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Title 20 — Education

Part A · Chapter 55 — Education of the Deaf

§ 4305. Agreement with Gallaudet University

Statutory text

(a)

General authority

The Secretary and Gallaudet University shall establish, and periodically update, an agreement governing the operation and national mission activities, including construction and provision of equipment, of the elementary and secondary education programs at the University. The Secretary or the University shall determine the necessity for the periodic update described in the preceding sentence.

(b)

Provisions of agreement

The agreement shall—

(1)

provide that Federal funds appropriated for the benefit of the Kendall Demonstration Elementary School and the Model Secondary School for the Deaf will be used only for the purposes for which appropriated and in accordance with the applicable provisions of this chapter and such agreement;

(2)

provide that the University will make an annual report, to be part of the report required under section 4354 of this title, to the Secretary on the operations and national mission activities of the elementary and secondary education programs, including such other information as the Secretary may consider necessary;

(3)

provide that in the design and construction of any facilities, maximum attention will be given to innovative auditory and visual devices and installations appropriate for the educational functions of such facilities;

(4)

provide that any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any construction aided by Federal funds appropriated for the benefit of the Kendall Demonstration Elementary School or the Model Secondary School for the Deaf will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, commonly referred to as the Davis-Bacon Act; except that the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40; and

(5)

include such other conditions as the Secretary or the University considers necessary to carry out the purposes of this part.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 99–371 title I § 105 · 100 Stat. 781

    Enacted · 20 U.S.C. § 4305

    Pub. L. 99–371, title I, § 105, as added Pub. L. 102–421, title I, § 113, Oct. 16, 1992, 106 Stat. 2154

    Source evidence

    Code source credit
    Pub. L. 99–371, title I, § 105, as added Pub. L. 102–421, title I, § 113, Oct. 16, 1992, 106 Stat. 2154

  2. Education of the Deaf Act Amendments of 1993

    Pub. L. 103–73 § 203(e)(1) · 107 Stat. 718

    Substituted · 20 U.S.C. § 4305(b)(2)

    Pub. L. 103–73, § 203(e)(1), substituted “will” for “shall”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–73, § 203(e)(1), substituted “will” for “shall”.

    Enacted provision · exact public law section
    (1) in paragraph (2), by striking “shall” and inserting “will”; and

  3. Education of the Deaf Act Amendments of 1993

    Pub. L. 103–73 § 203(e)(2) · 107 Stat. 718

    1. Substituted · 20 U.S.C. § 4305(b)(4)

      Pub. L. 103–73, § 203(e)(2), substituted “Elementary School or the Model” for “Elementary School and the Model”

    2. Substituted · 20 U.S.C. § 4305(b)(4)

      Pub. L. 103–73, § 203(e)(2), substituted “except that the Secretary” for “and the Secretary”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 103–73, § 203(e)(2), substituted “Elementary School or the Model” for “Elementary School and the Model” and “except that the Secretary” for “and the Secretary”.

    Enacted provision · exact public law section
    (2) in paragraph (4)— (A) by striking “Elementary School and the Model” and inserting “Elementary School or the Model”; and (B) by striking “and the Secretary” and inserting “except that the Secretary”.

  4. Higher Education Amendments of 1998

    Pub. L. 105–244 title IX § 913 · 112 Stat. 1581

    1. Substituted · 20 U.S.C. § 4305(a)

      Pub. L. 105–244 substituted “and periodically update, an” for “within 1 year after October 16, 1992, a new”

    2. Substituted · 20 U.S.C. § 4305(a)

      Pub. L. 105–244 substituted “The Secretary or the University shall determine the necessity for the periodic update described in the preceding sentence.” for “The Secretary and the University shall periodically update the agreement as determined to be necessary by the Secretary or the University.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–244 substituted “and periodically update, an” for “within 1 year after October 16, 1992, a new” and “The Secretary or the University shall determine the necessity for the periodic update described in the preceding sentence.” for “The Secretary and the University shall periodically update the agreement as determined to be necessary by the Secretary or the University.”

    Enacted provision · exact public law section
    SEC. 913. District of Columbia. AGREEMENT WITH GALLAUDET UNIVERSITY. Section 105(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4305(a)) is amended— (1) by striking “within 1 year after enactment of the Education of the Deaf Act Amendments of 1992, a new” and inserting “and periodically update, an”; and (2) by amending the second sentence to read as follows: “The Secretary or the University shall determine the necessity for the periodic update described in the preceding sentence.” .

    Effective date note
    Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

  5. Higher Education Opportunity Act

    Pub. L. 110–315 title IX § 902 · 122 Stat. 3078

    1. Substituted · 20 U.S.C. § 4305(b)(4)

      Pub. L. 110–315 substituted “subchapter IV of chapter 31 of title 40, commonly referred to as the Davis-Bacon Act” for “the Act of March 3, 1931 (40 U.S.C. 276a—276a–5) commonly referred to as the Davis-Bacon Act”

    2. Substituted · 20 U.S.C. § 4305(b)(4)

      Pub. L. 110–315 substituted “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 110–315 substituted “subchapter IV of chapter 31 of title 40, commonly referred to as the Davis-Bacon Act” for “the Act of March 3, 1931 (40 U.S.C. 276a—276a–5) commonly referred to as the Davis-Bacon Act” and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”.

    Enacted provision · exact public law section
    SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.   Section 105(b)(4) of the Education of the Deaf Act of 1986 (20 U.S.C. 4305(b)(4)) is amended— (1) by striking “the Act of March 3, 1931 (40 U.S.C. 276a–276a–5) commonly referred to as the Davis-Bacon Act” and inserting “subchapter IV of chapter 31 of title 40, United States Code, commonly referred to as the Davis-Bacon Act”; and (2) by striking “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)” and inserting “section 3145 of title 40, United States Code”.

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Reorganization Plan Numbered 14 of 1950, referred to in subsec. (b)(4), is set out in the Appendix to Title 5, Government Organization and Employees.

Amendments1993–2008 · 3 rounds

2008

Subsec. (b)(4). Pub. L. 110–315 substituted “subchapter IV of chapter 31 of title 40, commonly referred to as the Davis-Bacon Act” for “the Act of (40 U.S.C. 276a—276a–5) commonly referred to as the Davis-Bacon Act” and “section 3145 of title 40” for “section 2 of the Act of June 13, 1934 (40 U.S.C. 276c)”.

1998

Subsec. (a). Pub. L. 105–244 substituted “and periodically update, an” for “within 1 year after , a new” and “The Secretary or the University shall determine the necessity for the periodic update described in the preceding sentence.” for “The Secretary and the University shall periodically update the agreement as determined to be necessary by the Secretary or the University.”

1993

Subsec. (b)(2). Pub. L. 103–73, § 203(e)(1), substituted “will” for “shall”.

Subsec. (b)(4). Pub. L. 103–73, § 203(e)(2), substituted “Elementary School or the Model” for “Elementary School and the Model” and “except that the Secretary” for “and the Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective , except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Effective Date

Section effective , see section 161 of Pub. L. 102–421, set out as an Effective Date of 1992 Amendment note under section 4301 of this title.

Credits

1992–2008 · 4 acts
  1. 1992Pub. L. 99–371, title I, § 105, as added Pub. L. 102–421, title I, § 113, , 106 Stat. 2154
  2. 1993amended Pub. L. 103–73, title II, § 203(e), , 107 Stat. 734
  3. 1998Pub. L. 105–244, title IX, § 913, , 112 Stat. 1830
  4. 2008Pub. L. 110–315, title IX, § 902, , 122 Stat. 3451.
Show as published

(Pub. L. 99–371, title I, § 105, as added Pub. L. 102–421, title I, § 113, , 106 Stat. 2154; amended Pub. L. 103–73, title II, § 203(e), , 107 Stat. 734; Pub. L. 105–244, title IX, § 913, , 112 Stat. 1830; Pub. L. 110–315, title IX, § 902, , 122 Stat. 3451.)

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