Education of the Deaf Act Amendments of 1992
PL 102-421 (H.R.5483), enacted 10/16/1992

PUBLIC LAW 102-421—OCT. 16, 1992 
106 STAT. 2151 
Public Law 102-421 
102d Congress 
An Act 
To modify the provisions of the Education of the Deaf Act of 1986, and for other 
Oct. 16, 1992 
purposes. 
[H.R. 5483] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. 
Education of the 
Deaf Act 
SECTION 1. SHORT TITLE. 
Amendments of 
1992. 
This Act may be cited as the "Education of the Deaf Act 20 use 4301 
Amendments of 1992". 
note. 
TITLE I—AMENDMENTS TO EDUCATION 
OF THE DEAF ACT OF 1986 
Subtitle A—^Reorganization of Act 
SEC. 101. REORGANIZATION. 
(a) REPEALS.—^The following provisions of the Education of the 
Deaf Act of 1986 (20 U.S.C. 4301 et seq.) are repealed: 
(1) Part B and part C of title L 
20 use 4311, 
(2) Title m. 
^fi'st?22-
(b) REDESIGNATIONS.—The Education of the Deaf Act of 1986, 4341-4344. 
as amended by subsection (a) of this section, is amended— 
(1) in the heading for title I, by amending the heading fLV^^^"^®^" 
to read as follows: 
^^"^• 
TITLE I—GALLAUDET UNIVERSITY; NATIONAL TECHNICAL 
INSTITUTE FOR THE DEAF*; 
(2) in the heading for part A of title I, by amending the ^0 use prec. 
heading to read as follows: 
^ 
"PART A—GALLAUDET UNIVERSITY"; 
(3) by striking the heading for title II and inserting the 20 use prec. 
following: 
4331. 
"PART B—NATIONAL TECHNICAL INSTITUTE FOR THE DEAF"; 
(4) by redesignating sections 201 and 202 as sections 111 20 use 4331, 
and 112, respectively; 
'*^^2. 
(5) by striking the heading for title IV and inserting the 20 use prec. 
following: 
4351. 
"TITLE II—GENERAL PROVISIONS"; and 
(6) by redesignating sections 401 through 411 as sections 20 use 
201 through 211, respectively. 
4351-4360. 
106 STAT. 2152 
PUBLIC LAW 102-421—OCT. 16, 1992 
20 u s e 4303. 
20 use 4304. 
Minorities. 
Rural and urban 
areas. 
Handicapped. 
(c) CROSS-REFERENCE.—The Education of the Deaf Act of 1986, 
as amended by subsection (b) of this section, is amended in section 
103(b)(8) by striking "section 403" and inserting "section 203". 
Subtitle B—Gallaudet University 
SEC. 111. BOARD OF TRUSTEES. 
Section 103 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4303) is amended— 
(1) in subsection (aXl)(B), by striking ", who on the efiFective 
date" and all that follows through "such date,"; and 
(2) in subsection (b)— 
(A) in para^aph (1), by inserting after "corporation" 
the following: "(mcluding the construction of buildings and 
other facilities)"; 
(B) in paragraph (4) by amending the paragraph to 
read as follows: 
"(4) appoint a president and establish policies, guidelines, 
and procedures related to the appointments, the salaries, and 
the dismissals of professors, instructors, and other employees 
of Gallaudet University, including the adoption of a policy 
of outreach and recruitment to employ and advance in employ-
ment qualified individuals witn disabilities, particularly 
individuals who are deaf or individuals who are hard of hear-
ing."; and 
(C) in paragraph (6), by amending the paragraph to 
read as follows: 
"(6) establish such schools, departments, and other units 
as the Board of Trustees deems necessary to carry out the 
purpose of Gallaudet University;". 
SEC. 112. ESTABUSHMENT OF AUTHORITY FOR CERTAIN PROGRAMS. 
Part A of title I of the Education of the Deaf Act of 1986 
(20 U.S.C. 4301 et seq.) is amended by adding at the end the 
following section: 
"SEC. 104. ELEMENTARY AND SECONDARY EDUCATIONAL PROGRAMS. 
"(a) GENERAL AUTHORITY.—(1)(A) The Board of Trustees of 
Gallaudet University is authorized, in accordance with the agree-
ment under section 105, to maintain and operate exemplary 
elementary and secondary education programs, projects, and activi-
ties for the primary purpose of developing, evaluating, and dissemi-
nating innovative curricula, instructional techniques and strategies, 
and materials that can be used in various educational environments 
serving individuals who are deaf and individuals who are hard 
of hearing throughout the Nation. 
"(B) The elementary and secondary programs described in 
subparagraph (A) shall serve students witn a broad spectrum of 
needs, including students who are lower achieving academically, 
who come from non-English speaking homes, who have secondary 
disabilities, who are members of minority groups, or who are from 
rural areas. 
"(C) The elementary and secondary programs described in 
subparagraph (A) shall include— 
"(i) the Kendall Demonstration Elementary School, to pro-
vide day facilities for elementary education for individuals who 
are deaf, to provide such individuals with the vocational, transi-
PUBLIC LAW 102-421—OCT. 16, 1992 
106 STAT. 2153 
tional, independent living, and related services they need to 
function independently, and to prepare such individuals for 
high school and other secondary study; and 
"(ii) the Model Secondary School for the Deaf, to provide 
day and residential facilities for secondary education for individ-
uals who are deaf, to provide such individuals with the voca-
tional, transitional, independent living, and related services 
they need to function independently, and to prepare such 
individuals for college, other postsecondary opportunities, or 
the workplace. 
"(2) The Model Secondary School for the Deaf may provide 
residential facilities for students enrolled in the school— 
"(A) who live beyond a reasonable commuting distance 
from the school; or 
"(B) for whom such residency is necessary for them to 
receive a free appropriate public education within the meaning 
of part B of the Individuals with Disabilities Education Act. 
"(b) ADMINISTRATIVE REQUIREMENTS.—(1) The elementary and 
secondary education programs shall— 
"(A) provide technical assistance and outreach throughout 
the Nation to meet the training and information needs of par-
ents of infants and children who are deaf or hard of hearing; 
"(B) provide technical assistance and training to personnel 
for use in teaching (i) students who are deaf or hard of hearing, 
in various educational environments, and (ii) students who 
are deaf or hard of hearing with a broad spectrum of needs 
as described in subsection (a); and 
"(C) establish and publish priorities for research, develop-
ment, and demonstration through a process that allows for 
public input; 
"(2) To the extent possible, the elementary and secondary edu-
cation programs shall provide the services required under para-
graph (1) in an equitable manner, based on the national distribution 
of students who are deaf or hard of hearing in educational environ-
ments as determined by the Secretary for purposes of section 618(b) 
of the Individuals with Disabilities Education Act. Such educational 
environments shall include— 
"(A) regular classes; 
"(B) resource rooms; 
"(C) separate classes; 
"(D) separate, public or private, nonresidential schools; and 
"(E) separate, public or private, residential schools and 
homebound or hospital environments. 
"(3) If a local educational agency, intermediate educational 
unit, or State educational agency refers a child to, or places a 
child in, one of the elementary or secondary education programs 
to meet its obligation to make available a free appropriate public 
education under part B of the Individuals with Disabilities Edu-
cation Act, the agency or unit shall be responsible for ensuring 
that the special education and related services provided to the 
child by the education program are in accordance with part B 
of that Act and that the child is provided the rights and procedural 
safeguards under section 615 of that Act. 
"(4) If the parents or guardian places a child in one of the 
elementary or secondary education programs, the University shall— 
106 STAT. 2154 
PUBLIC LAW 102-421—OCT. 16,1992 
"(A) notify the appropriate local educational agency, inter-
mediate educational unit, or State educational agency of that 
child's attendance in the programs; 
"(B) work with local educational agencies, intermediate 
educational units, and State educational agencies, where appro-
priate, to ensure a smooth transfer of students to and from 
those programs; and 
''(C) provide the child a free appropriate public education 
in accordance with part B of the Individuals with Disabilities 
Education Act and procedural safeguards in accordance with 
the following provisions of section 615 of such Act: 
"(i) Subparagraphs (A), (C), (D), and (E) of paragraph 
(1) of subsection (b), and paragraph (2) of such subsection. 
*'(ii) Subsection (d), except tne portion of paragraph 
(4) requiring that findings and decisions be transmitted 
to a State advisory panel. 
"(iii) Paragrapns (1) through (3) of subsection (e). Para-
graph (3) of such subsection is not applicable to decisions 
by the University to refuse to admit or to dismiss a child, 
except that, before dismissing any child, the University 
shall give at least 60 days notice to the child's parents 
and to the local educational agency in which the child 
"(iv) Subsection (f).". 
20 use 4305. 
SEC. 113. ESTABUSHMENT OF CERTAIN REQUIREMENTS. 
Part A of title I of the Education of the Deaf Act of 1986, 
as amended Inr section 112 of this Act, is amended by adding 
at the end the allowing section: 
"SEC. 105. AGREEMENT WITH GALLAUDET UNIVERSITY. 
"(a) 
GENERAL 
AUTHORITY.—The Secretary 
and 
Gallaudet 
University shall establish, within 1 year after enactment of the 
Education of the Deaf Act Amendments of 1992, a new a|;reement 
governing the operation and national mission activities, including 
construction ana provision of equipment, of the elementary and 
secondanr education programs at the University. The Secretary 
and the University shall periodically update the agreement as deter-
mined to be necessary by the Secretary or the University. 
"(b) PROVISIONS OF AGREEMENT.—^The agreement shall— 
"(1) provide that Federal funds appropriated for the benefit 
of the Kendall Demonstration Elementary School and the Model 
Secondary School for the Deaf will be used only for the purposes 
for which appropriated and in accordance with the applicable 
provisions of this Act and such agreement; 
Repoj^- 
"(2) provide that the University shall make an annual 
report, to be part of the report required under section 204, 
to the Secretary on the operations and national mission activi-
ties of the elementary and secondary education programs, 
including such other information as the Secretary may consider 
necessary; 
"(3) provide that in the design and construction of any 
facilities, maximum attention will be ^ven to innovative 
auditory and visual devices and installations appropriate for 
the educational functions of such facilities; 
(4) 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 
PUBLIC LAW 102-421—OCT. 16, 1992 
106 STAT. 2155 
the benefit of the Kendall Demonstration Elementary School 
and the Model Secondary School for the Deaf 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) commonlv referred to as the Davis-Bacon 
Act; and 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 Niunbered 14 
of 1950 (5 U.S.C. App.) and section 2 of the Act of June 
13,1934 (40 U.S.C. 276c); and 
"(5) include such other conditions as the Secretary or the 
University considers necessary to carry out the purposes of 
this part.". 
Subtitle C—^National Technical Institute 
for the Deaf 
SEC. 121. AGREEMENT FOR NTID. 
Section 112 of the Education of the Deaf Act of 1986, as redesig-
nated by section 101(bX4) of this Act, is amended— 
20 use 4332. 
(1) in subsection (a)— 
(A) by striking ".—^The Secretary" and inserting ".— 
(1) The Secretary"; and 
(B) by adding at the end the following paragraph: 
"(2) The Secretary, and the institution of higher education 
with which the Secretary has an agreement under this section, 
shall, within 1 year after the enactment of the Education of the 
Deaf Act Amendments of 1992, assess the need for modification 
of the agreement. The Secretary and the institution of higher edu-
cation with which the Secretary has an agreement under this sec-
tion shall also periodically update the agreement as determined 
to be necessary by the Secretary or the institution."; 
(2) in subsection (bX3), by striking "will make" and all 
that follows through '^he Congress" and mserting the following: 
"vdll prepare and submit to the Secretary an annual report, 
inclumng an accounting of all indirect costs paid to the institu-
tion of higher education under the agreement wiUi the Sec-
retary, which report the Secretary shall transmit to the 
Committee on Education and Labor of the House of Representa-
tives, and to the Committee on Labor and Human Resources 
of the Senate,"; and 
(3) in subsection (b) by adding, at the end the following 
new paragraph: 
"(6) establish a policy of outreach and recruitment to 
employ and advance in emplojrment qualified individuals with 
disabilities, particularly individuals who are deaf or individuals 
who are hard of hearing.". 
Subtitle D—General Provisions 
SEC. 131. DEFINITIONS. 
Section 201 of the Education of the Deaf Act of 1986, as redesig-
nated by section 101(bX6) of this Act, is amended— 
20 use 4351. 
106 STAT. 2156 
PUBLIC LAW 102-421—OCT. 16, 1992 
(1) by striking paragraph (1) and inserting the following 
paragraph: 
"(1) The term 'international student' means an individual 
who— 
"(A) is not a citizen or national of, or lawfully admitted 
for permanent residence in, the United States; 
"(B) does not provide evidence from the Immigration 
and Naturalization Service that he or she is in the United 
States for other than temporary purposes with the intention 
of becoming a citizen of, or lawfully admitted for permanent 
residence in, the United States; or 
"(C) is not lawfully admitted for permanent residence 
in American Samoa, Guam, Palau (but only until the Com-
pact of Free Association with Palau takes effect), the 
Commonwealth of the Northern Mariana Islands, the 
Commonwealth of Puerto Rico, or the Virgin Islands."; 
(2)(A) by striking paragraph (4); and 
(B) by redesignating paragraphs (5) through (8) as para-
graphs (4) through (7), respectively; 
(3) in paragraph (7) (as redesignated by paragraph (2) 
of this section), by striking "the Northern" and all that follows 
and inserting the following: "the Commonwealth of the North-
em Mariana Islands, and Palau (but only until the Compact 
of Free Association with Palau takes effect)."; and 
(4) by adding at the end the following paragraphs: 
"(8) The term 'NTID' means the National Technical 
Institute for the Deaf. 
"(9) The term TJuiversity* means Gallaudet University.". 
SEC. 132. GIFTS. 
Section 202 of the Education of the Deaf Act of 1986, as redesig-
20 use 4352. 
nated by section 101(b)(6) of this Act, is amended to read as follows: 
"SEC. 202. GIFTS. 
"The University and NTID are authorized to receive by gift, 
devise, bequest, purchase, or otherwise, property, both real and 
personal, for the use of the University or NTID, or for the use, 
as appropriate, for any programs, departments, or other imits as 
may be designated in the conveyance or will, and to hold, invest, 
use, or dispose of such property for the purpose stated in the 
conveyance or will.". 
SEC. 133. AUDIT. 
Section 203 of the Education of the Deaf Act of 1986, as redesig-
20 use 4353. 
nated by section 101(b)(6) of this Act, is amended by adding at 
the end the following subsection: 
"(c) LIMITATIONS REGARDING EXPENDITURE OF FUNDS.— 
"(1) IN GENERAL.—^No funds appropriated under this Act 
for Gallaudet University, including the Kendall Demonstration 
Elementary School and the Model Secondary School for the 
Deaf, or for the National Technical Institute tor the Deaf may 
be expended on the following: 
"(A) Alcoholic beverages. 
"(B) Goods or services for personal use. 
"(C) Housing and personal living expenses (but only 
to the extent such expenses are not required by written 
employment agreement). 
j.. 
PUBLIC LAW 102-421—OCT. 16, 1992 
106 STAT. 2157 
"(D) Lobbying, except that nothing in this subpara-
graph shall be construed to prohibit the University and 
NTID from educating the Congress, the Secretary, and 
others regarding programs, projects, and activities con-
ducted at those institutions. 
"(E) Membership in country clubs and social or dining 
clubs and organizations. 
"(2) POUCIES.— 
"(A) Not later than 180 days after the date of the 
enactment of the Education of the Deaf Act Amendments 
of 1992, the University and NTID shall develop policies, 
to be applied imiformly, for the allowability of expenditures 
for each institution. These policies should reflect the unique 
nature of these institutions. The principles established by 
the OfiEice of Management and Budget for costs of edu-
cational institutions may be used as guidance in developing 
these policies. General principles relating to allowability 
and reasonableness of all costs associated with the oper-
ations of the institutions shall be addressed. These policies 
shall be submitted to the Secretary for review and com-
ments, and to the Committee on Education and Labor 
of the House of Representatives and the Committee on 
Labor and Human Resources of the Senate. 
"(B) Policies under subparagraph (A) shall include the 
following: 
"(i) Noninstitutional professional activities. 
"(ii) Fringe benefits. 
"(iii) Interest on loans. 
"(iv) Rental cost of buildings and equipment. 
"(v) Sabbatical leave. 
"(vi) Severance pay. 
"(vii) Travel. 
"(viii) Royalties and other costs for uses of patents. 
"(C) The Secretary is not authorized to add items to 
those specified in subparagraph (B).". 
SEC. 134. REPORTS. 
Section 204 of the Education of the Deaf Act of 1986, as redesig-
nated by section 101(bX6) of this Act, is amended to read as follows: 20 use 4354. 
'^EC. 204. REPORTS. 
The Board of Trustees of Gallaudet University and the Board 
of Trustees or other governing body of the institution of higher 
education with which the Secretary has an agreement under section 
112 shall prepare and submit an annual report to the Secretary, 
and to the Committee on Education and Labor of the House of 
Representatives and the Committee on Labor and Human Resources 
of the Senate, not later than 100 days after the end of each fiscal 
year, which shall include the following: 
"(1) The number of students during the preceding academic 
year who enrolled and whether these were first time enroll-
ments, who graduated, who found employment, or who left 
without completing a program of study, reported imder each 
of the programs of the University (elementary, secondary, pre-
paratory, undergraduate, and graduate) and of NTID. 
^(2) For the preceding academic year, and to the extent 
possible, the following data on individuals who are deaf and 
106 STAT. 2158 
PUBLIC LAW 102-421—OCT. 16, 1992 
from minority backgroimds and who are students (at all edu-
cational levels) or employees: 
"(A) The niunber of students enrolled full- and part-
time. 
"(B) The number of these students who completed or 
graduated from each of the educational programs. 
"(C) The disposition of these students upon graduation/ 
completion of programs at NTID and at the University 
and its elementary and secondary schools in comparison 
to students from non-minority backgrounds. 
"(D) The number of students needing and receiving 
support services (such as tutoring and counseling) at all 
educational levels. 
"(E) The number of recruitment activities by type and 
location for all educational levels. 
"(F) Employment openings/vacancies and grade level/ 
type of job and number of these individuals that applied 
and that were hired. 
"(G) Strategies (such as parent groups and training 
classes in the development of Individualized Education Pro-
grams) used by the elementary and secondary programs 
and the extension centers to reach and actively involve 
minority parents in the educational programs of their chil-
dren wno are deaf and the number of parents who have 
been served as a result of these activities. 
"(3) The annual audited financial statements of the Univer-
sity and NTID, respectively, together with the auditor's report. 
"(4) For the preceding fiscal year, a statement showing 
the receipts of the University and NTID and from what Federal 
sources, and a statement showing the expenditures of each 
institution by function, activity, and administrative and aca-
demic unit. 
"(5) A statement showing the use of funds (both corpus 
and income) provided by the Federal Endowment Program 
under section 207. 
"(6) A statement showing how such Endowment Program 
is invested, what the gains or losses (both realized and unreal-
ized) on such investments were for the most recent fiscal year, 
and what changes were made in investments during that year. 
"(7) Such additional information as the Secretary may con-
sider necessary.". 
SEC. 138. MONITORING AND EVALUATION. 
(a) EDUCATION OF THE DEAF ACT.—Section 205 of the Education 
of the Deaf Act of 1986, as redesignated by section 101(b)(6) of 
20 use 4355. 
this Act, is amended to read as follows: 
-SEC 205. MONITORING, EVALUATION, AND REPORTING. 
"(a) ACTIVITIES.—^The Secretary shall conduct monitoring and 
evaluation activities of the education programs and activities and 
the administrative operations of the University (including the 
elementary, secondanr, preparatory, undergraduate, and graduate 
programs) and of NTID. The Secretary may also conduct studies 
related to the provision of preschool, elementary, secondary, and 
postsecondary education ana other related services to individuals 
who are deaf. In carrying out the responsibilities described in 
this section, the Secretary is authorized to employ such consultants 
PUBLIC LAW 102-421—OCT. 16, 1992 
106 STAT. 2159 
as may be necessary pursuant to the provisions of section 3109 
of title 5, United States Code. 
"(b) REPORT.—^The Secretary, as part of the annual report 
required under section 426 oi the Department of Education 
Organization Act, shall include a description of the monitoring 
and evaluation activities pursuant to subsection (a), together with 
such recommendations, including recommendations for legislation, 
as the Secretary may consider necessary. 
"(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such simis as may be necessary for each of 
the fiscal years 1993, 1994, 1995, 1996, and 1997 to carry out 
the monitoring and evaluation activities authorized under this sec-
tion.". 
(b) REPORT.—Not later than 180 days after the date of enact-
ment of the Education of the Deaf Act Amendments of 1992, the 
Secretary of Education shall submit a report to Congress regarding 
progress made by the Department of Education in implementing 
the recommendations of the Commission on Education of the Deaf 
pertaining to the provision of a free and appropriate public edu-
cation to children who are deaf, and children who are hard of 
hearing, and with respect to the establishment of standards for 
programs and personnel to meet the educational, communicative, 
and psychological needs of children who are deaf, and children 
who are hard of hearing. In preparing this report, the Secretary 
of Education shall solicit input from the community of individuals 
who are deaf, and individuals who are hard of hearing. 
SEC. 136. LIAISON FOR EDUCATIONAL PROGRAMS. 
Section 206 of the Education of the Deaf Act of 1986, as redesig-
nated by section 101(bX6) of this Act, is amended— 
20 use 4356. 
(1) in subsection (a), by striking "and the Rehabilitation 
Act of 1973." and inserting the following: ", the Rehabilitation 
Act of 1973, and other Federal or non-Federal agencies, institu-
tions, or organizations involved with the education or rehabilita-
tion of individuals who are deaf or hard of hearing."; and 
(2) in subsection (b)— 
(A) by striking "and" at the end of paragraph (1); 
(B) by redesignating paragraph (2) as paragraph (3); 
and 
(C) by inserting after paragraph (1) the following para-
graph: 
"(2) review research and other activities carried out by 
the University, NTID, and other Federal or non-Federal agen-
cies, institutions, or organizations involved with the education 
or rehabilitation of individuals who are deaf or hard of hearing 
for the purpose of determining overlap and opportimities for 
coordination among such entities; and". 
SEC. 137. FEDERAL ENDOWMENT PROGRAMS. 
The Education of the Deaf Act of 1986, as amended by section 
101(bX6) of this Act, is amended— 
(1) by striking sections 207 and 208; and 
20 use 4357, 
(2) by inserting after section 206 the following section: ^^^^ 
•«EC. 207. FEDERAL 
ENDOWMENT 
PROGRAMS 
FOR 
GALLAUDET 
20 USC 4357. 
UNIVERSITY AND THE NATIONAL TECHNICAL INSTITUTE 
FOR THE DEAF. 
"(a) ESTABLISHMENT OF PROGRAMS.— 
106 STAT. 2160 
PUBLIC LAW 102-421—OCT. 16, 1992 
**(1) The Secretary and the Board of Trustees of Gallaudet 
University are authorized to establish the Gallaudet University 
Federal Endowment Fund as a permanent endowment fimd, 
in accordance with this section, lor the purpose of promoting 
the financial independence of the University. The Secretary 
and the Board of Trustees may enter into such agreements 
as may be necessary to carry out the purposes of this section 
with respect to the University. 
"(2) The Secretary and the Board of Trustees or other 
governing body of the institution of higher education with which 
the Secretary has an agreement under section 112 are author-
ized to establish the National Technical Institute for the Deaf 
Federal Endowment Fimd as a permanent endowment fund, 
in accordance with this section, for the purpose of promoting 
the financial independence of NTID. The Secretary and the 
Board or other governing body may enter into such agreements 
as may be necessary to carry out the purposes of this section 
with respect to NTID. 
"(b) FEDERAL PAYMENTS.— 
"(1) The Secretary shall, consistent with this section, make 
payments to the Federal endowment funds established under 
suDsection (a) from amounts appropriated under subsection 
(h) for the fund involved. 
"(2) Subject to the availability of appropriations and the 
non-Federal matching requirements of paragraph (3), the Sec-
retary shall make payments to each Federal endowment fund 
in amounts equal to sums contributed to the fund from non-
Federal sources (excluding tremsfers from other endowment 
funds of the institution involved). 
"(S) Effective for fiscal year 1993 and each succeeding fiscal 
year, for any fiscal year in which the sums contributed to 
the Federal endowment fund of the institution involved from 
non-Federal sources exceed $1,000,000, the non-Federal con-
tribution to the Federal endowment fund shall be $2 for each 
Federal dollar provided in excess of $1,000,000 (excluding trans-
fers from other endowment funds of the institution involved), 
"(c) INVESTMENTS.— 
"(1) Except as provided in subsection (e), the University 
and NTID, respectively, shall invest its Federal endowment 
fund corpus and income in instruments and seciuities offered 
through one or more cooperative service organizations of operat-
ing educational orgamzations under section 501(f) of the 
Internal Revenue Code of 1986, or in low-risk instnmients 
and seciuities in which a regulated insurance company may 
invest under the laws of the State in which the institution 
involved is located. 
"(2) In managing the investment of its Federal endowment 
fund, the University or NTID shall exercise the judgment and 
care, under the prevailing circimistances, that a person of pru-
dence, discretion, and intelligence would exercise in the 
management of that person's own business affairs. 
"(3) Neither the University nor NTID may invest its Fed-
eral endowment fund corpus or income in real estate, or in 
instruments or securities issued by an organization in which 
an executive officer, a member of the Board of Trustees of 
the University or of the host institution, or a member of the 
Advisory Board of NTID is a controlling shareholder, director, 
PUBLIC LAW 102-421—OCT. 16, 1992 
106 STAT. 2161 
or owner within the meaning of Federal securities laws and 
other applicable laws. Neither the University nor NTID may 
assign, hypothocate, encumber, or create a lien on the Federal 
endowment fimd corpus without specific written authorization 
of the Secretary. 
"(d) WITHDRAWALS AND EXPENDITURES.— 
"(1) Except as provided in paragraph (3)(B), neither the 
University nor NTID may withdraw or expend any of the corpus 
of its Federal endowment fund. 
"(2)(A) The University and NTID, respectively, may with-
draw or expend the income of its Federal endowment fund 
only for expenses necessary to the operation of that institution, 
including expenses of operations and maintenance, administra-
tion, academic and support personnel, construction and renova-
tion, community and student services programs, technical 
assistance, and research. 
"(B) Neither the University nor NTID may withdraw or 
expend the income of its Federal endowment fund for any 
commercial purpose. 
"(C) Beginning on October 1, 1992, the University and Records. 
NTID shall maintain records of the income generated from 
its respective Federal endowment fund for the prior fiscal year. 
"(3)(A) Except as provided in subparagraph (B), the Univer-
sity and NTID, respectively, may, on an annual basis, withdraw 
or expend not more than 50 percent of the income generated 
from its Federal endowment fund from the prior fiscal year. 
"(B) The Secretary may permit the University or NTID 
to withdraw or expend a portion of its Federal endowment 
fund corpus or more than 50 percent of the income generated 
from its Federal endowment fund from the prior fiscal year 
if the institution involved demonstrates, to the Secretary's satis-
faction, 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 natural 
disaster or arson; or 
"(iii) another unusual occurrence or exigent 
cir-
cumstance. 
"(e) INVESTMENT AND EXPENDITURE FLEXIBILITY.—The corpus 
associated with a Federal pa3mient (and its non-Federal match) 
made to the Federal endowment fund of the University or NTID 
shall not be subject to the investment limitations of subsection 
(c)(1) after 10 fiscal years following the fiscal year in which the 
funds are matched, and the income generated from such corpus 
after the tenth fiscal year described in this subsection shall not 
be subject to such investment limitations and to the withdrawal 
and expenditure limitations of subsection (d)(3). 
"(f) RECOVERY OF PAYMENTS.—^After notice and an opportunity 
for a hearing, the Secretary is authorized to recover any Federal 
payments under this section if the University or NTID— 
"(1) makes a withdrawal or expenditure of the corpus or 
income of its Federal endowment fund that is not consistent 
with this section; 
"(2) fails to comply with the investment standards and 
limitations under this section; or 
106 STAT. 2162 
PUBLIC LAW 102-421—OCT. 16, 1992 
"(3) fails to account properly to the Secretary concerning 
the investment of or expenditures from the Federal endowment 
fund corpus or income. 
**(g) DEFINITIONS.—^As used in this section: 
**(1) The term 'corpus', with respect to a Federal endowment 
fund under this section, means an amount equal to the Federal 
payments to such fund, amounts contributed to the fund from 
non-Federal sources, and appreciation from capital gains and 
reinvestment of income. 
"(2) The term 'Federal endowment fund* means a fund, 
or a tax-exempt foundation, established and maintained pursu-
ant to this section by the University or NTID, as the case 
may be, for the purpose of generating income for the support 
of the institution involved. 
"(3) The term 'income', with respect to a Federal endowment 
fund under this section, means an amount equal to the divi-
dends and interest accruing from investments of the corpus 
of such fund. 
"(4) The term 'institution involved' means the University 
or NTID, as the case may be. 
"(h) AUTHORIZATION OF APPROPRIATIONS.— 
"(1) In the case of the University, there are authorized 
to be appropriated for the purposes of this section such sums 
as may be necessary for each of the fiscal years 1993 through 
1997. 
"(2) In the case of NTID, there are authorized to be appro-
priated for the purposes of this section such sums as may 
be necessary for each of the fiscal years 1993 through 1997. 
"(3) Amounts appropriated under paragraph (1) or (2) shall 
remain available until expended. 
**(i) EFFECTIVE DATE.—^The provisions of this section shall take 
effect as if included in the provisions of the Education of the 
DeafActofl986.''. 
SEC. 138. SCHOLARSHIP PROGRAM. 
The Education of the Deaf Act of 1986, as amended by section 
137 of this Act, is amended by inserting after section 207 the 
following section: 
20 use 4358. 
'^EC. 208. SCHOLARSHIP PROGRAM. 
"(a) IN GENERAL.—^The Secretary may make grants to institu-
tions of higher education that have teacher training programs in 
de£if education or special education for the purpose of providing 
scholarships to individuals who are deaf for careers in deaf edu-
cation or special education. Such institutions shall give priority 
consideration in the selection of qualified recipients of the scholar-
ships to individuals from underrepresented backgrounds, particu-
larhr 
minority 
individuals 
who 
are 
deaf 
and 
who 
are 
underrepresented in the teaching profession. Grants may be used 
by institutions to assist in covering the cost of courses of training 
or study for such individuals and for establishing and maintaining 
fellowships or traineeships with stipends and allowances as may 
be determined by the Secretary. 
"(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
making grants imder subsection (a), there are authorized to be 
appropriated $2,000,000 for fiscal year 1993, and such sums as 
may be necessary for each of the fiscal years 1994 through 1997.". 
PUBLIC LAW 102-421—OCT. 16, 1992 
106 STAT. 2163 
SEC. 139. INTERNATIONAL STUDENTS. 
The Education of the Deaf Act of 1986, as amended by section 
101(b)(6) of this Act, is amended by striking section 210 and insert-
ing the following section: 
"SEC. 210. INTERNATIONAL STUDENTS. 
20 USC 4359a. 
"(a) ENROLLMENT.—^Effective with new admissions for academic 
year 1993-1994 and each succeeding academic year, the University 
(including preparatoiy, undergraduate, and graduate students) and 
NTID shall limit tne enrollment of international students to 
approximately 10 percent of the total postsecondaiy student popu-
lation enrolled respectively at the University or NTID. 
"(b) TUITION SURCHARGE.—Effective with new admissions, the 
tuition for postsecondary international students enrolled in the 
University (including preparatory, undergraduate, and graduate 
students) or NTID shall include a surcharge of 75 percent beginning 
the academic year 1993-1994, and 90 percent beginning the aca-
demic year 1994-1995. 
"(c) REDUCTION OF SURCHARGE.—Beginning the academic year 
1993-1994 and thereafter, the University or NTID may reduce 
the surcharge under subsection (b) to 50 percent if— 
"(A) a student described under subsection (b) is from a 
developing country; 
"(B) such student is unable to pay the tuition surcharge 
under subsection (b); and 
"(C) such student has made a good faith effort to secure 
aid through such student's government or other sources. 
"(d) DEFINITION.—For purposes of subsection (c), the term 
'developing country* means a country that has a 1990 per capite 
income not in excess of $4,000 in 1990 United States dollars.". 
SEC. 140. AUTHORIZATION OF APPROPRIATIONS. 
Section 211 of the Education of the Deaf Act of 1986, as redesig-
nated by section 101(b)(6) of this Act, is amended— 
20 USC 4360. 
(1) in subsection (a)— 
(A) in the matter preceding subparagraph (A), by strik-
ing "fiscal years" and all that follows through "1991" and 
inserting "fiscal years 1993 through 1997"; 
(B) in subparagraph (B), by striking "part B of title 
I, relating 
to"; 
and 
(C) in subparagraph (C), by striking "part C of title 
I, relating to"; 
(2) in subsection (b), by striking "fiscal years" and all 
that follows through "relating to" and inserting the following: 
"fiscal vears 1993 through 1997 to carry out the provisions 
of this Act relating 
to"; 
and 
(3) by striking subsection (c). 
Subtitle E—Technical Amendments 
SEC. 151. TECHNICAL AMENDMENTS. 
(a) TERMINOLOGY.—The Education of the Deaf Act of 1986 
(20 U.S.C. 4301 et seq.) is amended— 
(1) by striking "deaf individuals" each place such term 
appears and inserting "individuals who are deaf; 
(2) by striking "deaf people" each place such term appears 
and inserting "individuals who are deaf^*; 
106 STAT. 2164 
PUBLIC LAW 102-421—OCT. 16, 1992 
(3) by striking "deaf children" each place such term appears 
and inserting "children who are deaf; 
(4) by striking "the deaf each place such term appears 
and inserting "individuals who are deaf; and 
(5) in section 206 (as redesignated by section 101(b)(6) 
of this Act), in the heading for the section, by striking "FOR 
THE DEAF". 
(b) OTHER AMENDMENTS.—Section 201 of the Education of the 
Deaf Act of 1986, as redesignated by section 101(b)(6) of this Act 
20 use 4351. 
and amended by subsection (a) of this section, is amended— 
(1) in paragraph (2), by striking "thereof and inserting 
"therein"; 
(2) in paragraph (3), by inserting "or hard-of-hearing" after 
"children who are deaf; and 
(3) in paragraph (4) (as redesignated by section 131(2)(B) 
of this Act)— 
(A) in the first sentence, in each of subparagraphs 
(A) through (E), by striking the last comma and inserting 
a semicolon; and 
(B) in the second sentence, by striking "clause" and 
inserting "subparagraph". 
Subtitle F—Effective Dates 
20 use 4301 
SEC. 161. EFFECTIVE DATES. 
The amendments described in this title are made upon October 
1,1992, and take effect upon such date. 
TITLE II—PROVISIONS REGARDING 
OTHER ACTS 
Subtitle A—Individuals with Disabilities 
Education Act 
SEC. 201. POSTSECONDARY EDUCATION. 
(a) REGIONAL CENTERS.—Section 625(a) of the Individuals with 
Disabilities Education Act (20 U.S.C. 1424a(a)) is amended by 
inserting after the first sentence in paragraph (6) the following 
new sentences: "The Secretary shall continue to provide assistance 
through September 30, 1994, to the current grantees operating 
the four regional centers for the deaf under subsection (a) of this 
section. The Secretary shall continue to provide such assistance 
through September 30, 1995, unless the authorization of appropria-
tions for parts C-G of the Act is extended by September 30, 1994.". 
20 use 1424a 
(b) STUDY.—There shall be conducted a General Accounting 
^°^- 
Office study of the four regional centers for the deaf under section 
625(a)(2) of the Individuals with Disabilities Education Act (20 
U.S.C. 1424(a)(2)). The scope of such study shall be determined 
by the Chairpersons and Ranking Minority members of the Sub-
committee on Disability Policy of the Committee on Labor and 
Human Resources in the Senate, and of the Subcommittee on Select 
Education of the Committee on Education and Labor in the House 
of Representatives. 
PUBLIC LAW 102-421—OCT. 16, 1992 
106 STAT. 2165 
SEC. 202. TRAINING PERSONNEL; EDUCATIONAL INTERPRETERS. 
(a) TRAINING PERSONNEL.—Section 631(a) of the Individuals 
vdth Disabilities Education Act (20 U.S.C. 1431(a)) is amended 
by adding at the end the following paragraph: 
**(8XA) In making grants under paragraph (1), the Secretary 
may make grants through a separate competition to institutions 
of higher education, in partnership with local educational agencies 
and center schools for students who are deaf, to carry out not 
less than 4 regional model demonstration training programs on 
deafness and secondary disabilities. 
"(B) Such programs shall provide preservice and inservice train-
ing to teachers and school administrators, and leadership personnel, 
in the education of students who are deaf and to related services 
personnel.**. 
(b) EDUCATIONAL INTERPRETERS.—Section 631 of the Individ-
uals with Disabilities Education Act (20 U.S.C. 1431) is amended— 
(1) by redesignating subsections (b) through (d) as sub-
sections (c) through (e), respectively; and 
(2) by inserting after subsection (a) the following sub-
section: 
"(bXD The Secretary may make grants to institutions of higher 
education, and other appropriate nonprofit agencies or organizations 
for the establishment or continuation of educational interpreter 
training programs to train personnel to effectively meet the various 
communication needs of elementary and secondary students who 
are deaf or deaf-blind. To the extent feasible, grants shall be geo- Rural and urban 
graphically dispersed throughout the Nation in urban and rural ^^eas. 
areas. 
"(2) The Secretary may make a grant under paragraph (1) 
only if the applicant for the grant provides an assurance that 
all interpreters receiving training under the grant will be provided 
training designed to develop skills necessary for facilitating effective 
communication for students who are deaf or deaf-blind. 
"(3) In making ^ a n t s under paragraph (1), the Secretary may 
provide for the training or retraining (including short-term and 
in-service training) 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, and other personnel 
who work with such individuals, on the role of educational inter-
preters.". 
SEC. 203. RESEARCH AND RELATED ACTIVITIES. 
Section 641 of the Individuals with Disabilities Education Act 
(20 U.S.C. 1441) is amended by adding at the end the following 
subsection: 
"(hXD The Secretary may make grants to institutions of higher 
education, in partnership with other appropriate agencies and 
organizations such as local educational agencies and center schools 
for students who are deaf, to— 
"(A) conduct research in the unique needs of children and 
youth, including minority children and youth, with disabilities; 
"(B) develop and evaluate specialized instructional meth-
ods, materials, curricula, and technologies for use with such 
children and youth; and 
"(C) 
develop 
and 
evaluate 
assessment 
techniques, 
instruments, and strategies used to identify, evaluate, and 
measure the progress of such children and youth. 
106 STAT. 2166 
PUBLIC LAW 102-421—OCT. 16, 1992 
"(2) Each grantee under this subsection shall provide for the 
meaningful involvement in its project of parents and family mem-
bers and adult role models.". 
Subtitle B—Effective Dates 
20 u s e 1424a 
SEC. 221. EFFECTIVE DATES. 
The amendments described in this title shall take efTect on 
October 1,1992. 
Approved October 16, 1992. 
LEGISLATIVE HISTORY—H.R. 5483: 
HOUSE REPORTS: No. 102-818 (Comm. on Education and Labor). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 10, considered and passed House. 
Oct. 5, considered and passed Senate, amended. House concurred in Senate 
amendment.