§ 1902. Continued operation of Center

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. 1984

   Helen Keller National Center Act

   Pub. L. 98–221 title II § 203 · 98 Stat. 17

   Enacted · 29 U.S.C. § 1902

   Pub. L. 98–221, title II, § 203, Feb. 22, 1984, 98 Stat. 33

   Source evidence

   Code source credit
   Pub. L. 98–221, title II, § 203, Feb. 22, 1984, 98 Stat. 33

   Enacted provision · exact public law section
   Sec. 203. authorization for the continued operation of the helen keller national center for deaf-blind youths and adults; repeal of prior authorization (a) Section 313 of the Rehabilitation Act of 1973 (29 Repeal. 29 USC 1902. U.S.C. 777c) is repealed. (b) The Secretary of Education shall continue to administer and support the Helen Keller National Center for Deaf-Blind Youths and Adults in the same manner as such Center was administered pursuant to section 313 of the Rehabilitation Act of 1973, to the Supra. extent such manner of administration is not inconsistent with any purpose described in subsection (c) or any other requirement of this title. (c) The purposes of the Center are to— (1) provide specialized intensive services, or any other services, at the Center or anywhere else in the United States, which are necessary to encourage the maximum personal development of any deaf-blind individual; (2) train professionals and allied personnel at the Center or anywhere else in the United States to provide services to deaf-blind individuals; and (3) conduct applied research, development programs, and demonstrations with respect to communication techniques, teaching methods, aids and devices, and delivery of services.

2. 1992

   Rehabilitation Act Amendments of 1992

   Pub. L. 102–569 § 908(c)(2) · 106 Stat. 4344

   Amended · 29 U.S.C. § 1902

   Pub. L. 102–569, § 908(c)(2), amended section catchline

   Source evidence

   Code amendment note
   Pub. L. 102–569, § 908(c)(2), amended section catchline.

   Enacted provision · exact public law section
   (2) Section 203 of such Act (29 U.S.C. 1902) is amended in the section heading by striking “deaf-blind youths and adults” and inserting “youths and adults who are deaf-blind”.

3. 1992

   Rehabilitation Act Amendments of 1992

   Pub. L. 102–569 title IX · 106 Stat. 4344

   1. Redesignated · 29 U.S.C. § 1902(a)

      Pub. L. 102–569, §§ 902(1)–(3), 908(c)(1), redesignated subsec. (b) as (a)

   2. Substituted · 29 U.S.C. § 1902(a)

      Pub. L. 102–569, §§ 902(1)–(3), 908(c)(1), substituted “Youths and Adults who are Deaf-Blind” for “Deaf-Blind Youths and Adults”

   3. Substituted · 29 U.S.C. § 1902(a)

      Pub. L. 102–569, §§ 902(1)–(3), 908(c)(1), substituted “prior to February 22, 1984” for “pursuant to section 313 of the Rehabilitation Act of 1973”

   4. Substituted · 29 U.S.C. § 1902(a)

      Pub. L. 102–569, §§ 902(1)–(3), 908(c)(1), substituted “subsection (b)” for “subsection (c)”

   5. Repealed · 29 U.S.C. § 1902(a)

      Pub. L. 102–569, §§ 902(1)–(3), 908(c)(1), struck out former subsec. (a) which repealed section 777c of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–569, §§ 902(1)–(3), 908(c)(1), redesignated subsec. (b) as (a), substituted “Youths and Adults who are Deaf-Blind” for “Deaf-Blind Youths and Adults”, “prior to February 22, 1984” for “pursuant to section 313 of the Rehabilitation Act of 1973”, and “subsection (b)” for “subsection (c)”, and struck out former subsec. (a) which repealed section 777c of this title.

   Enacted provision · exact public law
   TITLE IX— AMENDMENTS TO OTHER ACTS Subtitle A— Helen Keller National Center SEC. 901. CONGRESSIONAL FINDINGS. Section 202 of the Helen Keller National Center Act (29 U.S.C. 1901) is amended— (1) in paragraph (2), by inserting the rapidly increasing number of older persons many of whom are experiencing significant losses of both vision and hearing,” after “1960’s”; and (2) in paragraph (5), by striking “invested approximately $10,000,000” and inserting “made a substantial investment”. SEC. 902. CONTINUED OPERATION OF CENTER. Section 203 of the Helen Keller National Center Act (29 U.S.C. 1902) is amended— (1) by striking subsection (a); (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; (3) in subsection (a) (as so redesignated by paragraph (2))— (A) by striking “pursuant to section 313 of the Rehabilitation Act of 1973” and inserting “prior to the date of enactment of this Act”; and (B) by striking “(c)” and inserting “(b)”; and (4) in subsection (b) (as so redesignated by paragraph (2))— (A) by redesignating paragraphs (2) and (3) as para-graphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following new paragraph: “(2) tram family members of individuals who are deaf- blind at the Center or anywhere else in the United States, in order to assist family members in providing and obtaining appropriate services for the individual who is deaf-blind;”. SEC. 903. AUDIT, MONITORING, AND EVALUATION. Section 204 of the Helen Keller National Center Act (29 U.S.C. 1903) is amended in subsection (a) by striking “at such time as the Secretary shall prescribe” and inserting “within 15 days following the completion of the audit and acceptance of the audit by the Center”. SEC. 904. AUTHORIZATION OF APPROPRIATIONS. Section 205 of the Helen Keller National Center Act (29 U.S.C. 1904) is amended in subsection (a) by striking “1987 through 1992” and inserting “1993 through 1997”. SEC. 905. DEFINITIONS. Section 206 of the Helen Keller National Center Act (29 U.S.C. 1905) is amended— (1) in paragraph (1), by striking “section 313 of the Rehabilitation Act of 1973 and continued under”; and (2) in paragraph (2), to read as follows: “(2) the term ‘individual who is deaf-blind’ means any individual— “(A) (i) who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions; “(ii) who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and “(iii) for whom the combination of impairments described in clauses (i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation; “(B) who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives; or “(C) meets such other requirements as the Secretary may prescribe by regulation; and”. SEC. 906. CONSTRUCTION OF ACT, EFFECT ON AGREEMENTS. Section 207 of the Helen Keller National Center Act (29 U.S.C. Nomenclature. 1906) is amended by striking “Industrial Home for the Blind, Incorporated” and inserting “Helen Keller Services for the Blind, Incorporated”. SEC. 907. ESTABLISHMENT OF A PROGRAM. The Helen Keller National Center Act (29 U.S.C. 1901 et seq.) is amended by adding at the end the following new section: “SEC. 208. HELEN KELLER NATIONAL CENTER FEDERAL ENDOWMENT PROGRAM “(a) Establishment.— The Secretary and the Board of Directors of the Helen Keller National Center are authorized to establish the Helen Keller National Center Federal Endowment Fund (hereafter in this section referred to as the ‘Endowment Fund’) in accordance with the provisions of this section, to promote the financial independence of the Helen Keller National Center. The Secretary and the Board may enter into such agreements as may be necessary to carry out the purposes of this section. “(b) Federal Payments.— “(1) In general.— The Secretary shall make payments to the Endowment Fund from amounts appropriated pursuant to subsection (h), consistent with the provisions of this section. “(2) Amount of payment.— Subject to the availability of appropriations, the Secretary shall make payments to the Endowment Fund in amounts equal to sums contributed to the Endowment Fund from non-Federal sources (excluding transfers from other endowment funds of the Center). “(c) Investments.— “(1) In general.— The Center, in investing the Endowment Fund corpus and income, shall exercise the judgment and care, under the prevailing circumstances, which a person of prudence, discretion, and intelligence would exercise in the management of that person’s own business affairs. “(2) Limitations.— “(A) Federally insured investments and other investments.— The Endowment Fund corpus and income shall be invested in federally insured bank savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United States, or other low-risk instruments and securities in which a regulated insurance company may invest under the laws of the State of New York. “(B) Real estate.— The Endowment Fund corpus and income may not be invested in real estate. “(C) Conflict of interest.— The Endowment Fund corpus or income may not be invested in instruments or securities issued by an organization in which an executive officer is a controlling shareholder, director, or owner within the meaning of Federal securities laws and other applicable laws. “(D) Encumbrances.— The Center may not assign, hypothecate, encumber, or create a lien on the Endowment Fund corpus without specific written authorization of the Secretary. “(d) Withdrawals and Expenditures.— “(1) In general.— For a 20-year period following the receipt of a payment under this section, the Center shall not withdraw or expend the Federal payment or matching contribution made to the Endowment Fund corpus. On the expiration of such period, the Center may use the Endowment Fund corpus plus any of the Endowment Fund income for any purpose that benefits individuals who are deaf-blind. “(2) Operational and commercial expenses.— “(A) In general.— The Helen Keller National Center may withdraw or expend the Endowment Fund income for any expenses necessary for the operation of the Center, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and client services programs, technical assistance, and research. “(B) Limitation.— The Center may not withdraw or expend the Endowment Fund income for any commercial purpose. “(3) Limitations and waiver of limitations.— “(A) In general.— Except as provided in subparagraph (B), the Center shall not withdraw or expend more than 50 percent of the total aggregate Endowment Fund income earned prior to the time of withdrawal or expenditure. “(B) Exception.— The Secretary may permit the Center to withdraw or expend more than 50 percent of its total aggregate endowment income where the Center demonstrates to the Secretary’s satisfaction that such withdrawal or expenditure is necessary because of— “(i) a financial emergency, such as a pending insolvency or temporary liquidity problem; “(ii) a life-threatening situation occasioned by a natural disaster or arson; or “(iii) another unusual occurrence or exigent circumstance. “(e) Reporting Requirements.— “(1) Financial records.— The Helen Keller National Center shall keep accurate financial records relating to the operation of the Endowment Fund. “(2) Audit and report.— “(A) Audit.— The Center shall arrange for the conduct of an annual financial and compliance audit of the Endowment Fund in the manner prescribed by the Secretary pursuant to section 204(a) (29 U.S.C. 1903(a)). “(B) Report.— The Center shall submit a copy of the report on the audit required under subparagraph (A) to the Secretary within 15 days after completion of the audit and acceptance of the audit by the Center. “(3) Annual report.— Not later than 60 days after the end of each fiscal year, the Center shall provide to the Secretary an annual report on the uses of funds provided by the Federal endowment program authorized under this section. Such report shall contain such information, and be in such form as the Secretary may require. “(f) Recovery of Payments.— After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal payments made under this section if the Helen Keller National Center— “(1) makes a withdrawal or expenditure from the Endowment Fund corpus or income which is not consistent with the provisions of this section; “(2) fails to comply with the investment standards and limitations under this section; or “(3) fails to account properly to the Secretary concerning the investment of or expenditures from the Endowment Fund corpus or income. “(g) Definitions.— For the purposes of this section: “(1) Endowment fund.— The term ‘endowment fund’ means a fund, or a tax-exempt foundation, established and maintained by the Helen Keller National Center for the purpose of generating income for the support of the Center. “(2) Endowment fund corpus.— The term ‘Endowment Fund corpus’ means an amount equal to the Federal payments made to the Endowment Fund and amounts contributed to the Endowment Fund from non-Federal sources. “(3) Endowment fund income.— The term ‘Endowment Fund income’ means an amount equal to the total market value of the Endowment Fund minus the Endowment Fund corpus. “(h) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 1993 through 1997. Such sums shall remain available until expended.”. SEC. 908. TECHNICAL AND CONFORMING AMENDMENTS. (a) Deaf-Blind Individuals.— Paragraphs (1) through (4) of section 202, and section 203(b)(3) (as so redesignated by paragraphs (2) and (4)(A) of section 902), of the Helen Keller National Center Act (29 U.S.C. 1901 and 1902(b)(3)) are amended by striking “deaf-blind individuals” each place the term appears and inserting “individuals who are deaf-blind”. (b) Deaf-Blind Individual.— Section 203(b)(1) of such Act (29 U.S.C. 1902(b)(1)) (as so redesignated by section 902(2)) is amended by striking “deaf-blind individual” and inserting “individual who is deaf-blind”. (c) Deaf-Blind Youths and Adults.— (1) Sections 202(4), 203(a) (as so redesignated by section 902(2)), and 206(1) of such Act (29 U.S.C. 1901(4), 1902(a), and 1905(1)) are amended by striking “Deaf-Blind Youths and Adults” each place the term appears and inserting “Youths and Adults who are Deaf-Blind”. (2) Section 203 of such Act (29 U.S.C. 1902) is amended in the section heading by striking “deaf-blind youths and adults” and inserting “youths and adults who are deaf-blind”. Subtitle B— Other Programs SEC. 911. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED. (a) Wagner-O’Day Act.— Section 1 of the Act entitled “An Act to Create a Committee on Purchases of Blind-made Products, and for other purposes”, approved June 25, 1938 (commonly known as the Wagner-O’Day Act; 41 U.S.C. 46) is amended by striking “from the Blind and Other Severely Handicapped” and inserting “From People Who Are Blind and Severely Disabled”. (b) Small Business Act.— Section 15(c)(1)(A) of the Small Business Act (15 U.S.C. 644(c)(1)(A)) is amended by striking “from the Blind and Other Severely Handicapped” and inserting “From People Who Are Blind or Severely Disabled”. SEC. 912. INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Training or Retraining.— Section 631(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1431(a)) is amended by adding at the end thereof the following new paragraph: “(8) In making grants under paragraph (1), the Secretary may provide for the training or retraining of regular education teachers who are involved in providing instruction to individuals who are deaf, but who are not certified as teachers of such individuals, to meet the communications needs of such individuals.”. (b) Notice.— (1) In General.— Within 90 days after the date of enactment of this Act, the Secretary of Education shall issue a Notice of Inquiry concerning the definition of the term “serious emotional disturbance” as used in the Individuals with Disabilities Education Act. (2) Public comment.— The Secretary of Education shall provide a public comment period of at least 90 days and shall request and consider— (A) comments from the public on the need to revise the definition of the term in the regulations implementing such Act; and (B) comments from the public on whether the term as used in such Act should be changed and on whether the substitution of the term “emotional and behavioral disorders” would be appropriate, or whether some other term should be used. (3) Definition.— The Notice of Inquiry shall contain the following proposed definition for use in the regulations implementing such Act: “(1) As used in section 602(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(l)): “(A) The term ‘serious emotional disturbance’ means a disability that is— “(i) characterized by behavioral or emotional response in school programs so different from appropriate age, cultural, or ethnic norms that the responses adversely affect educational performance, including academic, social, vocational or personal skills; “(ii) more than a temporary, expected response to stressful events in the environment; “(iii) consistently exhibited in two different settings, at least one of which is school-related; and “(iv) unresponsive to direct intervention applied in general education, or the condition of a child is such that general education interventions would be insufficient. “(B) The term includes such a disability that co-exists with other disabilities. “(C) The term includes a schizophrenic disorder, affective disorder, anxiety disorder, or other sustained disorder of conduct or adjustment, affecting a child, if the disorder affects educational performance as described in paragraph (1). “(2) The term ‘seriously emotionally disturbed’ means, with respect to a child, that the child has a serious emotional disturbance.”. (4) Report.— The Secretary shall, within 10 months after the date of enactment of this Act, prepare a report containing a summary of the public comments described in paragraph (2)(B) received as a result of the Notice of Inquiry, and recommendations concerning whether such Act should be amend-ed. The report shall be submitted to the appropriate committees of Congress, including the Subcommittee on Select Education of the Committee on Education and Labor of the House of Representatives, and the Subcommittee on Disability Policy of the Committee on Labor and Human Resources of the Senate. SEC. 913. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT OF 1988. The Technology-Related Assistance for Individuals With Disabilities Act of 1988 is amended— (1) in section 221(a)(1) (29 U.S.C. 2251(a)(1)), by striking “nonprofit or for-profit entities” and inserting “public or private agencies and organizations, including institutions of higher education,”; (2) in section 222(a) (29 U.S.C. 2252(a)), by striking “non-profit and for-profit entities” and inserting “public or private agencies and organizations, including institutions of higher education,”; and (3) in section 231(a) (29 U.S.C. 2252(a)), by striking “non-profit 29 USC 2261. and for-profit entities” and inserting “public or private agencies and organizations, including institutions of higher education,”. SEC. 914. PRESIDENTS COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES. The Joint Resolution entitled “Joint Resolution authorizing an appropriation for the work of the President’s Committee on National Employ the Physically Handicapped Week”, approved July 11, 1949 (36 U.S.C. 155a) is amended— (1) by striking “handicapped persons” and inserting “persons with disabilities”; (2) by striking “the handicapped” and inserting “such persons”; (3) by striking “for each of the fiscal years 1987, 1988, 1989, 1990, and 1991,” and inserting “for each of the fiscal years 1993, 1994, 1995, 1996, and 1997,”; and (4) by striking “The President’s Committee on Employment of the Handicapped shall be guided by the general policies of the National Council on the Handicapped”.

4. 1992

   Rehabilitation Act Amendments of 1992

   Pub. L. 102–569 title IX · 106 Stat. 4344

   1. Redesignated · 29 U.S.C. § 1902(b); 29 U.S.C. § 1902(c)

      Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), redesignated subsec. (c) as (b)

   2. Substituted · 29 U.S.C. § 1902(b); 29 U.S.C. § 1902(c)

      Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), substituted “individual who is deaf-blind” for “deaf-blind individual” in par. (1)

   3. Added · 29 U.S.C. § 1902(b); 29 U.S.C. § 1902(c)

      Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), added par. (2)

   4. Redesignated · 29 U.S.C. § 1902(b); 29 U.S.C. § 1902(c)

      Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), redesignated former par. (2) as (3)

   5. Substituted · 29 U.S.C. § 1902(b); 29 U.S.C. § 1902(c)

      Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), substituted “individuals who are deaf-blind” for “deaf-blind individuals”

   6. Redesignated · 29 U.S.C. § 1902(b); 29 U.S.C. § 1902(c)

      Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), redesignated former par. (3) as (4). Former subsec. (b) redesignated (a)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 102–569, §§ 902(2), (4), 908(a), (b), redesignated subsec. (c) as (b), substituted “individual who is deaf-blind” for “deaf-blind individual” in par. (1), added par. (2), redesignated former par. (2) as (3) and substituted “individuals who are deaf-blind” for “deaf-blind individuals”, and redesignated former par. (3) as (4). Former subsec. (b) redesignated (a).

   Enacted provision · exact public law
   TITLE IX— AMENDMENTS TO OTHER ACTS Subtitle A— Helen Keller National Center SEC. 901. CONGRESSIONAL FINDINGS. Section 202 of the Helen Keller National Center Act (29 U.S.C. 1901) is amended— (1) in paragraph (2), by inserting the rapidly increasing number of older persons many of whom are experiencing significant losses of both vision and hearing,” after “1960’s”; and (2) in paragraph (5), by striking “invested approximately $10,000,000” and inserting “made a substantial investment”. SEC. 902. CONTINUED OPERATION OF CENTER. Section 203 of the Helen Keller National Center Act (29 U.S.C. 1902) is amended— (1) by striking subsection (a); (2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively; (3) in subsection (a) (as so redesignated by paragraph (2))— (A) by striking “pursuant to section 313 of the Rehabilitation Act of 1973” and inserting “prior to the date of enactment of this Act”; and (B) by striking “(c)” and inserting “(b)”; and (4) in subsection (b) (as so redesignated by paragraph (2))— (A) by redesignating paragraphs (2) and (3) as para-graphs (3) and (4), respectively; (B) by inserting after paragraph (1) the following new paragraph: “(2) tram family members of individuals who are deaf- blind at the Center or anywhere else in the United States, in order to assist family members in providing and obtaining appropriate services for the individual who is deaf-blind;”. SEC. 903. AUDIT, MONITORING, AND EVALUATION. Section 204 of the Helen Keller National Center Act (29 U.S.C. 1903) is amended in subsection (a) by striking “at such time as the Secretary shall prescribe” and inserting “within 15 days following the completion of the audit and acceptance of the audit by the Center”. SEC. 904. AUTHORIZATION OF APPROPRIATIONS. Section 205 of the Helen Keller National Center Act (29 U.S.C. 1904) is amended in subsection (a) by striking “1987 through 1992” and inserting “1993 through 1997”. SEC. 905. DEFINITIONS. Section 206 of the Helen Keller National Center Act (29 U.S.C. 1905) is amended— (1) in paragraph (1), by striking “section 313 of the Rehabilitation Act of 1973 and continued under”; and (2) in paragraph (2), to read as follows: “(2) the term ‘individual who is deaf-blind’ means any individual— “(A) (i) who has a central visual acuity of 20/200 or less in the better eye with corrective lenses, or a field defect such that the peripheral diameter of visual field subtends an angular distance no greater than 20 degrees, or a progressive visual loss having a prognosis leading to one or both these conditions; “(ii) who has a chronic hearing impairment so severe that most speech cannot be understood with optimum amplification, or a progressive hearing loss having a prognosis leading to this condition; and “(iii) for whom the combination of impairments described in clauses (i) and (ii) cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining a vocation; “(B) who despite the inability to be measured accurately for hearing and vision loss due to cognitive or behavioral constraints, or both, can be determined through functional and performance assessment to have severe hearing and visual disabilities that cause extreme difficulty in attaining independence in daily life activities, achieving psychosocial adjustment, or obtaining vocational objectives; or “(C) meets such other requirements as the Secretary may prescribe by regulation; and”. SEC. 906. CONSTRUCTION OF ACT, EFFECT ON AGREEMENTS. Section 207 of the Helen Keller National Center Act (29 U.S.C. Nomenclature. 1906) is amended by striking “Industrial Home for the Blind, Incorporated” and inserting “Helen Keller Services for the Blind, Incorporated”. SEC. 907. ESTABLISHMENT OF A PROGRAM. The Helen Keller National Center Act (29 U.S.C. 1901 et seq.) is amended by adding at the end the following new section: “SEC. 208. HELEN KELLER NATIONAL CENTER FEDERAL ENDOWMENT PROGRAM “(a) Establishment.— The Secretary and the Board of Directors of the Helen Keller National Center are authorized to establish the Helen Keller National Center Federal Endowment Fund (hereafter in this section referred to as the ‘Endowment Fund’) in accordance with the provisions of this section, to promote the financial independence of the Helen Keller National Center. The Secretary and the Board may enter into such agreements as may be necessary to carry out the purposes of this section. “(b) Federal Payments.— “(1) In general.— The Secretary shall make payments to the Endowment Fund from amounts appropriated pursuant to subsection (h), consistent with the provisions of this section. “(2) Amount of payment.— Subject to the availability of appropriations, the Secretary shall make payments to the Endowment Fund in amounts equal to sums contributed to the Endowment Fund from non-Federal sources (excluding transfers from other endowment funds of the Center). “(c) Investments.— “(1) In general.— The Center, in investing the Endowment Fund corpus and income, shall exercise the judgment and care, under the prevailing circumstances, which a person of prudence, discretion, and intelligence would exercise in the management of that person’s own business affairs. “(2) Limitations.— “(A) Federally insured investments and other investments.— The Endowment Fund corpus and income shall be invested in federally insured bank savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United States, or other low-risk instruments and securities in which a regulated insurance company may invest under the laws of the State of New York. “(B) Real estate.— The Endowment Fund corpus and income may not be invested in real estate. “(C) Conflict of interest.— The Endowment Fund corpus or income may not be invested in instruments or securities issued by an organization in which an executive officer is a controlling shareholder, director, or owner within the meaning of Federal securities laws and other applicable laws. “(D) Encumbrances.— The Center may not assign, hypothecate, encumber, or create a lien on the Endowment Fund corpus without specific written authorization of the Secretary. “(d) Withdrawals and Expenditures.— “(1) In general.— For a 20-year period following the receipt of a payment under this section, the Center shall not withdraw or expend the Federal payment or matching contribution made to the Endowment Fund corpus. On the expiration of such period, the Center may use the Endowment Fund corpus plus any of the Endowment Fund income for any purpose that benefits individuals who are deaf-blind. “(2) Operational and commercial expenses.— “(A) In general.— The Helen Keller National Center may withdraw or expend the Endowment Fund income for any expenses necessary for the operation of the Center, including expenses of operations and maintenance, administration, academic and support personnel, construction and renovation, community and client services programs, technical assistance, and research. “(B) Limitation.— The Center may not withdraw or expend the Endowment Fund income for any commercial purpose. “(3) Limitations and waiver of limitations.— “(A) In general.— Except as provided in subparagraph (B), the Center shall not withdraw or expend more than 50 percent of the total aggregate Endowment Fund income earned prior to the time of withdrawal or expenditure. “(B) Exception.— The Secretary may permit the Center to withdraw or expend more than 50 percent of its total aggregate endowment income where the Center demonstrates to the Secretary’s satisfaction that such withdrawal or expenditure is necessary because of— “(i) a financial emergency, such as a pending insolvency or temporary liquidity problem; “(ii) a life-threatening situation occasioned by a natural disaster or arson; or “(iii) another unusual occurrence or exigent circumstance. “(e) Reporting Requirements.— “(1) Financial records.— The Helen Keller National Center shall keep accurate financial records relating to the operation of the Endowment Fund. “(2) Audit and report.— “(A) Audit.— The Center shall arrange for the conduct of an annual financial and compliance audit of the Endowment Fund in the manner prescribed by the Secretary pursuant to section 204(a) (29 U.S.C. 1903(a)). “(B) Report.— The Center shall submit a copy of the report on the audit required under subparagraph (A) to the Secretary within 15 days after completion of the audit and acceptance of the audit by the Center. “(3) Annual report.— Not later than 60 days after the end of each fiscal year, the Center shall provide to the Secretary an annual report on the uses of funds provided by the Federal endowment program authorized under this section. Such report shall contain such information, and be in such form as the Secretary may require. “(f) Recovery of Payments.— After notice and an opportunity for a hearing, the Secretary is authorized to recover any Federal payments made under this section if the Helen Keller National Center— “(1) makes a withdrawal or expenditure from the Endowment Fund corpus or income which is not consistent with the provisions of this section; “(2) fails to comply with the investment standards and limitations under this section; or “(3) fails to account properly to the Secretary concerning the investment of or expenditures from the Endowment Fund corpus or income. “(g) Definitions.— For the purposes of this section: “(1) Endowment fund.— The term ‘endowment fund’ means a fund, or a tax-exempt foundation, established and maintained by the Helen Keller National Center for the purpose of generating income for the support of the Center. “(2) Endowment fund corpus.— The term ‘Endowment Fund corpus’ means an amount equal to the Federal payments made to the Endowment Fund and amounts contributed to the Endowment Fund from non-Federal sources. “(3) Endowment fund income.— The term ‘Endowment Fund income’ means an amount equal to the total market value of the Endowment Fund minus the Endowment Fund corpus. “(h) Authorization of Appropriations.— There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of the fiscal years 1993 through 1997. Such sums shall remain available until expended.”. SEC. 908. TECHNICAL AND CONFORMING AMENDMENTS. (a) Deaf-Blind Individuals.— Paragraphs (1) through (4) of section 202, and section 203(b)(3) (as so redesignated by paragraphs (2) and (4)(A) of section 902), of the Helen Keller National Center Act (29 U.S.C. 1901 and 1902(b)(3)) are amended by striking “deaf-blind individuals” each place the term appears and inserting “individuals who are deaf-blind”. (b) Deaf-Blind Individual.— Section 203(b)(1) of such Act (29 U.S.C. 1902(b)(1)) (as so redesignated by section 902(2)) is amended by striking “deaf-blind individual” and inserting “individual who is deaf-blind”. (c) Deaf-Blind Youths and Adults.— (1) Sections 202(4), 203(a) (as so redesignated by section 902(2)), and 206(1) of such Act (29 U.S.C. 1901(4), 1902(a), and 1905(1)) are amended by striking “Deaf-Blind Youths and Adults” each place the term appears and inserting “Youths and Adults who are Deaf-Blind”. (2) Section 203 of such Act (29 U.S.C. 1902) is amended in the section heading by striking “deaf-blind youths and adults” and inserting “youths and adults who are deaf-blind”. Subtitle B— Other Programs SEC. 911. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED. (a) Wagner-O’Day Act.— Section 1 of the Act entitled “An Act to Create a Committee on Purchases of Blind-made Products, and for other purposes”, approved June 25, 1938 (commonly known as the Wagner-O’Day Act; 41 U.S.C. 46) is amended by striking “from the Blind and Other Severely Handicapped” and inserting “From People Who Are Blind and Severely Disabled”. (b) Small Business Act.— Section 15(c)(1)(A) of the Small Business Act (15 U.S.C. 644(c)(1)(A)) is amended by striking “from the Blind and Other Severely Handicapped” and inserting “From People Who Are Blind or Severely Disabled”. SEC. 912. INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Training or Retraining.— Section 631(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1431(a)) is amended by adding at the end thereof the following new paragraph: “(8) In making grants under paragraph (1), the Secretary may provide for the training or retraining of regular education teachers who are involved in providing instruction to individuals who are deaf, but who are not certified as teachers of such individuals, to meet the communications needs of such individuals.”. (b) Notice.— (1) In General.— Within 90 days after the date of enactment of this Act, the Secretary of Education shall issue a Notice of Inquiry concerning the definition of the term “serious emotional disturbance” as used in the Individuals with Disabilities Education Act. (2) Public comment.— The Secretary of Education shall provide a public comment period of at least 90 days and shall request and consider— (A) comments from the public on the need to revise the definition of the term in the regulations implementing such Act; and (B) comments from the public on whether the term as used in such Act should be changed and on whether the substitution of the term “emotional and behavioral disorders” would be appropriate, or whether some other term should be used. (3) Definition.— The Notice of Inquiry shall contain the following proposed definition for use in the regulations implementing such Act: “(1) As used in section 602(a)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(l)): “(A) The term ‘serious emotional disturbance’ means a disability that is— “(i) characterized by behavioral or emotional response in school programs so different from appropriate age, cultural, or ethnic norms that the responses adversely affect educational performance, including academic, social, vocational or personal skills; “(ii) more than a temporary, expected response to stressful events in the environment; “(iii) consistently exhibited in two different settings, at least one of which is school-related; and “(iv) unresponsive to direct intervention applied in general education, or the condition of a child is such that general education interventions would be insufficient. “(B) The term includes such a disability that co-exists with other disabilities. “(C) The term includes a schizophrenic disorder, affective disorder, anxiety disorder, or other sustained disorder of conduct or adjustment, affecting a child, if the disorder affects educational performance as described in paragraph (1). “(2) The term ‘seriously emotionally disturbed’ means, with respect to a child, that the child has a serious emotional disturbance.”. (4) Report.— The Secretary shall, within 10 months after the date of enactment of this Act, prepare a report containing a summary of the public comments described in paragraph (2)(B) received as a result of the Notice of Inquiry, and recommendations concerning whether such Act should be amend-ed. The report shall be submitted to the appropriate committees of Congress, including the Subcommittee on Select Education of the Committee on Education and Labor of the House of Representatives, and the Subcommittee on Disability Policy of the Committee on Labor and Human Resources of the Senate. SEC. 913. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT OF 1988. The Technology-Related Assistance for Individuals With Disabilities Act of 1988 is amended— (1) in section 221(a)(1) (29 U.S.C. 2251(a)(1)), by striking “nonprofit or for-profit entities” and inserting “public or private agencies and organizations, including institutions of higher education,”; (2) in section 222(a) (29 U.S.C. 2252(a)), by striking “non-profit and for-profit entities” and inserting “public or private agencies and organizations, including institutions of higher education,”; and (3) in section 231(a) (29 U.S.C. 2252(a)), by striking “non-profit 29 USC 2261. and for-profit entities” and inserting “public or private agencies and organizations, including institutions of higher education,”. SEC. 914. PRESIDENTS COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES. The Joint Resolution entitled “Joint Resolution authorizing an appropriation for the work of the President’s Committee on National Employ the Physically Handicapped Week”, approved July 11, 1949 (36 U.S.C. 155a) is amended— (1) by striking “handicapped persons” and inserting “persons with disabilities”; (2) by striking “the handicapped” and inserting “such persons”; (3) by striking “for each of the fiscal years 1987, 1988, 1989, 1990, and 1991,” and inserting “for each of the fiscal years 1993, 1994, 1995, 1996, and 1997,”; and (4) by striking “The President’s Committee on Employment of the Handicapped shall be guided by the general policies of the National Council on the Handicapped”.

2 of 13 references resolved to an enrolled provision · 11 partial