Title 20 — Education
Part B · Chapter 55 — Education of the Deaf
§ 4332. Agreement for National Technical Institute for the Deaf
Statutory text
General authority
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.
The Secretary and the institution of higher education with which the Secretary has an agreement under this section—
shall periodically assess the need for modification of the agreement; and
shall periodically update the agreement as determined necessary by the Secretary or the institution.
Provisions of agreement
The agreement shall—
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;
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;
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 under the agreement with the Secretary, which accounting the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and to the Committee on Health, Education, Labor, and Pensions of the Senate, with such comments and recommendations as the Secretary may deem appropriate;
include such other conditions as the Secretary deems necessary to carry out the purposes of this part;
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 NTID 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
establish a policy of outreach and recruitment to employ and advance in employment qualified individuals with disabilities, particularly individuals who are deaf or hard of hearing.
Limitation
If, within twenty years after the completion of any construction (except minor remodeling or alteration) for which such funds have been paid—
the facility ceases to be used for the purposes for which it was constructed or the agreement is terminated, unless the Secretary determines that there is good cause for releasing the institution from its obligation, or
the institution ceases to be the owner of the facility,
the United States shall be entitled to recover from the applicant or other owner of the facility an amount which has the same ratio with respect to the current market value of the facility as the amount of Federal funds expended for construction of such facility bears to the total cost of construction of the facility. The current market value of the facility shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated.
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.
Pub. L. 99–371 title I § 112 · 100 Stat. 781
Enacted · 20 U.S.C. § 4332
Pub. L. 99–371, title I, § 112, formerly title II, § 202, Aug. 4, 1986, 100 Stat. 785
Source evidence
Code source credit
Pub. L. 99–371, title I, § 112, formerly title II, § 202, Aug. 4, 1986, 100 Stat. 785Education of the Deaf Act Amendments of 1992
Pub. L. 102–421 § 121(1) · 106 Stat. 2151
Amended · 20 U.S.C. § 4332(a)
Pub. L. 102–421, § 121(1), designated existing provisions as par. (1)
Added · 20 U.S.C. § 4332(a)
Pub. L. 102–421, § 121(1), added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–421, § 121(1), designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(1) in subsection (a)— (A) by striking “.—The Secretary” and inserting “.— (1) The Secretary”; and (B) by adding at the end the following paragraph: “(2) The Secretary, and the institution of higher education with which the Secretary has an agreement under this section, shall, within 1 year after the enactment of the Education of the Deaf Act Amendments of 1992, assess the need for modification of the agreement. The Secretary and the institution of higher education with which the Secretary has an agreement under this section shall also periodically update the agreement as determined to be necessary by the Secretary or the institution.”;Education of the Deaf Act Amendments of 1992
Pub. L. 102–421 § 151(a)(4) · 106 Stat. 2151
Substituted · 20 U.S.C. § 4332(b)(2)
Pub. L. 102–421, § 151(a)(4), substituted “individuals who are deaf” for “the deaf”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 102–421, § 151(a)(4), substituted “individuals who are deaf” for “the deaf”.Enacted provision · exact public law section
(4) by striking “the deaf” each place such term appears and inserting “individuals who are deaf”; andEducation of the Deaf Act Amendments of 1992
Pub. L. 102–421 § 121(2) · 106 Stat. 2151
Substituted · 20 U.S.C. § 4332(b)(3)
Pub. L. 102–421, § 121(2), substituted “will prepare and submit to the Secretary an annual report, including an accounting of all indirect costs paid to the institution of higher education under the agreement with the Secretary, which report the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate,” for “will make an annual report together with an accounting of all indirect costs paid to the institution of higher education under the agreement to the Secretary, which the Secretary shall transmit to the Congress”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 102–421, § 121(2), substituted “will prepare and submit to the Secretary an annual report, including an accounting of all indirect costs paid to the institution of higher education under the agreement with the Secretary, which report the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate,” for “will make an annual report together with an accounting of all indirect costs paid to the institution of higher education under the agreement to the Secretary, which the Secretary shall transmit to the Congress”.Enacted provision · exact public law section
(2) in subsection (b)(3), by striking “will make” and all that follows through “the Congress” and inserting the following: “will prepare and submit to the Secretary an annual report, including an accounting of all indirect costs paid to the institution of higher education under the agreement with the Secretary, which report the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate,”; andEducation of the Deaf Act Amendments of 1992
Pub. L. 102–421 § 121(3) · 106 Stat. 2151
Added · 20 U.S.C. § 4332(b)(6)
Pub. L. 102–421, § 121(3), added par. (6)
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 102–421, § 121(3), added par. (6).Enacted provision · exact public law section
(3) in subsection (b) by adding, at the end the following new paragraph: “(6) establish a policy of outreach and recruitment to employ and advance in employment qualified individuals with disabilities, particularly individuals who are deaf or individuals who are hard of hearing.”.Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(g)(1) · 107 Stat. 718
Substituted · 20 U.S.C. § 4332
Pub. L. 103–73, § 203(g)(1), substituted “National Technical Institute for the Deaf” for “Institute” in section catchline
Source evidence
Code amendment note
Pub. L. 103–73, § 203(g)(1), substituted “National Technical Institute for the Deaf” for “Institute” in section catchline.Enacted provision · exact public law section
(1) in the section heading by striking “INSTITUTE” and inserting in lieu thereof “NATIONAL TECHNICAL INSTITUTE FOR THE DEAF”;Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(g)(2)(A) · 107 Stat. 718
Substituted · 20 U.S.C. § 4332(a)(1)
Pub. L. 103–73, § 203(g)(2)(A), substituted “part” for “chapter”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 103–73, § 203(g)(2)(A), substituted “part” for “chapter”.Enacted provision · exact public law section
(A) by striking “Act” in paragraph (1) and inserting “part”; andEducation of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(g)(2)(B) · 107 Stat. 718
Struck · 20 U.S.C. § 4332(a)(2)
Pub. L. 103–73, § 203(g)(2)(B), in first sentence struck out comma after “The Secretary” and after “this section”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 103–73, § 203(g)(2)(B), in first sentence struck out comma after “The Secretary” and after “this section”.Enacted provision · exact public law section
(B) by striking the first two commas in paragraph (2);Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 202 · 107 Stat. 718
Substituted · 20 U.S.C. § 4332(b)(1); 20 U.S.C. § 4332(b)(2)
Pub. L. 103–73, § 202, substituted “NTID” for “the Institute” wherever appearing
Source evidence
Code amendment note
Subsec. (b)(1), (2). Pub. L. 103–73, § 202, substituted “NTID” for “the Institute” wherever appearing.Enacted provision · exact public law section
SEC. 202. GENERAL AMENDMENT. The Act (20 U.S.C. 4301 et seq.) is amended by striking “the Institute” each place that such appears and inserting “NTID”.Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(g)(3)(A) · 107 Stat. 718
Substituted · 20 U.S.C. § 4332(b)(3)
Pub. L. 103–73, § 203(g)(3)(A), substituted “Secretary, not later than June 1 following the fiscal year for which the report is submitted, an annual report containing” for “Secretary an annual report, including”
Substituted · 20 U.S.C. § 4332(b)(3)
Pub. L. 103–73, § 203(g)(3)(A), substituted “which accounting” for “which report”
Substituted · 20 U.S.C. § 4332(b)(3)
Pub. L. 103–73, § 203(g)(3)(A), substituted “Representatives” for “Representatives,”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 103–73, § 203(g)(3)(A), substituted “Secretary, not later than June 1 following the fiscal year for which the report is submitted, an annual report containing” for “Secretary an annual report, including”, “which accounting” for “which report”, and “Representatives” for “Representatives,”.Enacted provision · exact public law section
(A) in paragraph (3)— (i) by striking “Secretary an annual report, including” and inserting “Secretary, not later than June 1 following the fiscal year for which the report is submitted, an annual report containing”; (ii) by striking “which report” and inserting “which accounting”; and (iii) by striking the comma after “Representatives”;Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(g)(3)(B) · 107 Stat. 718
Struck · 20 U.S.C. § 4332(b)(4)
Pub. L. 103–73, § 203(g)(3)(B), struck out “and” at end of par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 103–73, § 203(g)(3)(B), struck out “and” at end of par. (4).Enacted provision · exact public law section
(B) by striking “and” at the end of paragraph (4);Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(g)(3)(C) · 107 Stat. 718
Substituted · 20 U.S.C. § 4332(b)(5)
Pub. L. 103–73, § 203(g)(3)(C), substituted “except that the Secretary” for “and the Secretary” and “; and” for period at end
Source evidence
Code amendment note
Subsec. (b)(5). Pub. L. 103–73, § 203(g)(3)(C), substituted “except that the Secretary” for “and the Secretary” and “; and” for period at end.Enacted provision · exact public law section
(C) in paragraph (5)— (i) by striking “and the Secretary” and inserting “except that the Secretary”; and (ii) by striking the period at the end thereof and inserting a semicolon and “and”; andEducation of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 202 · 107 Stat. 718
Substituted · 20 U.S.C. § 4332(b)(5)
Pub. L. 103–73, § 202, substituted “NTID” for “the Institute”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–73, § 202, substituted “NTID” for “the Institute”.Enacted provision · exact public law section
SEC. 202. GENERAL AMENDMENT. The Act (20 U.S.C. 4301 et seq.) is amended by striking “the Institute” each place that such appears and inserting “NTID”.Education of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(g)(3)(D) · 107 Stat. 718
Substituted · 20 U.S.C. § 4332(b)(6)
Pub. L. 103–73, § 203(g)(3)(D), substituted “or hard of hearing” for “or individuals who are hard of hearing”
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 103–73, § 203(g)(3)(D), substituted “or hard of hearing” for “or individuals who are hard of hearing”.Enacted provision · exact public law section
(D) by striking “or individuals who are” in paragraph (6) and inserting “or”; andEducation of the Deaf Act Amendments of 1993
Pub. L. 103–73 § 203(g)(4) · 107 Stat. 718
Inserted · 20 U.S.C. § 4332(c)
Pub. L. 103–73, § 203(g)(4), inserted a comma after “If”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–73, § 203(g)(4), inserted a comma after “If”.Enacted provision · exact public law section
(4) in subsection (c), by inserting a comma after “If”.Higher Education Amendments of 1998
Pub. L. 105–244 title IX § 914 · 112 Stat. 1581
Amended · 20 U.S.C. § 4332(a)(2)
Pub. L. 105–244 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary and the institution of higher education with which the Secretary has an agreement under this section shall, within 1 year after October 16, 1992, assess the need for modification of the agreement. The Secretary and the institution of higher education with which the Secretary has an agreement under this section shall also periodically update the agreement as determined to be necessary by the Secretary or the institution.”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 105–244 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary and the institution of higher education with which the Secretary has an agreement under this section shall, within 1 year after October 16, 1992, assess the need for modification of the agreement. The Secretary and the institution of higher education with which the Secretary has an agreement under this section shall also periodically update the agreement as determined to be necessary by the Secretary or the institution.”Enacted provision · exact public law section
SEC. 914. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR THE DEAF. Paragraph (2) of section 112(a) of the Education of the Deaf Act of 1986 (20 U.S.C. 4332(a)) is amended to read as follows: “(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.” .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.Higher Education Opportunity Act
Pub. L. 110–315 § 903(1) · 122 Stat. 3078
Struck · 20 U.S.C. § 4332(a)(1)
Pub. L. 110–315, § 903(1), struck out at end “The Secretary, in considering proposals from institutions of higher education to enter into an agreement under this part, shall give preference to institutions which are located in metropolitan industrial areas.”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 110–315, § 903(1), struck out at end “The Secretary, in considering proposals from institutions of higher education to enter into an agreement under this part, shall give preference to institutions which are located in metropolitan industrial areas.”Enacted provision · exact public law section
(1) in subsection (a)(1), by striking the second sentence; andHigher Education Opportunity Act
Pub. L. 110–315 § 903(2)(A) · 122 Stat. 3078
Substituted · 20 U.S.C. § 4332(b)(3)
Pub. L. 110–315, § 903(2)(A), substituted “Committee on Health, Education, Labor, and Pensions of the Senate” for “Committee on Labor and Human Resources of the Senate”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 110–315, § 903(2)(A), substituted “Committee on Health, Education, Labor, and Pensions of the Senate” for “Committee on Labor and Human Resources of the Senate”.Enacted provision · exact public law section
(A) in paragraph (3), by striking “Committee on Labor and Human Resources of the Senate” and inserting “Committee on Health, Education, Labor, and Pensions of the Senate”; andHigher Education Opportunity Act
Pub. L. 110–315 § 903(2)(B) · 122 Stat. 3078
Substituted · 20 U.S.C. § 4332(b)(5)
Pub. L. 110–315, § 903(2)(B), 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”
Substituted · 20 U.S.C. § 4332(b)(5)
Pub. L. 110–315, § 903(2)(B), 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)(5). Pub. L. 110–315, § 903(2)(B), 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
(B) in paragraph (5)— (i) 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 (ii) 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”.
22 of 23 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (b)(5), is set out in the Appendix to Title 5, Government Organization and Employees.
Prior Provisions
Provisions similar to this section were contained in section 684 of this title prior to repeal by Pub. L. 99–371.
Amendments1992–2008 · 4 rounds
2008
Subsec. (a)(1). Pub. L. 110–315, § 903(1), struck out at end “The Secretary, in considering proposals from institutions of higher education to enter into an agreement under this part, shall give preference to institutions which are located in metropolitan industrial areas.”
Subsec. (b)(3). Pub. L. 110–315, § 903(2)(A), substituted “Committee on Health, Education, Labor, and Pensions of the Senate” for “Committee on Labor and Human Resources of the Senate”.
Subsec. (b)(5). Pub. L. 110–315, § 903(2)(B), 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)(2). Pub. L. 105–244 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary and the institution of higher education with which the Secretary has an agreement under this section shall, within 1 year after , assess the need for modification of the agreement. The Secretary and the institution of higher education with which the Secretary has an agreement under this section shall also periodically update the agreement as determined to be necessary by the Secretary or the institution.”
1993
Pub. L. 103–73, § 203(g)(1), substituted “National Technical Institute for the Deaf” for “Institute” in section catchline.
Subsec. (a)(1). Pub. L. 103–73, § 203(g)(2)(A), substituted “part” for “chapter”.
Subsec. (a)(2). Pub. L. 103–73, § 203(g)(2)(B), in first sentence struck out comma after “The Secretary” and after “this section”.
Subsec. (b)(1), (2). Pub. L. 103–73, § 202, substituted “NTID” for “the Institute” wherever appearing.
Subsec. (b)(3). Pub. L. 103–73, § 203(g)(3)(A), substituted “Secretary, not later than June 1 following the fiscal year for which the report is submitted, an annual report containing” for “Secretary an annual report, including”, “which accounting” for “which report”, and “Representatives” for “Representatives,”.
Subsec. (b)(4). Pub. L. 103–73, § 203(g)(3)(B), struck out “and” at end of par. (4).
Subsec. (b)(5). Pub. L. 103–73, § 203(g)(3)(C), substituted “except that the Secretary” for “and the Secretary” and “; and” for period at end.
Pub. L. 103–73, § 202, substituted “NTID” for “the Institute”.
Subsec. (b)(6). Pub. L. 103–73, § 203(g)(3)(D), substituted “or hard of hearing” for “or individuals who are hard of hearing”.
Subsec. (c). Pub. L. 103–73, § 203(g)(4), inserted a comma after “If”.
1992
Subsec. (a). Pub. L. 102–421, § 121(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (b)(2). Pub. L. 102–421, § 151(a)(4), substituted “individuals who are deaf” for “the deaf”.
Subsec. (b)(3). Pub. L. 102–421, § 121(2), substituted “will prepare and submit to the Secretary an annual report, including an accounting of all indirect costs paid to the institution of higher education under the agreement with the Secretary, which report the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives, and to the Committee on Labor and Human Resources of the Senate,” for “will make an annual report together with an accounting of all indirect costs paid to the institution of higher education under the agreement to the Secretary, which the Secretary shall transmit to the Congress”.
Subsec. (b)(6). Pub. L. 102–421, § 121(3), added par. (6).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .
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 of 1992 Amendment
Amendment by Pub. L. 102–421 effective , see section 161 of Pub. L. 102–421, set out as a note under section 4301 of this title.
Establishment of Institute
Pursuant to an agreement entered into between the Secretary and the Rochester Institute of Technology on , the National Technical Institute for the Deaf (N.T.I.D.) was established and located at Rochester, New York.
Credits
1986–2008 · 5 acts
- 1986Pub. L. 99–371, title I, § 112, formerly title II, § 202, , 100 Stat. 785
- 1992renumbered title I, § 112, and amended Pub. L. 102–421, title I, §§ 101(b)(3), (4), 121, 151(a)(4), , 106 Stat. 2151, 2155, 2164
- 1993Pub. L. 103–73, title II, §§ 202, 203(g), , 107 Stat. 732, 734
- 1998Pub. L. 105–244, title IX, § 914, , 112 Stat. 1830
- 2008Pub. L. 110–315, title IX, § 903, , 122 Stat. 3451.
Show as published
(Pub. L. 99–371, title I, § 112, formerly title II, § 202, , 100 Stat. 785; renumbered title I, § 112, and amended Pub. L. 102–421, title I, §§ 101(b)(3), (4), 121, 151(a)(4), , 106 Stat. 2151, 2155, 2164; Pub. L. 103–73, title II, §§ 202, 203(g), , 107 Stat. 732, 734; Pub. L. 105–244, title IX, § 914, , 112 Stat. 1830; Pub. L. 110–315, title IX, § 903, , 122 Stat. 3451.)