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20 USC CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

.

-HEAD-

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

-MISC1-

Sec.

101. Annual appropriations.

102. Application of appropriations.

103. Publications for National Library for the Blind.

104. Annual reports by trustees.

105. Books for Library of Congress.

106. Purchases through the General Services Administration.

106a. Financial and program audit by Secretary.

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20 USC Sec. 101 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

-HEAD-

Sec. 101. Annual appropriations

-STATUTE-

For the purpose of enabling the American Printing House for the

Blind more adequately to provide books and apparatus for the

education of the blind, there is hereby authorized to be

appropriated annually to it, such sum as the Congress may

determine; which sum shall be expended in accordance with the

requirements of sections 101, 102, and 104 of this title, under

rules and regulations prescribed by the Secretary of Education, to

promote the education of the blind.

-SOURCE-

(Mar. 3, 1879, ch. 186, Sec. 1, 2, 20 Stat. 468; June 25, 1906, ch.

3536, 34 Stat. 460; Aug. 4, 1919, ch. 31, 41 Stat. 272; Feb. 8,

1927, ch. 76, 44 Stat. 1060; Aug. 23, 1937, ch. 736, 50 Stat. 744;

May 22, 1952, ch. 321, 66 Stat. 89; Aug. 2, 1956, ch. 882, Sec. 2,

70 Stat. 939; Pub. L. 87-294, Sec. 4, Sept. 22, 1961, 75 Stat. 627;

Pub. L. 96-88, title III, Sec. 301(a)(2)(M), title V, Sec. 507,

Oct. 17, 1979, 93 Stat. 678, 692; Pub. L. 100-630, title IV, Sec.

402(a), 403, Nov. 7, 1988, 102 Stat. 3316.)

-COD-

CODIFICATION

Prior to amendment by Pub. L. 100-630, section was comprised of

two sentences. The first sentence was based on provisions of acts

Mar. 3, 1879, and June 25, 1906, and established a perpetual trust

fund for purposes of aiding education of the blind in the United

States through the American Printing House for the Blind and a

permanent annual appropriation thereof, to be expended for purposes

authorized by sections 101, 102, and 104 of this title. The second

sentence was based on provisions of act Aug. 4, 1919, as amended.

See 1988 Amendment note below.

-MISC3-

AMENDMENTS

1988 - Pub. L. 100-630, Sec. 402(a), which provided that the

perpetual trust fund and permanent annual appropriations thereof

established by the Act of Mar. 3, 1879, as amended by the Act of

June 25, 1906, are terminated, was executed by striking the first

sentence of this section which read as follows: ''The sum of

$250,000, set apart as a perpetual trust fund for the purpose of

aiding the education of the blind in the United States, through the

American Printing House for the Blind, shall be credited on the

books of the Treasury Department as a perpetual trust fund for that

purpose, to be held by the Secretary of the Treasury; and the sum

of $10,000, being equivalent to 4 per centum on the principal of

said trust fund, is appropriated, out of any moneys in the Treasury

not otherwise appropriated, and such appropriation shall be deemed

a permanent annual appropriation and shall be expended in the

manner and for the purposes authorized by sections 101, 102, and

104 of this title.'' See Codification note above.

Pub. L. 100-630, Sec. 403, struck out ''In addition to the

permanent appropriation of $10,000, made in this section''.

1961 - Pub. L. 87-294 struck out provisions which authorized an

annual appropriation of not more than $400,000, inserted provisions

authorizing an annual appropriation of such sum as the Congress may

determine, and required expenditure of such sum under rules and

regulations prescribed by the Secretary of Health, Education, and

Welfare.

1956 - Act Aug. 2, 1956, increased appropriation authorization

from $250,000 to $400,000.

1952 - Act May 22, 1952, amended second sentence generally,

increasing appropriation authorization from $115,000 to $250,000.

1937 - Act Aug. 23, 1937, amended second sentence generally,

increasing appropriation authorization from $65,000 to $115,000.

1927 - Act Feb. 8, 1927, amended second sentence generally,

increasing appropriation authorization from $40,000 to $65,000.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 402(b) of Pub. L. 100-630 provided that: ''This section

(amending this section) shall take effect on October 1, 1989.''

EFFECTIVE DATE OF 1961 AMENDMENT

Section 5 of Pub. L. 87-294 provided that: ''The amendments made

by this Act (amending this section and section 102 of this title)

shall be effective immediately after the date of its enactment

(Sept. 22, 1961).''

SHORT TITLE OF 1988 AMENDMENT

Section 401 of title IV of Pub. L. 100-630 provided that: ''This

title (amending this section and enacting provisions set out as

notes under this section) may be cited as the 'American Printing

House for the Blind Amendments of 1988'.''

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted in text for ''Secretary of

Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M)

and 507 of Pub. L. 96-88, which are classified to sections

3441(a)(2)(M) and 3507 of this title and which transferred

functions of Secretary of Health, Education, and Welfare under this

chapter to Secretary of Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the

Appendix to Title 5, Government Organization and Employees. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953.

Functions of Secretary of the Treasury over administration of

appropriations for American Printing House for Blind (except

function relating to administration of perpetual trust fund)

transferred to Federal Security Agency, and annual report and

vouchers of trustees directed to be furnished to Federal Security

Administrator by Reorg. Plan No. II of 1939, Sec. 201(b), eff.

July 1, 1939, 4 F.R. 2732, 53 Stat. 1434, set out in the Appendix

to Title 5.

-MISC5-

COMPENSATION TO AMERICAN PRINTING HOUSE FOR THE BLIND FOR VESTED

RIGHTS

Section 404 of Pub. L. 100-630 provided that: ''Any and all

rights of the American Printing House for the Blind determined to

have vested in the perpetual trust fund established by the Act of

March 3, 1879 (see Codification note above), shall be deemed to be

compensated by the appropriation to the American Printing House for

the Blind for fiscal year 1990.''

INEFFECTIVENESS OF REFERENCES TO PERPETUAL TRUST FUND AND ANNUAL

APPROPRIATIONS

Section 405 of Pub. L. 100-630 provided that: ''Notwithstanding

any Federal law, reference to the perpetual trust fund and

permanent annual appropriations thereof established by the Act of

March 3, 1879 (see Codification note above), shall not be given any

effect.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 102, 105 of this title.

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20 USC Sec. 102 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

-HEAD-

Sec. 102. Application of appropriations

-STATUTE-

The Secretary of Education is authorized to pay over

semiannually, to the trustees of the American Printing House for

the Blind, located in Louisville, Kentucky, and chartered in 1858

by the Legislature of Kentucky, upon requisition of their

president, countersigned by their treasurer, one-half of such

annual appropriation upon the following conditions:

(1) Purposes and methods of expenditures

First. (A) Such appropriation shall be expended by the trustees

of the American Printing House for the Blind each year in

manufacturing and furnishing books and other materials specially

adapted for instruction of the blind; and the total amount of

such books and other materials so manufactured and furnished by

such appropriation shall each year be distributed among all the

public and private nonprofit institutions in the States,

Territories, and possessions of the United States, the

Commonwealth of Puerto Rico, and the District of Columbia, in

which blind pupils are educated. Each public and private

nonprofit institution for the education of the blind shall

receive, in books and other materials, upon requisition of its

superintendent, that portion of the appropriation as is shown by

the ratio between the number of blind pupils in that institution

and the total number of blind pupils in all of the public and

private nonprofit institutions in which blind pupils are

educated. Each chief State school officer shall receive, in

books and other materials, upon requisition, that portion of the

appropriation as is shown by the ratio between the number of

blind pupils in public and private nonprofit institutions (in the

State) in which blind pupils are educated, other than

institutions to which the preceding sentence is applicable, and

the total number of blind pupils in the public and private

nonprofit institutions in which blind pupils are educated in all

of the States, Territories, and possessions of the United States,

the Commonwealth of Puerto Rico, and the District of Columbia.

The ratio referred to in each of the two immediately preceding

sentences shall be computed upon the first Monday in January of

each year; and for purposes of such sentences the number of blind

pupils in public and private nonprofit institutions in which

blind pupils are educated shall be authenticated in such manner

and as often as the trustees of the American Printing House for

the Blind shall require. For purposes of sections 101, 102, and

104 of this title, an institution for the education of the blind

is any institution which provides education exclusively for the

blind, or exclusively for the blind and other handicapped

children (in which case special classes are provided for the

blind); the chief State school officer of a State is the

superintendent of public elementary and secondary schools in such

State or, if there is none, such other official as the Governor

certifies to have comparable responsibility in the State; and a

blind pupil is a blind individual pursuing a course of study in

an institution of less than college grade.

(B) The portion of the appropriation received by each chief

State school officer, in such books and other materials under

subparagraph (A) of this paragraph which represents the number of

blind pupils in private nonprofit institutions in such State in

which blind pupils are educated shall be distributed among such

institutions on the basis of the number of blind pupils in each

such institution as compared to the total number of such pupils

in all of the private nonprofit institutions in which blind

pupils are educated in such State.

(C) All books and other materials furnished pursuant to

sections 101, 102, and 104 of this title, and control and

administration of their use, shall vest only in a public agency.

Such books and materials made available pursuant to sections 101,

102 and 104 of this title for use of teachers and blind pupils in

any State, Territory, or possession of the United States, the

Commonwealth of Puerto Rico, and the District of Columbia in any

school shall be limited to those books and materials which have

been approved by an appropriate educational authority or agency

of such State, Territory, possession, Commonwealth, or District,

or any local educational authority thereof, for use, or are used,

in a public elementary or secondary school therein.

(2) Buildings

Second. No part of the appropriation shall be expended in the

erection or leasing of buildings; but the trustees of the

American Printing House for the Blind may use each year a

reasonable sum of the annual appropriation for salaries and other

expenses of experts and other staff to assist special committees

which may be appointed in performance of their functions, and for

expenses of such special committees.

(3) Sales of books and apparatus at cost

Third. No profit shall be put on any books or tangible

apparatus for the instruction of the blind manufactured or

furnished by the trustees of said American Printing House for the

Blind, located in Louisville, Kentucky; and the price put upon

each article so manufactured or furnished shall only be its

actual cost.

(4) Income withheld when not properly used

Fourth. The Secretary of the Treasury of the United States

shall have the authority to withhold the appropriation whenever

he shall receive satisfactory proof that the trustees of said

American Printing House for the Blind, located in Louisville,

Kentucky, are not using the appropriation for the benefit of the

blind in the public and private nonprofit institutions for the

education of the blind in the United States.

(5) Bond of treasurer

Fifth. Before any money be paid to the treasurer of the

American Printing House for the Blind by the Secretary of the

Treasury of the United States, the treasurer of the American

Printing House for the Blind shall execute a bond, with two

approved sureties, to the amount of $20,000, conditioned that the

money so received shall be expended according to this law and all

amendments thereto, which shall be held by the Secretary of the

Treasury of the United States, and shall be renewed every two

years.

(6) Ex officio trustees

Sixth. The superintendent of each public institution for the

education of the blind (or his designee) and the chief State

school officer (or his designee), of each State and possession of

the United States, the Commonwealth of Puerto Rico, and the

District of Columbia, shall each, ex officio, be a member of the

Board of Trustees of the American Printing House for the Blind

only for purposes of administering sections 101, 102 and 104 of

this title.

-SOURCE-

(Mar. 3, 1879, ch. 186, Sec. 3, 20 Stat. 468; June 25, 1906, ch.

3536, 34 Stat. 460; Aug. 2, 1956, ch. 882, Sec. 1, 70 Stat. 938;

Pub. L. 87-294, Sec. 1-3, Sept. 22, 1961, 75 Stat. 627; Pub. L.

91-230, title VIII, Sec. 811(a), (b), Apr. 13, 1970, 84 Stat. 194,

195; Pub. L. 96-88, title III, Sec. 301(a)(2)(M), title V, Sec.

507, Oct. 17, 1979, 93 Stat. 678, 692.)

-COD-

CODIFICATION

For purposes of codification, the provisions of section 3 of act

Mar. 3, 1879, were changed as follows: provision providing for

payment of the semi-annual interest upon the bonds was substituted

for one providing for payment of one-half the annual appropriation,

the word ''income'' was substituted for ''appropriation'', and the

word ''interest'' was substituted for ''money'' in par. (5), to

conform to the modification of act Mar. 3, 1879, by act June 25,

1906, as shown in the note set out under section 101 of this title.

-MISC3-

AMENDMENTS

1970 - Par. First. Pub. L. 91-230, Sec. 811(a), designated

existing provisions as subpar. (A), made provisions applicable to

private nonprofit institutions, and added subpars. (B) and (C).

Par. Fourth. Pub. L. 91-230, Sec. 811(b), made provisions

applicable to private nonprofit institutions.

1961 - Pub. L. 87-294, Sec. 1, substituted ''Secretary of Health,

Education, and Welfare'' for ''Secretary of the Treasury of the

United States'' and struck out ''permanent'' before ''annual

appropriation'' in opening clause.

Par. Second. Pub. L. 87-294, Sec. 2, authorized the trustees to

use each year a reasonable sum of the annual appropriation for

salaries and other expenses of experts and other staff to assist

special committees which may be appointed in performance of their

functions, and for expenses of such special committees.

Par. Sixth. Pub. L. 87-294, Sec. 3, substituted ''superintendent

of each public institution for the education of the blind (or his

designee) and the chief State school officer (or his designee), of

each State and possession of the United States, the Commonwealth of

Puerto Rico, and the District of Columbia, shall'' for

''superintendents of the various public institutions for the

education of the blind in the United States shall'', and limited

the duties of the Board to the administration of sections 101, 102,

and 104 of this title.

1956 - Par. First. Act Aug. 2, 1956, authorized wider

distribution of books and other special instructional material for

the blind.

EFFECTIVE DATE OF 1961 AMENDMENT

Amendment by Pub. L. 87-294 effective immediately after Sept. 22,

1961, see section 5 of Pub. L. 87-294, set out as a note under

section 101 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted for ''Secretary of Health,

Education, and Welfare'' in provision preceding par. (1) pursuant

to sections 301(a)(2)(M) and 507 of Pub. L. 96-88, which are

classified to sections 3441(a)(2)(M) and 3507 of this title and

which transferred functions of Secretary of Health, Education, and

Welfare under this chapter to Secretary of Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the

Appendix to Title 5, Government Organization and Employees. Federal

Security Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953.

Transfer of functions with respect to American Printing House for

the Blind to Federal Security Agency, see note set out under

section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 105 of this title.

-CITE-

20 USC Sec. 103 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

-HEAD-

Sec. 103. Publications for National Library for the Blind

-STATUTE-

Two copies of each of the publication printed by the American

Printing House for the Blind shall be furnished free of charge to

the National Library for the Blind located at 1729 H Street

Northwest, Washington, District of Columbia.

-SOURCE-

(Nov. 4, 1919, ch. 93, Sec. 1, 41 Stat. 332.)

-CITE-

20 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

-HEAD-

Sec. 104. Annual reports by trustees

-STATUTE-

The trustees of said American Printing House for the Blind shall

annually make to the Secretary of Education a report of the items

of their expenditure of the appropriation aforesaid during the year

preceding their report, and shall annually furnish him with a

voucher from each public or private nonprofit institution for the

education of the blind, showing that the amount of books and

tangible apparatus due has been received.

-SOURCE-

(Mar. 3, 1879, ch. 186, Sec. 4, 20 Stat. 469; June 25, 1906, ch.

3536, 34 Stat. 460; 1939 Reorg. Plan No. II, Sec. 201(b), eff.

July 1, 1939, 4 F.R. 2732, 53 Stat. 1434; 1953 Reorg. Plan No. 1,

Sec. 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L.

91-230, title VIII, Sec. 811(c), Apr. 13, 1970, 84 Stat. 195; Pub.

L. 96-88, title III, Sec. 301(a)(2)(M), title V, Sec. 507, Oct. 17,

1979, 93 Stat. 678, 692.)

-COD-

CODIFICATION

The word ''appropriation'' substituted in text for ''income'' to

conform to the modification of act Mar. 3, 1879, by act June 25,

1906, as shown in the note set out under section 101 of this title.

-MISC3-

AMENDMENTS

1970 - Pub. L. 91-230 made provision applicable to a private

nonprofit institution.

-TRANS-

TRANSFER OF FUNCTIONS

''Secretary of Education'' substituted in text for ''Secretary of

Health, Education, and Welfare'' pursuant to sections 301(a)(2)(M)

and 507 of Pub. L. 96-88, which are classified to sections

3441(a)(2)(M) and 3507 of this title and which transferred

functions of Secretary of Health, Education, and Welfare under this

chapter to Secretary of Education.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and all agencies of

Federal Security Agency transferred to Department of Health,

Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953,

set out in Appendix to Title 5, Government Organization and

Employees. Federal Security Agency and office of Administrator

abolished by section 8 of Reorg. Plan No. 1 of 1953.

Transfer of functions with respect to American Printing House for

the Blind to Federal Security Agency, see note set out under

section 101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 101, 102, 105 of this

title.

-CITE-

20 USC Sec. 105 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

-HEAD-

Sec. 105. Books for Library of Congress

-STATUTE-

The distribution of embossed books manufactured by the American

Printing House for the Blind at Louisville, Kentucky, out of the

income of the fund provided by sections 101, 102, and 104 of this

title, shall include one copy of every book so manufactured to be

deposited in the Library of Congress at Washington.

-SOURCE-

(Mar. 4, 1913, ch. 142, Sec. 1, 37 Stat. 748.)

-CITE-

20 USC Sec. 106 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

-HEAD-

Sec. 106. Purchases through the General Services Administration

-STATUTE-

On and after September 8, 1978, the American Printing House for

the Blind is authorized to make purchases through the General

Services Administration.

-SOURCE-

(Pub. L. 95-355, title I, Sec. 100, Sept. 8, 1978, 92 Stat. 531.)

-COD-

CODIFICATION

Section is from the Second Supplemental Appropriations Act, 1978,

and contained additional provisions relating to purchases by Howard

University, Gallaudet University, and the National Technical

Institute for the Deaf, which are set out in sections 130 and 4362

of this title.

-CITE-

20 USC Sec. 106a 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 6 - AMERICAN PRINTING HOUSE FOR THE BLIND

-HEAD-

Sec. 106a. Financial and program audit by Secretary

-STATUTE-

Funds appropriated in this Act or subsequent Departments of

Labor, Health and Human Services, and Education, and Related

Agencies Appropriations Acts to the American Printing House for the

Blind shall be subject to financial and program audit by the

Secretary of Education and the Secretary may withhold all or any

portion of these appropriations if he determines that an

institution has not cooperated fully in the conduct of such audits.

-SOURCE-

(Pub. L. 102-394, title III, Sec. 301, Oct. 6, 1992, 106 Stat.

1819.)

-COD-

CODIFICATION

Section is from the Departments of Labor, Health and Human

Services, and Education, and Related Agencies Appropriations Act,

1993, and contained additional provisions relating to Howard

University, Gallaudet University, and the National Technical

Institute for the Deaf, which are set out as sections 130a and 4363

of this title, respectively.

-CITE-