§ 4353. Audit

Footnotes

1. 1 So in original. Probably should be followed by “and”.

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. 1986

   Pub. L. 99–371 title II § 203 · 100 Stat. 781

   Enacted · 20 U.S.C. § 4353

   Pub. L. 99–371, title II, § 203, formerly title IV, § 403, Aug. 4, 1986, 100 Stat. 790

   Source evidence

   Code source credit
   Pub. L. 99–371, title II, § 203, formerly title IV, § 403, Aug. 4, 1986, 100 Stat. 790

2. 1992

   Education of the Deaf Act Amendments of 1992

   Pub. L. 102–421 § 133 · 106 Stat. 2151

   Added · 20 U.S.C. § 4353(c)

   Pub. L. 102–421, § 133, added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–421, § 133, added subsec. (c).

   Enacted provision · exact public law section
   SEC. 133. AUDIT. Section 203 of the Education of the Deaf Act of 1986, as redesignated 20 USC 4353. by section 101(b)(6) of this Act, is amended by adding at the end the following subsection: “(c) Limitations Regarding Expenditure of Funds.— “(1) In general.— No funds appropriated under this Act 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 agreement). “(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 regarding programs, projects, and activities conducted at those institutions. “(E) Membership in country clubs and social or dining clubs and organizations. “(2) Policies.— “(A) Not later than 180 days after the date of the enactment of the Education of the Deaf Act Amendments of 1992, the University and NTID shall develop policies, to be applied uniformly, for the allowability of expenditures for each institution. These policies should reflect the unique nature of these institutions. The principles established 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 allowability and reasonableness of all costs associated with the operations of the institutions shall be addressed. These policies shall be submitted to the Secretary for review and comments, and to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate. “(B) Policies under subparagraph (A) shall include the following: “(i) Noninstitutional professional activities. “(ii) Fringe benefits. “(iii) Interest on loans. “(iv) Rental cost of buildings and equipment. “(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).”.

3. 1993

   Education of the Deaf Act Amendments of 1993

   Pub. L. 103–73 § 204(b) · 107 Stat. 718

   Amended · 20 U.S.C. § 4353(b)

   Pub. L. 103–73, § 204(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Gallaudet University and the institution of higher education operating the National Technical Institute for the Deaf shall have an annual independent audit made of the programs and activities of the University and of NTID, respectively.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 103–73, § 204(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Gallaudet University and the institution of higher education operating the National Technical Institute for the Deaf shall have an annual independent audit made of the programs and activities of the University and of NTID, respectively.”

   Enacted provision · exact public law section
   (b) Section 203.— Subsection (b) of section 203 (20 U.S.C. 4353(b)) is amended to read as follows: “(b) Independent Audit.— Gallaudet University shall have an annual independent financial audit made of the programs and activities of the University. The institution of higher education with which the Secretary has an agreement under section 112 shall have an annual independent financial audit made of the programs and activities of such institution of higher education, including NTID, and containing specific schedules and analyses for all NTID funds, as determined by the Secretary.

4. 1993

   Education of the Deaf Act Amendments of 1993

   Pub. L. 103–73 § 202 · 107 Stat. 718

   Substituted · 20 U.S.C. § 4353(b)

   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”.

5. 1998

   Higher Education Amendments of 1998

   Pub. L. 105–244 title IX § 916 · 112 Stat. 1581

   Amended · 20 U.S.C. § 4353(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 programs 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 programs and activities of such institution of higher education, including NTID, and containing specific schedules and analyses for all NTID funds, as determined by the Secretary.”

   Source evidence

   Code amendment note
   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 programs 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 programs and activities of such institution of higher education, including NTID, and containing specific schedules and analyses for all NTID funds, as determined by the Secretary.”

   Enacted provision · exact public law section
   SEC. 916. GIFTS. subsection (b) of section 203 of the Education of the Deaf Act of 1986 (20 U.S.C. 4353) is amended to read as follows: “(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 secondary education programs at Gallaudet. The institution of higher education with which the Secretary has an agreement under section 112 shall have an annual independent financial and compliance audit made of the programs and activities of such institution of higher education, including NTID, and containing 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 102(b), 105(b)(4), 112(b)(5), and 203(c), paragraphs (2) and (3) of section 207(b), subsections (b)(2), (b)(3), and (c) through (f), of section 207, and subsections (b) and (c) of section 210. “(3) Submission of audits.— A copy of each audit described in paragraph (1) shall be provided to the Secretary within 15 days of acceptance of the audit by the University or the institution authorized to establish and operate the NTID under section 112(a), as the case may be, but not later than January 10 of each year.” .

6. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 20 U.S.C. § 4353(a)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in heading and text.

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

7. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 905(1)(A) · 122 Stat. 3078

   Substituted · 20 U.S.C. § 4353(b)(2)

   Pub. L. 110–315, § 905(1)(A), substituted “sections 4302(b), 4305(b)(4), 4332(b)(5), 4353(c), 4357(b)(2) of this title, subsections (c) through (f) of section 4357 of this title, and subsections (b) and (c) of section 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”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 110–315, § 905(1)(A), substituted “sections 4302(b), 4305(b)(4), 4332(b)(5), 4353(c), 4357(b)(2) of this title, subsections (c) through (f) of section 4357 of this title, and subsections (b) and (c) of section 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”.

   Enacted provision · exact public law section
   (A) in paragraph (2), by striking “sections” and all that follows through the period and inserting “sections 102(b), 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c) through (f) of section 207, and subsections (b) and (c) of section 209.”; and

   Effective date note
   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.

8. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 905(1)(B) · 122 Stat. 3078

   Inserted · 20 U.S.C. § 4353(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (B) in paragraph (3), by inserting “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”; and

   Effective date note
   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.

9. 2008

   Higher Education Opportunity Act

   Pub. L. 110–315 § 905(2) · 122 Stat. 3078

   Substituted · 20 U.S.C. § 4353(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (2) in subsection (c)(2)(A), by striking “Committee on Labor and Human Resources of the Senate” and inserting “Committee on Health, Education, Labor, and Pensions of the Senate”.

   Effective date note
   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.

10. 2009

    Pub. L. 111–39 title VIII § 802(b) · 123 Stat. 1934

    Substituted · 20 U.S.C. § 4353(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Education of the Deaf Act of 1986.— Section 203(b)(2) of the Education of the Deaf Act of 1986 (20 U.S.C. 4353(b)(2)) is amended by striking “and subsections (b) and (c) of section 209.” and inserting “and subsections (a), (b), and (c) of section 209.”.

    Effective date note
    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.

9 of 10 references resolved to an enrolled provision · 1 partial