-CITE-

29 USC CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR

YOUTHS AND ADULTS WHO ARE DEAF-BLIND 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-MISC1-

Sec.

1901. Congressional findings.

1902. Continued operation of Center.

(a) Administration by Secretary of Education.

(b) Purposes of Center.

1903. Audit; monitoring and evaluation.

1904. Authorization of appropriations.

1905. Definitions.

1906. Construction; effect on agreements.

1907. Helen Keller National Center Federal Endowment Fund.

(a) Establishment.

(b) Federal payments.

(c) Investments.

(d) Withdrawals and expenditures.

(e) Reporting requirements.

(f) Recovery of payments.

(g) Definitions.

(h) Authorization of appropriations.

1908. Registry.

(a) In general.

(b) Voluntary provision of information.

(c) Nondisclosure.

(d) Privacy rights.

(e) Removal of information.

-End-

-CITE-

29 USC Sec. 1901 01/06/03

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TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

Sec. 1901. Congressional findings

-STATUTE-

The Congress finds that -

(1) deaf-blindness is among the most severe of all forms of

disabilities, and there is a great and continuing need for

services and training to help individuals who are deaf-blind

attain the highest possible level of development;

(2) due to the rubella epidemic of the 1960's, the rapidly

increasing number of older persons many of whom are experiencing

significant losses of both vision and hearing, and recent

advances in medical technology that have sustained the lives of

many severely disabled individuals, including individuals who are

deaf-blind, who might not otherwise have survived, the need for

services for individuals who are deaf-blind is even more pressing

now than in the past;

(3) helping individuals who are deaf-blind to become

self-sufficient, independent, and employable by providing the

services and training necessary to accomplish that end will

benefit the Nation, both economically and socially;

(4) the Helen Keller National Center for Youths and Adults who

are Deaf-Blind is a vital national resource for meeting the needs

of individuals who are deaf-blind and no State currently has the

facilities or personnel to meet such needs;

(5) the Federal Government has made a substantial investment in

capital, equipment, and operating funds for such Center since it

was established; and

(6) it is in the national interest to continue to provide

support for the Center, and it is a proper function of the

Federal Government to be the primary source of such support.

-SOURCE-

(Pub. L. 98-221, title II, Sec. 202, Feb. 22, 1984, 98 Stat. 32;

Pub. L. 102-569, title IX, Secs. 901, 908(a), (c)(1), Oct. 29,

1992, 106 Stat. 4482, 4485, 4486.)

-MISC1-

PRIOR PROVISIONS

Provisions for the establishment, operation, and funding of the

Helen Keller National Center for Deaf-Blind Youths and Adults,

similar to those comprising this chapter, were contained in section

777c of this title prior to the repeal of that section and the

enactment of this chapter by Pub. L. 98-221. Prior thereto

provisions similar to those comprising this chapter and authorizing

appropriations for fiscal years ending June 30, 1974, June 30,

1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for the

establishment of the Helen Keller National Center for Deaf-Blind

Youths and Adults were contained in former section 305 of Pub. L.

93-112, title III, Sept. 26, 1973, 87 Stat. 383, as amended by Pub.

L. 93-516, title I, Sec. 107, Dec. 7, 1974, 88 Stat. 1619; Pub. L.

93-651, title I, Sec. 107, Nov. 21, 1974, 89 Stat. 2-4; Pub. L.

94-230, Secs. 7, 11(b)(10), Mar. 15, 1976, 90 Stat. 212, 213; Pub.

L. 94-288, Secs. 1, 2, May 21, 1976, 90 Stat. 520, which was

classified to section 775 of this title. Section 109(1) of Pub. L.

95-602 redesignated former section 305 as section 313 of Pub. L.

93-112. Section 313 of Pub. L. 93-112, as amended generally by

section 116(2) of Pub. L. 95-602, was classified to section 777c of

this title.

Prior similar provisions were also contained in former section

42a of this title.

AMENDMENTS

1992 - Par. (1). Pub. L. 102-569, Sec. 908(a), substituted

"individuals who are deaf-blind" for "deaf-blind individuals".

Par. (2). Pub. L. 102-569, Secs. 901(1), 908(a), inserted ", the

rapidly increasing number of older persons many of whom are

experiencing significant losses of both vision and hearing," after

"1960's" and substituted "individuals who are deaf-blind" for

"deaf-blind individuals" in two places.

Par. (3). Pub. L. 102-569, Sec. 908(a), substituted "individuals

who are deaf-blind" for "deaf-blind individuals".

Par. (4). Pub. L. 102-569, Sec. 908(a), (c)(1), substituted

"Youths and Adults who are Deaf-Blind" for "Deaf-Blind Youths and

Adults" and "individuals who are deaf-blind" for "deaf-blind

individuals".

Par. (5). Pub. L. 102-569, Sec. 901(2), substituted "made a

substantial investment" for "invested approximately $10,000,000".

SHORT TITLE

Section 201 of Pub. L. 98-221 provided that: "This title

[enacting this chapter, amending section 777 of this title, and

repealing section 777c of this title] may be cited as the 'Helen

Keller National Center Act'."

-End-

-CITE-

29 USC Sec. 1902 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

Sec. 1902. Continued operation of Center

-STATUTE-

(a) Administration by Secretary of Education

The Secretary of Education shall continue to administer and

support the Helen Keller National Center for Youths and Adults who

are Deaf-Blind in the same manner as such Center was administered

prior to February 22, 1984, to the extent such manner of

administration is not inconsistent with any purpose described in

subsection (b) of this section or any other requirement of this

chapter.

(b) Purposes of Center

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 individual who is deaf-blind;

(2) train 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;

(3) train professionals and allied personnel at the Center or

anywhere else in the United States to provide services to

individuals who are deaf-blind; and

(4) conduct applied research, development programs, and

demonstrations with respect to communication techniques, teaching

methods, aids and devices, and delivery of services.

-SOURCE-

(Pub. L. 98-221, title II, Sec. 203, Feb. 22, 1984, 98 Stat. 33;

Pub. L. 102-569, title IX, Secs. 902, 908, Oct. 29, 1992, 106 Stat.

4482, 4485.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this title", meaning title II of Pub. L. 98-221, Feb. 22, 1984, 98

Stat. 32, which is classified generally to this chapter (Sec. 1901

et seq.). For complete classification of this title to the Code,

see Short Title note set out under section 1901 of this title and

Tables. For complete classification of this Act to the Code, see

Short Title of 1984 Amendment note set out under section 701 of

this title and Tables.

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-569, Sec. 908(c)(2), amended section

catchline.

Subsec. (a). Pub. L. 102-569, Secs. 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.

Subsecs. (b), (c). Pub. L. 102-569, Secs. 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).

-End-

-CITE-

29 USC Sec. 1903 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

Sec. 1903. Audit; monitoring and evaluation

-STATUTE-

(a) The books and accounts of the Center shall be audited

annually by an independent auditor in the manner prescribed by the

Secretary and a report on each such audit shall be submitted by the

auditor to the Secretary within 15 days following the completion of

the audit and acceptance of the audit by the Center.

(b)(1) The Secretary shall establish procedures for monitoring,

on a regular basis, the services performed and the training

conducted by the Center.

(2) The Secretary shall, in addition to the regular monitoring

required under paragraph (1), conduct an evaluation of the

operation of the Center at the end of each fiscal year. A written

report of such evaluation shall be submitted to the President, the

Clerk of the House of Representatives, and the Secretary of the

Senate within one hundred and eighty days after the end of the

fiscal year for which such evaluation was conducted. The first such

report shall be submitted for fiscal year 1983.

-SOURCE-

(Pub. L. 98-221, title II, Sec. 204, Feb. 22, 1984, 98 Stat. 33;

Pub. L. 102-569, title IX, Sec. 903, Oct. 29, 1992, 106 Stat.

4482.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-569 substituted "within 15 days

following the completion of the audit and acceptance of the audit

by the Center" for "at such time as the Secretary shall prescribe".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b)(2) of this section relating to submitting a written report to

the Clerk of the House of Representatives and the Secretary of the

Senate, see section 3003 of Pub. L. 104-66, as amended, set out as

a note under section 1113 of Title 31, Money and Finance, and page

81 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1907 of this title.

-End-

-CITE-

29 USC Sec. 1904 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

Sec. 1904. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated to carry out the

provisions of this chapter such sums as may be necessary for each

of the fiscal years 1999 through 2003. Such sums shall remain

available until expended.

(b) Any appropriation Act containing any appropriation authorized

by subsection (a) of this section shall contain a statement of the

specific amount being made available to the Center.

-SOURCE-

(Pub. L. 98-221, title II, Sec. 205, Feb. 22, 1984, 98 Stat. 33;

Pub. L. 99-506, title IX, Sec. 901, Oct. 21, 1986, 100 Stat. 1840;

Pub. L. 100-630, title V, Sec. 501, Nov. 7, 1988, 102 Stat. 3317;

Pub. L. 102-52, Sec. 9(a), June 6, 1991, 105 Stat. 263; Pub. L.

102-569, title IX, Sec. 904, Oct. 29, 1992, 106 Stat. 4482; Pub. L.

105-220, title IV, Sec. 412(a), Aug. 7, 1998, 112 Stat. 1241.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-220 substituted "1999 through

2003" for "1993 through 1997".

1992 - Subsec. (a). Pub. L. 102-569 substituted "1993 through

1997" for "1987 through 1992".

1991 - Subsec. (a). Pub. L. 102-52 substituted "1992" for "1991".

1988 - Subsec. (a). Pub. L. 100-630 substituted "1991" for

"1990".

1986 - Subsec. (a). Pub. L. 99-506 amended first sentence

generally. Prior to amendment, first sentence read as follows:

"There are authorized to be appropriated $4,000,000 for the fiscal

year 1984, $4,200,000 for the fiscal year 1985, and $4,300,000 for

the fiscal year 1986 to carry out the provisions of this chapter."

-End-

-CITE-

29 USC Sec. 1905 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

Sec. 1905. Definitions

-STATUTE-

For purposes of this chapter -

(1) the terms "Helen Keller National Center for Youths and

Adults who are Deaf-Blind" and "Center" mean the Helen Keller

National Center for Youths and Adults who are Deaf-Blind, and its

affiliated network, operated pursuant to this chapter;

(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

(3) the term "Secretary" means the Secretary of Education.

-SOURCE-

(Pub. L. 98-221, title II, Sec. 206, Feb. 22, 1984, 98 Stat. 34;

Pub. L. 102-569, title IX, Secs. 905, 908(c)(1), Oct. 29, 1992, 106

Stat. 4482, 4486.)

-MISC1-

AMENDMENTS

1992 - Par. (1). Pub. L. 102-569, Secs. 905(1), 908(c)(1),

substituted "Youths and Adults who are Deaf-Blind" for "Deaf-Blind

Youths and Adults" in two places and struck out "section 313 of the

Rehabilitation Act of 1973 and continued under" after "operated

pursuant to".

Par. (2). Pub. L. 102-569, Sec. 905(2), amended par. (2)

generally, substituting present provisions for provisions defining

"deaf-blind individual".

-End-

-CITE-

29 USC Sec. 1906 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

Sec. 1906. Construction; effect on agreements

-STATUTE-

This chapter shall not be construed as modifying or affecting any

agreement between the Department of Education or any other

department or agency of the United States and the Helen Keller

Services for the Blind, Incorporated, or any successor to or

assignee of such corporation, with respect to the Center.

-SOURCE-

(Pub. L. 98-221, title II, Sec. 207, Feb. 22, 1984, 98 Stat. 34;

Pub. L. 102-569, title IX, Sec. 906, Oct. 29, 1992, 106 Stat.

4483.)

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-569 substituted "Helen Keller Services for the

Blind, Incorporated" for "Industrial Home for the Blind,

Incorporated".

-End-

-CITE-

29 USC Sec. 1907 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

Sec. 1907. Helen Keller National Center Federal Endowment Fund

-STATUTE-

(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) of this section,

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 1903(a)

of this title.

(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

1999 through 2003. Such sums shall remain available until expended.

-SOURCE-

(Pub. L. 98-221, title II, Sec. 208, as added Pub. L. 102-569,

title IX, Sec. 907, Oct. 29, 1992, 106 Stat. 4483; amended Pub. L.

105-220, title IV, Sec. 412(b), Aug. 7, 1998, 112 Stat. 1241.)

-MISC1-

AMENDMENTS

1998 - Subsec. (h). Pub. L. 105-220 substituted "1999 through

2003" for "1993 through 1997".

-End-

-CITE-

29 USC Sec. 1908 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 21 - HELEN KELLER NATIONAL CENTER FOR YOUTHS AND ADULTS WHO

ARE DEAF-BLIND

-HEAD-

Sec. 1908. Registry

-STATUTE-

(a) In general

To assist the Center in providing services to individuals who are

deaf-blind, the Center may establish and maintain registries of

such individuals in each of the regional field offices of the

network of the Center.

(b) Voluntary provision of information

No individual who is deaf-blind may be required to provide

information to the Center for any purpose with respect to a

registry established under subsection (a) of this section.

(c) Nondisclosure

The Center (including the network of the Center) may not disclose

information contained in a registry established under subsection

(a) of this section to any individual or organization that is not

affiliated with the Center, unless the individual to whom the

information relates provides specific written authorization for the

Center to disclose the information.

(d) Privacy rights

The requirements of section 552a of title 5 (commonly known as

the "Privacy Act of 1974") shall apply to personally identifiable

information contained in the registries established by the Center

under subsection (a) of this section, in the same manner and to the

same extent as such requirements apply to a record of an agency.

(e) Removal of information

On the request of an individual, the Center shall remove all

information relating to the individual from any registry

established under subsection (a) of this section.

-SOURCE-

(Pub. L. 98-221, title II, Sec. 209, as added Pub. L. 105-220,

title IV, Sec. 412(c), Aug. 7, 1998, 112 Stat. 1241.)

-End-