 
                    CHAPTER 55--EDUCATION OF THE DEAF
 
SUBCHAPTER I--GALLAUDET UNIVERSITY; NATIONAL TECHNICAL INSTITUTE FOR THE 
                                  DEAF
 
            Part B--National Technical Institute for the Deaf
 
Sec. 4332. Agreement for National Technical Institute for the 
        Deaf
        

(a) General authority

    (1) The Secretary is authorized to establish or continue an 
agreement with an institution of higher education for the establishment 
and operation, including construction and equipment, of a National 
Technical Institute for the Deaf. The Secretary, in considering 
proposals from institutions of higher education to enter into an 
agreement under this part, shall give preference to institutions which 
are located in metropolitan industrial areas.
    (2) The Secretary and the institution of higher education with which 
the Secretary has an agreement under this section--
        (A) shall periodically assess the need for modification of the 
    agreement; and
        (B) shall periodically update the agreement as determined 
    necessary by the Secretary or the institution.

(b) Provisions of agreement

    The agreement shall--
        (1) provide that Federal funds appropriated for the benefit of 
    NTID will be used only for the purposes for which appropriated and 
    in accordance with the applicable provisions of this chapter and the 
    agreement made pursuant thereto;
        (2) provide that the Board of Trustees or other governing body 
    of the institution, subject to the approval of the Secretary, will 
    appoint an advisory group to advise the Director of NTID in 
    formulating and carrying out the basic policies governing its 
    establishment and operation, which group shall include individuals 
    who are professionally concerned with education and technical 
    training at the postsecondary school level, persons who are 
    professionally concerned with activities relating to education and 
    training of individuals who are deaf, and members of the public 
    familiar with the need for services provided by NTID;
        (3) provide that the Board of Trustees or other governing body 
    of the institution will prepare and submit to the Secretary, not 
    later than June 1 following the fiscal year for which the report is 
    submitted, an annual report containing an accounting of all indirect 
    costs paid to the institution of higher education under the 
    agreement with the Secretary, which accounting the Secretary shall 
    transmit to the Committee on Education and Labor of the House of 
    Representatives and to the Committee on Labor and Human Resources of 
    the Senate, with such comments and recommendations as the Secretary 
    may deem appropriate;
        (4) include such other conditions as the Secretary deems 
    necessary to carry out the purposes of this part;
        (5) provide that any laborer or mechanic employed by any 
    contractor or subcontractor in the performance of work on any 
    construction aided by Federal funds appropriated for the benefit of 
    NTID will be paid wages at rates not less than those prevailing on 
    similar construction in the locality as determined by the Secretary 
    of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 
    276a--276a-5) commonly referred to as the Davis-Bacon Act; except 
    that the Secretary of Labor shall have, with respect to the labor 
    standards specified in this paragraph, the authority and functions 
    set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) 
    and section 276c of title 40; and
        (6) establish a policy of outreach and recruitment to employ and 
    advance in employment qualified individuals with disabilities, 
    particularly individuals who are deaf or hard of hearing.

(c) Limitation

    If, within twenty years after the completion of any construction 
(except minor remodeling or alteration) for which such funds have been 
paid--
        (1) the facility ceases to be used for the purposes for which it 
    was constructed or the agreement is terminated, unless the Secretary 
    determines that there is good cause for releasing the institution 
    from its obligation, or
        (2) the institution ceases to be the owner of the facility,

the United States shall be entitled to recover from the applicant or 
other owner of the facility an amount which has the same ratio with 
respect to the current market value of the facility as the amount of 
Federal funds expended for construction of such facility bears to the 
total cost of construction of the facility. The current market value of 
the facility shall be determined by agreement of the parties or by 
action brought in the United States district court for the district in 
which the facility is situated.

(Pub. L. 99-371, title I, Sec. 112, formerly title II, Sec. 202, Aug. 4, 
1986, 100 Stat. 785; renumbered title I, Sec. 112, and amended Pub. L. 
102-421, title I, Secs. 101(b)(3), (4), 121, 151(a)(4), Oct. 16, 1992, 
106 Stat. 2151, 2155, 2164; Pub. L. 103-73, title II, Secs. 202, 203(g), 
Aug. 11, 1993, 107 Stat. 732, 734; Pub. L. 105-244, title IX, Sec. 914, 
Oct. 7, 1998, 112 Stat. 1830.)

                       References in Text

    Act of March 3, 1931 (40 U.S.C. 276a--276a-5) commonly referred to 
as the Davis-Bacon Act, referred to in subsec. (b)(5), is act Mar. 3, 
1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally 
to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 276a of Title 40 and Tables.
    Reorganization Plan Numbered 14 of 1950, referred to in subsec. 
(b)(5), is set out in the Appendix to Title 5, Government Organization 
and Employees.


                            Prior Provisions

    Provisions similar to this section were contained in section 684 of 
this title prior to repeal by Pub. L. 99-371.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-244 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``The Secretary and the 
institution of higher education with which the Secretary has an 
agreement under this section shall, within 1 year after October 16, 
1992, assess the need for modification of the agreement. The Secretary 
and the institution of higher education with which the Secretary has an 
agreement under this section shall also periodically update the 
agreement as determined to be necessary by the Secretary or the 
institution.''
    1993--Pub. L. 103-73, Sec. 203(g)(1), substituted ``National 
Technical Institute for the Deaf'' for ``Institute'' in section 
catchline.
    Subsec. (a)(1). Pub. L. 103-73, Sec. 203(g)(2)(A), substituted 
``part'' for ``chapter''.
    Subsec. (a)(2). Pub. L. 103-73, Sec. 203(g)(2)(B), in first sentence 
struck out comma after ``The Secretary'' and after ``this section''.
    Subsec. (b)(1), (2). Pub. L. 103-73, Sec. 202, substituted ``NTID'' 
for ``the Institute'' wherever appearing.
    Subsec. (b)(3). Pub. L. 103-73, Sec. 203(g)(3)(A), substituted 
``Secretary, not later than June 1 following the fiscal year for which 
the report is submitted, an annual report containing'' for ``Secretary 
an annual report, including'', ``which accounting'' for ``which 
report'', and ``Representatives'' for ``Representatives,''.
    Subsec. (b)(4). Pub. L. 103-73, Sec. 203(g)(3)(B), struck out 
``and'' at end of par. (4).
    Subsec. (b)(5). Pub. L. 103-73, Sec. 203(g)(3)(C), substituted 
``except that the Secretary'' for ``and the Secretary'' and ``title 40; 
and'' for ``title 40.''
    Pub. L. 103-73, Sec. 202, substituted ``NTID'' for ``the 
Institute''.
    Subsec. (b)(6). Pub. L. 103-73, Sec. 203(g)(3)(D), substituted ``or 
hard of hearing'' for ``or individuals who are hard of hearing''.
    Subsec. (c). Pub. L. 103-73, Sec. 203(g)(4), inserted a comma after 
``If''.
    1992--Subsec. (a). Pub. L. 102-421, Sec. 121(1), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (b)(2). Pub. L. 102-421, Sec. 151(a)(4), substituted 
``individuals who are deaf'' for ``the deaf''.
    Subsec. (b)(3). Pub. L. 102-421, Sec. 121(2), substituted ``will 
prepare and submit to the Secretary an annual report, including an 
accounting of all indirect costs paid to the institution of higher 
education under the agreement with the Secretary, which report the 
Secretary shall transmit to the Committee on Education and Labor of the 
House of Representatives, and to the Committee on Labor and Human 
Resources of the Senate,'' for ``will make an annual report together 
with an accounting of all indirect costs paid to the institution of 
higher education under the agreement to the Secretary, which the 
Secretary shall transmit to the Congress''.
    Subsec. (b)(6). Pub. L. 102-421, Sec. 121(3), added par. (6).

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as 
otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, 
set out as a note under section 1001 of this title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-421 effective Oct. 1, 1992, see section 161 
of Pub. L. 102-421, set out as a note under section 4301 of this title.


                       Establishment of Institute

    Pursuant to an agreement entered into between the Secretary and the 
Rochester Institute of Technology on Dec. 20, 1966, the National 
Technical Institute for the Deaf (N.T.I.D.) was established and located 
at Rochester, New York.

                  Section Referred to in Other Sections

    This section is referred to in sections 4353, 4354, 4357 of this 
title.
