘Secretary’’. Subsec. (c)(2)(A). Pub. L. 110–315, § 905(2), substituted ‘‘Committee on Health, Education, Labor, and Pensions of the Senate’’ for ‘‘Committee on Labor and Human Resources of the Senate’’. 2004—Subsec. (a). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’ in heading and text. 1998—Subsec. (b). Pub. L. 105–244 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Gallaudet University shall have an annual independent financial audit made of the pro- grams and activities of the University. The institution of higher education with which the Secretary has an agreement under section 4332 of this title shall have an annual independent financial audit made of the pro- grams and activities of such institution of higher edu- cation, including NTID, and containing specific sched- ules and analyses for all NTID funds, as determined by the Secretary.’’ 1993—Subsec. (b). Pub. L. 103–73, § 204(b), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Gallaudet University and the institution of higher education operating the National Technical In- stitute for the Deaf shall have an annual independent audit made of the programs and activities of the Uni- versity and of NTID, respectively.’’ Pub. L. 103–73, § 202, substituted ‘‘NTID’’ for ‘‘the In- stitute’’. 1992—Subsec. (c). Pub. L. 102–421, § 133, added subsec. (c). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. 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. § 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 shall prepare and sub- mit 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 fol- lowing: (1) The number of students during the pre- ceding academic year who enrolled and wheth- er these were first-time enrollments, who graduated, who found employment, or who left without completing a program of study, re- ported under each of the programs of the Uni- versity (elementary, secondary, under- graduate, and graduate) and of NTID. (2) For the preceding academic year, and to the extent possible, the following data on indi- viduals who are deaf and from minority back- grounds and who are students (at all edu- cational 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 elemen- tary 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 lev- els. (F) Employment openings/vacancies and grade level/type of job and number of these individuals that applied and that were hired. (G) Strategies (such as parent groups and training classes in the development of indi- vidualized education programs) used by the elementary and secondary programs and the extension centers to reach and actively in- volve minority parents in the educational programs of their children who are deaf or hard of hearing and the number of parents who have been served as a result of these ac- tivities. (3)(A) A summary of the annual audited fi- nancial statements and auditor’s report of the University, as required under section 4353 of this title, and (B) a summary of the annual au- dited financial statements and auditor’s re- port of NTID programs and activities, and such supplementary schedules presenting fi- nancial information for NTID for the end of the Federal fiscal year as determined by the Secretary. Page 1231 TITLE 20—EDUCATION § 4355 (4) For the preceding fiscal year, a state- ment showing the receipts of the University and NTID and from what Federal sources, and a statement showing the expenditures of each institution by function, activity, and adminis- trative and academic unit. (5) A statement showing the use of funds (both corpus and income) provided by the Fed- eral Endowment Program under section 4357 of this title. (6) A statement showing how such Endow- ment Program funds are invested, what the gains or losses (both realized and unrealized) on such investments were for the most recent fiscal year, and what changes were made in in- vestments during that year. (7) Such additional information as the Sec- retary may consider necessary. (Pub. L. 99–371, title II, § 204, formerly title IV, § 404, Aug. 4, 1986, 100 Stat. 790; renumbered title II, § 204, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 134, Oct. 16, 1992, 106 Stat. 2151, 2157; Pub. L. 103–73, title II, § 204(c), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105–244, title IX, § 917, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, § 906, Aug. 14, 2008, 122 Stat. 3453.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 691f of this title prior to repeal by Pub. L. 99–371. AMENDMENTS 2008—Pub. L. 110–315, § 906(1), substituted ‘‘Committee on Health, Education, Labor, and Pensions of the Sen- ate’’ for ‘‘Committee on Labor and Human Resources of the Senate’’ in introductory provisions. Par. (1). Pub. L. 110–315, § 906(2), struck out ‘‘pre- paratory,’’ after ‘‘secondary,’’. Par. (2)(C). Pub. L. 110–315, § 906(3), substituted ‘‘on the date that is one year after the date of graduation or completion’’ for ‘‘upon graduation/completion’’. Par. (3)(B). Pub. L. 110–315, § 906(4), substituted ‘‘of NTID programs and activities’’ for ‘‘of the institution of higher education with which the Secretary has an agreement under section 4332 of this title, including specific schedules and analyses for all NTID funds, as required under section 4353 of this title’’. 1998—Par. (3). Pub. L. 105–244 substituted ‘‘A sum- mary of the annual’’ for ‘‘The annual’’ in subpar. (A) and substituted ‘‘a summary of the annual’’ for ‘‘the annual’’ in subpar. (B). 1993—Par. (1). Pub. L. 103–73, § 204(c)(1), substituted ‘‘first-time’’ for ‘‘first time’’. Par. (2)(G). Pub. L. 103–73, § 204(c)(2), substituted ‘‘in- dividualized education programs’’ for ‘‘Individualized Education Programs’’ and ‘‘children who are deaf or hard of hearing’’ for ‘‘children who are deaf’’. Par. (3). Pub. L. 103–73, § 204(c)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The annual audited financial statements of the Uni- versity and NTID, respectively, together with the audi- tor’s report.’’ Par. (6). Pub. L. 103–73, § 204(c)(4), substituted ‘‘Pro- gram funds are’’ for ‘‘Program is’’. 1992—Pub. L. 102–421, § 134, amended section generally, substituting present provisions for provisions requiring annual reports from Board of Trustees of Gallaudet University and National Technical Institute for the Deaf and providing for an annual monitoring and eval- uation report. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. 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. § 4355. Monitoring, evaluation, and reporting (a) Activities The Secretary shall conduct monitoring and evaluation activities of the education programs and activities and the administrative operations of the University (including the elementary, sec- ondary, undergraduate, and graduate programs) and of NTID. The Secretary may also conduct studies related to the provision of preschool, ele- mentary, secondary, and postsecondary edu- cation and other related services to individuals who are deaf or hard of hearing. In carrying out the responsibilities described in this section, the Secretary is authorized to employ such consult- ants as may be necessary pursuant to section 3109 of title 5. (b) Report The Secretary shall annually transmit infor- mation to Congress on the monitoring and eval- uation activities pursuant to subsection (a), to- gether with such recommendations, including recommendations for legislation, as the Sec- retary may consider necessary. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2014 to carry out the moni- toring and evaluation activities authorized under this section. (Pub. L. 99–371, title II, § 205, formerly title IV, § 405, Aug. 4, 1986, 100 Stat. 790; renumbered title II, § 205, and amended Pub. L. 102–421, title I, §§ 101(b)(5), (6), 135(a), Oct. 16, 1992, 106 Stat. 2151, 2158; Pub. L. 103–73, title II, § 204(d), Aug. 11, 1993, 107 Stat. 735; Pub. L. 105–244, title IX, § 918, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, § 907, Aug. 14, 2008, 122 Stat. 3453.) Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–315, § 907(1), struck out ‘‘preparatory,’’ before ‘‘undergraduate’’. Subsec. (b). Pub. L. 110–315, § 907(2), substituted ‘‘The Secretary shall annually transmit information to Con- gress on’’ for ‘‘The Secretary, as part of the annual re- port required under section 3486 of this title, shall in- clude a description of’’. Subsec. (c). Pub. L. 110–315, § 907(3), substituted ‘‘fis- cal years 2009 through 2014’’ for ‘‘fiscal years 1998 through 2003’’.