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11. LOAN SERVICE OF CAPTIONED FILMS AND EDUCA-
TIONAL MEDIA FOR THE DEAF AND HANDICAPPED,
AS AMENDED THROUGH THE 90TH CONGRESS,
FIRST SESSION

Enacted on September 1, 1958, as Public Law 85-905 (72 Stat. 1742),
42 U.S.C. 2491. Amended on September 28, 1962, by P.L. 87-715
(76 Stat. 654); on October 19, 1965, by P.L. 89-258 (79 Stat. 984);
and on January 2, 1968, by P.L. 90-247 (81 Stat. 804).

AN ACT To provide in the Department of Health, Education, and
Welfare for a loan service of captioned films for the deaf.

Be it enacted by the Senate and House of Representatives of the
United States in Congress assembled,

PURPOSES

SECTION 1. That the objectives of this Act are

(a) to promote the general welfare of deaf persons by (1) bringing to such persons understanding and appreciation of those films which play such an important part in the general and cultural advancement of hearing persons, (2) providing through these films, enriched educational and cultural experiences through which deaf persons can be brought into better touch with the realities of their environment, and (3) providing a wholesome and rewarding experience which deaf persons may share together; and

42 U.S.C. 2491.

(b) to promote the educational advancement of handi- 81 Stat. 804. capped persons by (1) carrying on research in the use of educational media for the handicapped, (2) producing and distributing educational media for the use of handicapped persons, their parents, their actual or potential employers, and other persons directly involved in work for the advancement of the handicapped, and 3 training persons in the use of educational media for the instruction of the handicapped.

DEFINITIONS

SEC. 2. As used in this Act

(1) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(2) The term "United States" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

(3) The term "deaf person" includes a person whose hearing

is severely impaired.

42 U.S.C. 2492.

(4) The term "handicapped" means deaf, mentally retarded, 81 Stat. 805. speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired persons.

42 U.S.C. 2493.

81 Stat. 805.

42 U.S.C. 2494. 81 Stat. 805.

42 U.S.C. 2495.

LOAN SERVICE ESTABLISHED

SEC. 3. (a) In order to carry out the objectives of this Act, the Secretary shall establish a loan service of captioned films and educational media for the purpose of making such materials available in the United States for nonprofit purposes to handicapped persons, parents of handicapped persons, and other persons directly involved in activities for the advancement of the handicapped in accordance with regulations promulgated by the Secretary.

(b) In carrying out the provisions of this Act, the Secretary shall have authority to

(1) acquire films (or rights thereto) and other educational media by purchase, lease, or gift;

(2) acquire by lease or purchase equipment necessary to the administration of this Act;

(3) provide for the captioning of films;

(4) provide for the distribution of captioned films and other educational media and equipment through State schools for the handicapped and such other agencies as the Secretary may deem appropriate to serve as local or regional centers for such distribution;

(5) provide for the conduct of research in the use of educational and training films and other educational media for the handicapped, for the production and distribution of educational and training films and other educational media for the handicapped and the training of persons in the use of such films and media; including the payment to those persons of such stipends (including allowances! for travel and other expenses of such persons and their dependents) as he may determine, which shall be consistent with prevailing practices under comparable federally supported programs

(6) utilize the facilities and services of other governmental agencies; and

(7) accept gifts, contributions, and voluntary and uncompensated services of individuals and organizations.

APPROPRIATIONS

SEC. 4. There are hereby authorized to be appropriated not to exceed $3,000,000 annually for each of the fiscal years 1966 and 1967, $8,000,000 annually for each of the fiscal years 1968 and 1969, and $10,000,000 annually for fiscal year 1970 and each succeeding fiscal year thereafter.

NATIONAL ADVISORY COMMITTEE

SEC. 5. (a) (1) For the purpose of advising and assisting the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the "Secretary") with respect to the

1 Section 155(d) of Public Law 90-247 provides that the addition of the clause beginning with "including the payment ." at the end of subsection (b) (5) of section 3 shall take effect on the date of enactment of Public Law 90-247, except that as to payments made pursuant to section 3 prior to such date this amendment shall be effective as of September 28, 1962.

education of the deaf, there is hereby created a National Advisory Committee on Education of the Deaf, which shall consist of twelve persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the civil service laws.

(2) The membership of the Advisory Committee shall include educators of the deaf, persons interested in education of the deaf, educators of the hearing, and deaf individuals.

(3) The Secretary shall from time to time designate one of the members of the Advisory Committee to serve as Chairman of the Advisory Committee.

(4) Each member of the Advisory Committee shall serve for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term, and except that the terms of the office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, three at the end of the first year, three at the end of the second year, three at the end of the third year, and three at the end of the fourth year after the date of appointment.

(5) A member of the Advisory Committee shall not be eligible to serve continuously for more than one term.

(b) The Advisory Committee shall advise the Secretary concerning the carrying out of existing and the formulating of new or modified programs with respect to the education of the deaf. In carrying out its functions, the Advisory Committee shall (A) make recommendations to the Secretary for the development of a system for gathering information on a periodic basis in order to facilitate the assessment of progress and identification of problems in the education of the deaf; (B) identify emerging needs respecting the education of the deaf, and suggest innovations which give promise of meeting such needs and of otherwise improving the educational prospects of deaf individuals; (C) suggest promising areas of inquiry to give direction to the research efforts of the Federal Government in improving the education of the deaf; and (D) make such other recommendations for administrative action or legislative proposals as may be appropriate.

(c) The Secretary may, at the request of the Advisory Committee appoint such special advisory professional or technical personnel as may be necessary to enable the Advisory Committee to carry out its duties.

(d) Members of the Advisory Committee, and advisory or technical personnel appointed pursuant to subsection (c), while attending meetings or conferences of the Advisory Committee or otherwise serving on business of the Advisory Committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day including travel time and while serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section

5 of the Administrative Expenses Act (5 U.S.C. 5703) for persons in the Government service employed intermittently. (e) The Advisory Committee shall meet at the request of the Secretary, but at least semiannually.

Legislative History

LOAN SERVICE OF CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR THE DEAF AND HANDICAPPED, AS AMENDED THROUGH THE 90TH CONGRESS, 1ST SESSION

85th Congress-P.L. 85-905

H.R. 13678:

House Rept. No. 2645 (Committee on Education and Labor).

Senate Rept. No. 1058, to accompany S. 1889 (Committee on Labor and Public Welfare).

Congressional Record, vol. 104 (1958):

Aug. 15: Considered and passed House.
Aug. 21: Considered and passed Senate.

87th Congress-P.L. 87-715

S. 2511:

Senate Rept. No. 1870 (Committee on Labor and Public Welfare).
House Rept. No. 2366 (Committee on Education and Labor).

Congressional Record, vol. 108 (1962):

Aug. 9: Considered and passed Senate.

Sept. 17: Considered and passed House, amended.
Sept. 18: Senate agreed to House amendments.

89th Congress-P.L. 89-258

S. 2232:

H. Rept. No. 1034 (Committee on Education and Labor).
S. Rept No. 649 (Committee on Labor and Public Welfare).
Congressional Record, vol. 111 (1965):

Aug. 31: Considered and passed Senate.

Oct. 5: Considered and passed House.

90th Congress-P.L. 90-247

H.R. 7819:

H. Repts. No. 188 (Committee on Education and Labor) and 1049 (committee of conference).

S. Rept No. 726 (Committee on Labor and Public Welfare).

Congressional Record, vol. 113 (1967):

May 22-24: Considered and passed House.

Dec. 1, 4-8, 11: Considered and passed Senate amended.
Dec. 15: House and Senate agreed to conference report.

12. GRANTS FOR TEACHING IN THE EDUCATION

OF HANDICAPPED CHILDREN, AS AMENDED THROUGH THE 90th CONGRESS, FIRST SESSION Enacted on September 6, 1958, as P.L. 85-926 (72 Stat. 1777), 20 U.S.C. 611. Amended on August 14, 1959 by P.L. 86-158 (73 Stat. 346); on October 31, 1963 by P.L. 88-164 (77 Stat. 294); on August 4, 1965 by P.L. 89-105 (79 Stat. 430); and on December 4, 1967 by P.L. 90-170 (81 Stat. 530).

AN ACT To encourage expansion of teaching in the education of mentally retarded children through grants to institutions of higher learning and to State educational agencies.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

GRANTS TO PUBLIC OR NONPROFIT INSTITUTIONS

SECTION 1. The Commissioner of Education is authorized to 20 U.S.C. 611. make grants to public or other nonprofit institutions of higher learning to assist them in providing training of professional personnel to conduct training of teachers in fields related to education of mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education (hereinafter in this chapter referred to as "handicapped children"). He is also authorized to make grants to public or other nonprofit institutions of higher learning to assist them in providing professional or advanced training for personnel engaged or preparing to engage in employment as teachers of handicapped children, as supervisors of such teachers, or as speech correctionists or other specialists providing special services for education of such children, or engaged or preparing to engage in research in fields related to education of such children. Grants under this section may be used by such institutions to assist in covering the cost of courses of training or study for such personnel and for establishing and maintaining fellowships or traineeships, with such stipends as may be determined by the Commissioner of Education. The Commissioner is also authorized to make grants to public or other nonprofit institutions of higher learning to assist them in establishing and maintaining scholarships, with such stipends as may be determined by the Commissioner, for training personnel preparing to engage in employment as teachers of the deaf.

GRANTS TO STATE EDUCATIONAL AGENCIES FOR FELLOWSHIPS

SEC. 2. The Commissioner of Education is also authorized to 20 U.S.C. 612. make grants to State educational agencies to assist them in establishing and maintaining, directly or through grants to

91-165 0-68-pt. 2- -19

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