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funded much like a public institution, but operates like a small private school. Gallaudet uses a group of elite private colleges for the purpose of comparing educational and general expenditures. Tuition at these schools is about 200 percent more than that charged by Gallaudet. Gallaudet uses eight area colleges and universities for the purpose of setting faculty and staff salaries and benefits. Average tuition at these institutions is approximately 100 percent higher than that charged by Gallaudet, including tuition at Howard University. The Department believes that if we retain the landgrant institutions as a basis of comparison for tuition purposes, the 135 percent differential these schools charge out-of-State and foreign students is a reasonable proxy for calculating the surcharge. Even at this rate, the Federal Government would be subsidizing over two thirds of the educational costs of foreign students at Gallaudet.

Question: What is the average annual Federal subsidization of a foreign student attending Gallaudet?

Answer: Gallaudet asserts that, because of marginal cost considerations, the real subsidization of these students is small. Five years ago, GAO calculated the average educational cost for all students, excluding unique services, at $15,941. Minus tuition, the subsidy for direct educational costs was about $13,907. According to Gallaudet's calculation of the average educational cost per student using the method employed in the General Accounting Office study of Gallaudet, the University estimates the current average annual educational cost minus the tuition and required fees paid by these students at about $11,000 per student. Gallaudet currently has 304 foreign students enrolled at the University. translates to a subsidy of $3,344,000.

FUNDING NEEDS

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Question: The Department has requested level funding for operations in anticipation of increases in non-appropriated revenue the University would receive as a result of increases in tuition, room, board and fundraising, and in anticipation of savings the University would realize due to reductions in total staff.

Will you in fact be able to offset the effects of inflation through increases in non-appropriated revenue and savings from staff reductions?

Answer: Gallaudet does not believe that the increases in nonappropriated revenue and savings from staff reductions will be adequate to meet all needs. The University plans to use savings from staff reductions to support merit pay programs and to reestablish budget flexibility which was limited because of what it perceives as slow growth in Federal appropriations. The University's most recent estimate is that it will require an addition to the Federal appropriation of about $3 million to fund the compensation increase that would be needed to keep up with the inflation rate of the past two years.

Question:

PERCENTAGE OF EMPLOYEES WHO ARE DEAF

What percentage of Gallaudet employees are deaf?

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Answer: Approximately 31 percent of all Gallaudet employees are deaf, and about one third are members of minority groups. latter percentage mirrors the composition of the Washington Metro area according to the latest U.S. census figures.

Question: How does this compare with the last five years?

Answer: As a benchmark, Gallaudet uses the figures submitted in the report to the Commission on Education of the Deaf in 1987. At that time, about 25% of Gallaudet's employees were deaf.

PERCENTAGE OF FACULTY AND STUDENTS WHO ARE MINORITIES

Question: What percentage of Gallaudet students are minority versus faculty?

Answer: About 13 percent of the total Gallaudet faculty are members of minority groups. Regarding students, the equivalent figures are 13 percent for University students, 43 percent for Model Secondary School for the Deaf students and 68 percent for Kendall Demonstration Elementary School students.

Question: Please describe for us your recruitment program for minority and disabled persons.

Answer: Gallaudet is proceeding with implementation of an affirmative action plan that it believes will be a model for improving the hiring, promotion, and retention of employees who are deaf, disabled, members of minority groups, and veterans. The plan has been reviewed by the University's legal counsel, and Gallaudet expects to fully implement the plan by the end of fiscal year 1991. The University points out that the statistics discussed above indicate that it already has a good track record in this regard, but it hopes to further improve. To improve its ability to recruit minority students, Gallaudet employs recruiters who are themselves members of minority groups. In the future, additional recruiting trips are planned to maximize the effectiveness of these recruiters.

AMERICANS WITH DISABILITIES ACT IMPLEMENTATION

Question: Dr. Jordan, you requested, and the Department rejected, $250,000 for additional staff for the National Center for Law and the Deaf to respond to potential requests for legal action related to implementation of the Americans with Disabilities Act, and for various other Departments to develop and disseminate materials on the implications of ADA for the employment of deaf people.

Why can't existing staff perform these functions?

Answer: According to Gallaudet, existing staff at the National Center for Law and the Deaf are fully committed to other tasks. They would have to reduce their commitment to other functions, which are also considered to be vital by the University, in order to respond to the demands placed upon them by the Americans with Disabilities Act.

Question: What function would Gallaudet be performing that the Department of Justice or EEOC cannot?

Answer: Gallaudet believes that, as the world's leading center on deafness, it is naturally looked to as the primary source of information and advice on matters pertaining to the legal rights of deaf people. The focus of University efforts related to the Americans with Disabilities Act and, in particular, those of the Law Center, would be uniquely targeted on the effects of the law on the lives of deaf people. The University believes that no other organization or agency, public or private, has the resources or commands the national respect that Gallaudet does in this regard.

CONSOLIDATION OF THE PRE-COLLEGE PROGRAMS

Question: The Department has called for the consolidation of the Model Secondary School for the Deaf and Kendall Demonstration Elementary School into a single line item. This is to increase administrative discretion.

What do you calculate would be the total savings, through increased flexibility in the use of personnel and resources, and decreased bookkeeping and other administrative burdens, to result from this consolidation?

Answer: The University states that, as it understands the recommendation, the programs would continue to operate as separate entities, but the funding would be combined into a single account. Gallaudet supports the recommendation and believes that it would lead to increased flexibility in budgeting and financial management. The University does not anticipate that any significant savings would result from the consolidation.

MASTER'S DEGREE IN SOCIAL WORK ENROLLMENT

Question: Gallaudet introduced a new master's degree program in social work in school year 1989-90. What has been the enrollment in this program during its first two years of operation?

Answer: In the fall of 1989, eight students were enrolled. This number increased to 12 in school year 1990-91.

EMPOWERMENT OF PERSONS WHO ARE DEAF AND BLACK

Question: Last year, Gallaudet co-sponsored a first-of-itskind conference on the empowerment of black deaf persons. What were some of the lessons of that conference?

Answer: This conference took place in New York in April of 1990 and was a first-of-its-kind two-day national conference, cosponsored by Gallaudet University and Lehman College of the City University of New York. The goal of the conference was for each participant to leave the conference with a clear understanding of what empowerment means and strategies for self-empowerment and community empowerment. Participants included both professionals and consumers who are part of the Black Deaf Community and others interested in the issues of empowerment and advancement within this community. The conference was attended by 150 people. A new organization, the Coalition of Black Professionals in the Field of Deafness, was established. Three chapters are currently in place across the United States.

SUBCOMMITTEE RECESS

Senator HARKIN. Thank you all. The subcommittee will stand in recess to reconvene at 10 a.m., Thursday, March 21 in room 192 Dirksen. At that time we will hear testimony from a number of the related agencies, ACTION; Federal Mediation and Conciliation Services; Railroad Retirement Board; Federal Mine Safety and Health Review Commission; NLRB; and OSHA Review Commission to name a few.

[Whereupon, at 11:15 a.m., Tuesday, March 19, the subcommittee was recessed, to reconvene at 10 a.m., Thursday, March 21.]

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 1992

THURSDAY, MARCH 21, 1991

U.S. SENATE,

SUBCOMMITTEE OF THE COMMITTEE ON APPROPRIATIONS,

Washington, DC.

The subcommittee met at 10 a.m., in room SD-192, Dirksen Senate Office Building, Hon. Tom Harkin (chairman) presiding. Present: Senators Harkin, Specter, and Gorton.

ACTION

STATEMENT OF JANE A. KENNY, DIRECTOR

ACCOMPANIED BY GARY KOWALCZYK, COMPTROLLER AND ACTING ASSOCIATE DIRECTOR FOR MANAGEMENT AND BUDGET

OPENING REMARKS OF SENATOR HARKIN

Senator HARKIN. Good morning. The Subcommittee on Labor, Health and Human Services, Education, and Related Agencies will come to order this morning.

We will hear testimony from 8 of the 15 related agencies on this jurisdiction of the subcommittee.

First will be the ACTION agency, followed by Federal Mediation and Conciliation Service, the National Mediation Board, the Railroad Retirement Board, the Federal Mine Safety and Health Review Commission, the National Labor Relations Board, and the Occupational Safety and Health Review Commission.

Jane Kenny, the Director of ACTION is our first witness. I understand you are requesting $198.5 million for fiscal year 1992, an increase of $7.2 million or about 3.8 percent over last year, specifically requesting a 16-percent increase for VISTA, a 33-percent cut in the special volunteer programs, level funding for the Older American Volunteer Programs, a 4.2-percent increase for inspector general, and a 7.5-percent increase for program administration.

Ms. Kenny, please introduce your colleague who is with you and summarize your opening statement. I would appreciate it.

I will leave the record open at this point for any statements that Senator Specter has. And I would yield to my friend from Washington, Senator Gorton.

Senator GORTON. I am ready to hear the witness.

Senator HARKIN. Thank you. Ms. Kenny, please proceed.

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