National Deafness and Other Communications Disorders Act of 1988
PL 100-553 (S.1727), enacted 10/28/1988

PUBLIC LAW 100-553—OCT. 28, 1988 
102 STAT. 2769 
Public Law 100-553 
100th Congress 
An Act 
National 
Deafness and 
Other 
Communication 
Disorders Act of 
1988 
42 u s e 201 note. 
To amend the Public Health Service Act to establish within the National Institutes of 
Oct. 28, 1988 
Health a National Institute on Deafness and Other Communication Disorders. 
[S. 1727] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act shall be cited as the "National Deafness and Other 
Communication Disorders Act of 1988". 
SEC. 2. ESTABLISHMENT AND TRANSFER OF FUNCTIONS. 
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is 
amended— 
(1) in section 401(bXl)— 
(A) by striking "and Communicative" in subparagraph 
(J); and 
(B) by adding at the end the following new subparagraph: 
"(M) The National Institute on Deafness and Other Commu-
nication Disorders."; 
(2) in the heading for subpart 10 of part C, by striking "and 
Communicative"; 
(3) in section 457— 
(A) by striking "and Communicative"; and 
(B) by striking "disorder, stroke," and all that follows and 
inserting "and disorder and stroke."; and 
(4) in Part C, by adding at the end the following new subpart: 
"Subpart 13—National Institute on Deafness and Other 
Communication Disorders 
"PURPOSE OF THE INSTITUTE 
"SEC. 464. The general purpose of the National Institute on Deaf-
ness and Other Communication Disorders (hereafter referred to in 
this subpart as the 'Institute') is the conduct and suppjort of research 
and training, the dissemination of health information, and other 
programs with respect to disorders of hearing and other communica-
tion processes, including diseases affecting hearing, balance, voice, 
speech, language, taste, and smell. 
"NATIONAL DEAFNESS AND OTHER COMMUNICATION DISORDERS 
PROGRAM 
"SEC 464A. (a) The Director of the Institute, with the advice of the 42 USC 285m-l. 
Institute's advisory council, shall establish a National Deafness and 
Other Communication Disorders Program (hereafter in this section 
referred to as the 'Program'). The Director or the Institute shall, 
with respect to the Program, prepare and transmit to the Director of 
NIH a plan to initiate, expand, intensify and coordinate activities of 
the Institute respecting disorders of hearing (including tinnitus) and 
Education. 
Research and 
development. 
Public 
information. 
42 USC 285m. 
102 STAT. 2770 
PUBLIC LAW 100-553—OCT. 28, 1988 
other communication processes, including diseases affecting hear-
ing, balance, voice, speech, langusige, taste, and smell. The plan 
shall include such comments and recommendations as the Director 
of the Institute determines appropriate. The Director of the 
Institute shall periodically review and revise the plan and shall 
transmit any revisions of the plan to the Director of NIH. 
"(b) Activities under the Program shall include— 
"(1) investigation into the etiology, pathology, detection, treat-
ment, and prevention of all forms of disorders of hearing and 
other communication processes, primarily through the support 
of basic research in such areas as anatomy, audiology, bio-
chemistry, bioengineering, epidemiology, genetics, immunology, 
microbiology, molecular biology, the neurosciences, otolarsmgol-
ogy. psychology, pharmacology, physiology, speech and lan-
guage pathology, and any other scientific disciplines that can 
contribute importeuit knowledge to the understanding and 
elimination of disorders of hearing and other communication 
processes; 
"(2) research into the evaluation of techniques (including 
surgical, medical, and behavioral approaches) and devices 
(including hearing aids, implanted auditory and nonauditory 
prosthetic devices and other communication aids) used in diag-
nosis, treatment, rehabilitation, and prevention of disorders of 
hearing and other communication processes; 
"(3) research into prevention, and early detection and diag-
nosis, of hearing loss and speech and langus^e disturbances 
(including stuttering) and research into preventing the effects of 
such disorders on learning and learning disabilities with exten-
sion of programs for appropriate referral and rehabilitation; 
"(4) research into the detection, treatment, and prevention of 
disorders of hearing and other communication processes in the 
growing elderly population with extension of rehabilitative pro-
grams to ensure continued effective communication skills in 
such population; 
"(5) research to expand knowledge of the effects of environ-
mental agents that influence hearing or other communication 
processes; and 
"(6) developing and facilitating intramural programs on clini-
cal and fundamental aspects of disorders of hearing and all 
other communication processes. 
"DATA SYSTEM AND INFORMATION CLEARINGHOUSE 
42USC285m-2. 
"SEC. 464B. (a) The Director of the Institute shall establish a 
National Deafness and Other Communication Disorders Data 
System for the collection, storage, analysis, retrieval, and dissemina-
tion of data derived from patient populations with disorders of 
hearing or other communication processes, including where pos-
sible, data involving general populations for the purpose of identify-
ing individuals at risk of developing such disorders. 
"(b) The Director of the Institute shall establish a National Deaf-
ness and Other Communication Disorders Information Clearing-
house to facilitate and enhance, through the effective dissemination 
of information, knowledge and understanding of disorders of hear-
ing and other communication processes by health professionals, 
patients, industry, and the public. 
PUBLIC LAW 100-553—OCT. 28, 1988 
102 STAT. 2771 
MULTIPURPOSE DEAFNESS AND OTHER COMMUNICATION DISORDERS 
CENTER 
"SEC. 464C. (a) The Director of the Institute shall, after consulta- 
42 use 285m-3. 
tion with the advisory council for the Institute, provide for the 
development, modernization, and operation (including care required 
for research) of new and existing centers for studies of disorders of 
hearing and other communication processes. For purposes of this 
section, the term 'modernization' means the alteration, remodeling, 
improvement, expansion, and repair of existing buildings and the 
provision of equipment for such buildings to the extent necessary to 
make them suitable for use £is centers described in the preceding 
sentence. 
"(b) Each center Eissisted under this section shall— 
"(1) use the facilities of a single institution or a consortium of 
cooperating institutions; and 
"(2) meet such qualifications as may be prescribed by the 
Secretary. 
"(c) Each center assisted under this section shall, at least, 
conduct— 
"(1) basic and clinical research into the cause diagnosis, early 
detection, prevention, control and treatment of disorders of 
hearing and other communication processes and complications 
resulting from such disorders, including research into rehabili-
tative aids, implantable biomaterials, auditory speech proc-
essors, speech production devices, and other otolaryngologic 
procedures; 
"(2) training programs for physicians, scientists, and other 
Healthcare 
health and allied health professionals; 
professionals. 
"(3) information and continuing education programs for 
physicians and other health and allied health professionals who 
will provide care for patients with disorders of hearing or other 
communication processes; and 
"(4) programs for the dissemination to the general public of 
information— 
"(A) on the importance of early detection of disorders of 
hearing and other communication processes, of seeking 
prompt treatment, rehabilitation, and of following an 
appropriate regimen; and 
(B) on the importance of avoiding exposure to noise and 
other environmental toxic agents that may affect disorders 
of hearing or other communication processes. 
"(d) A center may use funds provided under subsection (a) to 
provide stipends for health professionals enrolled in training pro-
grams described in subsection (cX2). 
"(e) Each center assisted under this section may conduct 
programs— 
"(1) to establish the effectiveness of new and improved meth-
ods of detection, referral, and diagnosis of individuals at risk of 
developing disorders of hearing or other communication proc-
esses; and 
"(2) to disseminate the results of research, screening, and 
other activities, and develop means of standardizing patient 
data and recordkeeping. 
"(f) The Director of the Institute shall, to the extent practicable, 
Aged persons. 
provide for an equitable geographical distribution of centers assisted 
Children and 
under this section. The Director shall give appropriate consideration 
youth. 
102 STAT. 2772 
PUBLIC LAW 100-553—OCT. 28, 1988 
to the need for centers especially suited to meeting the needs of the 
elderly, and of children (particularly wdth respect to their education 
and training), affected by disorders of hearing or other communica-
tion processes. 
"(g) Support of a center under this section may be for a period not 
to exceed seven years. Such period may be extended by the Director 
of the Institute for one or more additional periods of not more than 
five years if the operations of such center have been reviewed by an 
appropriate technical and scientific peer review group established 
by the Director, with the advice of the Institute's advisory council, if 
such group has recommended to the Director that such period 
should be extended. 
"NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION 
DISORDERS ADVISORY BOARD 
42 use 285m-4. 
"SEC. 464D. (a) The Secretary shall establish in the Institute the 
National Deafness and Other Communication Disorders Advisory 
Board (hereafter in this section referred to as the 'Advisory Board'). 
"(b) The Advisory Board shall be composed of eighteen appointed 
members and nonvoting ex officio members as follows: 
"(1) The Secretary shall appoint— 
"(A) twelve members from individuals who are scientists, 
physicians, and other health and rehabilitation profes-
sionals, who are not officers or employees of the United 
States, and who represent tiie specialties and disciplines 
relevant to deafness and other communication disorders, 
including not less than two persons with a communication 
disorder; and 
"(B) six members from the general public who are 
kn wledgeable with respect to such disorders, including not 
less than one person with a communication disorder and 
not less than one person who is a parent of an individual 
with such a disorder. 
Of the appointed members, not less than five shall by virtue of 
training or experience be knowledgeable in diagnoses and re-
habilitation of communication disorders, education of the hear-
ing, speech, or language impaired, public health, public 
information, community program development, occupational 
hazards to communications senses, or the aging process. 
"(2) The following shall be ex officio members of each 
Advisory Board: 
"(A) The Assistant Secretary for Health, the Director of 
NIH, the Director of the National Institute on Deafness and 
Other Communication Disorders, the Director of the Cen-
ters for Disease Control, the Chief Medical Director of the 
Veterans' Administration, and the Assistant Secretary of 
Defense for Health Affairs (or the designees of such offi-
cers). 
"(B) Such other officers and employees of the United 
States as the Secretary determines necessary for the 
Advisory Board to carry out its functions. 
"(c) Members of an Advisory Board who are officers or employees 
of the Federal Government shall serve as members of the Advisory 
Board without compensation in addition to that received in their 
regular public employment. Other members of the Board shall 
receive compensation at rates not to exceed the daily equivalent of 
PUBLIC LAW 100-553—OCT. 28, 1988 
102 STAT. 2773 
the annual rate in effect for grade GS-18 of the General Schedule 
for each day (including traveltime) they are engaged in the perform-
ance of their duties as members of the Board. 
"(d) The term of office of an appointed member of the Advisory 
Board is four years, except that no term of office may extend beyond 
the expiration of the Advisory Board. Any member appointed to fill 
a vacancy for an unexpired term shall be appointed for the remain-
der of such term. A member may serve after the expiration of the 
member's term until a successor has taken office. If a vacancy 
occurs in the Advisory Board, the Secretary shall make an appoint-
ment to fill the vacancy not later than 90 days from the date the 
vacancy occurred. 
"(e) The members of the Advisory Board shall select a chairman 
from among the appointed members. 
"(f) The Secretary shall, after consultation with and consideration 
of the recommendations of the Advisory Board, provide the Advisory 
Board with an executive director and one other professional staff 
member. In addition, the Secretary shall, after consultation with 
and consideration of the recommendations of the Advisory Board, 
provide the Advisory Board with such additional professional staff 
members, such clerical staff members, such services of consultants, 
such information, and (through contracts or other arrangements) 
such administrative support services and facilities, as the Secretary 
determines are necessary for the Advisory Board to carry out its 
functions. 
"(g) The Advisory Board shall meet at the call of the chairman or 
upon request of the Director of the Institute, but not less often than 
four times a year. 
"(h) The Advisory Board shall— 
"(1) review and evaluate the implementation of the plan 
prepared under section 464A(a) and periodically update the plan 
to ensure its continuing relevance; 
"(2) for the purpose of assuring the most effective use and 
organization of resources respecting deafness and other commu-
nication disorders, advise and make recommendations to the 
Congress, the Secretary, the Director of NIH, the Director of the 
Institute, and the heads of other appropriate Federal agencies 
for the implementation and revision of such plan; and 
"(3) maintain liaison with other advisory bodies related to 
Federal agencies involved in the implementation of such plan 
and with key non-Federal entities involved in activities affect-
ing the control of such disorders, 
"(i) In canying out its functions, the Advisory Board may estab-
lish subcommittees, convene workshops and conferences, and collect 
data. Such subcommittees may be composed of Advisory Board 
members and nonmember consultants with expertise in the particu-
lar area addressed by such subcommittees. The subcommittees may 
hold such meetings as are necessary to enable them to carry out 
their activities. 
"(j) The Advisory Board shall prepare an annual report for the 
Reports. 
Secretary which— 
"(1) describes the Advisory Board's activities in the fiscal year 
for which the report is made; 
"(2) describes and evaluates the progress made in such fiscal 
year in research, treatment, education, and trsdning with 
respect to the deafness and other communication disorders; 
102 STAT. 2774 
PUBLIC LAW 100-553—OCT. 28, 1988 
"(3) summarizes and analyzes expenditures made by the Fed-
eral Government for activities respecting such disorders in such 
fiscal year; and 
"(4) contains the Advisory Board's recommendations (if any) 
for changes in the plan prepared under section 464A(a). 
"(k) The National Deafness and Other Communication Disorders 
Advisory Board shall be established not later than 90 days after the 
date of the enactment of the National Institute on Deafness and 
Other Communication Disorders Act. 
42 u s e 285m-5. 
Reports. 
42 u s e 285m-6. 
42 u s e 285m 
note. 
Gifts and 
property. 
eontracts. 
Records. 
INTERAGENCY COORDINATING COMMITTEE 
"SEC. 464E. (a) The Secretary may establish a committee to be 
knovm as the Deafness and Other Communication Disorders Inter-
agency Coordinating Committee (hereafter in this section referred to 
as the 'Coordinating Committee'). 
"(b) The Coordinating Committee shall, with respect to deafness 
and other communication disorders— 
"(1) provide for the coordination of the activities of the 
national research institutes; and 
"(2) coordinate the aspects of all Federal health programs and 
activities relating to deafness and other communication dis-
orders in order to assure the adequacy and technical soundness 
of such programs and activities and in order to provide for the 
full communication and exchange of information necessary to 
maintain adequate coordination of such programs and 
activities. 
"(c) The Coordinating Committee shall be composed of the direc-
tors of each of the national research institutes and divisions 
involved in research with respect to deafness and other communica-
tion disorders and representatives of all other Federal departments 
and agencies whose programs involve health functions or respon-
sibilities relevant to deafness and other communication disorders. 
"(d) The C!ommittee shall be chaired by the Director of NIH (or the 
designee of the Director). The Committee shall meet at the call of 
the chair, but not less often than four times a year. 
"(e) Not later than 120 days after the end of each fiscal year, the 
Committee shall prepare and transmit to the Secretary, the Director 
of NIH, the Director of the Institute, and the advisory council for 
the Institute a report detailing the activities of the Committee in 
such fiscal year in carrying out subsection (b). 
"UMITATION ON ADMINISTRATIVE EXPENSES 
"SEC. 464F. With respect to amounts appropriated for a fiscal year 
for the National Institutes of Health, the limitation established in 
section 408(bXl) on the expenditure of such amounts for administra-
tive expenses shall apply to administrative expenses of the National 
Institute on Deafness and Other Communication Disorders.". 
SEC. 3. TRANSITIONAL AND SAVINGS PROVISIONS. 
(a) TRANSFER OF PERSONNEL, ASSETS, AND LIABILITIES.—Personnel 
employed by the National Institutes of Health in connection with 
the functions vested under section 2 in the Director of the National 
Institute on Deafness and Other Communication Disorders, and 
assets, property, contracts, liabilities, records, unexpended balances 
of appropriations, authorizations, allocations, and other funds of the 
National Institutes of Health, arising from or employed, held, used, 
PUBLIC LAW 100-553—OCT. 28, 1988 
102 STAT. 2775 
available to, or to be made available, in connection with such 
functions shall be transferred to the Director for appropriate alloca-
tion. Unexpended funds transferred under this subsection shall be 
used only for the purposes for which the funds were originally 
authorized and appropriated. 
(b) SAVINGS PROVISIONS.—With respect to functions vested under 
Grants, 
section 1 in the Director of the National Institute on Deafness and 
Contracts. 
Other Communication Disorders, all orders, rules, regulations, 
grants, contracts, certificates, licenses, privileges, and other deter-
minations, actions, or official documents, that have been issued, 
made, granted, or allowed to become effective, and that are effective 
on the date of the enactment of this Act, shall continue in effect 
according to their terms unless changed pursuant to law. 
Approved October 28, 1988. 
LEGISLATIVE HISTORY—S. 1727 (H.R. 3361): 
HOUSE REPORTS: No. 100-761 accompanying H.R. 3361 (Comm. on Energy and 
Commerce). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
July 11, 12, H.R. 3361 considered and passed House. 
Aug. 3, considered and passed Senate, amended. 
Oct. 7, S, 1727 considered and passed Senate. 
Oct. 13, considered and passed House.