US (United States) Code. Title 20. Chapter 52: Education for economic security

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

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20 USC CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

.

-HEAD-

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

-MISC1-

Sec.

3901. Statement of purpose.

3902. Definitions.

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

3911. Congressional declaration of policy.

3912. Functional objectives; uses of funds.

3913. Teacher institutes.

(a) Authorization to make competitive grants; covered

institutions, businesses, etc.; purpose.

(b) Equitable distribution of grants; awards in each

State.

(c) Cooperation of advanced technology businesses and

other businesses.

(d) Requirement of involvement in planning and

development.

3914. Materials development and methods research for mathematics,

science, and engineering.

(a) Authorization to award competitive grants;

covered institutions, businesses, etc.;

purposes.

(b) Scope of studies.

(c) Matching grant requirements.

(d) Materials or methods research application

requirements.

3915. Graduate fellowships.

3916. Other functional activities.

3917. Repealed.

3918. Approval of proposals.

3919. Special consideration of underrepresented and underserved

population.

3920. Availability of funds.

3921. Prohibition against the Federal control of education.

3922. Participation of teachers from private schools.

SUBCHAPTER II - EDUCATION FOR ECONOMIC SECURITY

3961 to 3973. Repealed.

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

PART A - HIGHER EDUCATION PARTNERSHIPS

3981. Statement of purpose.

3982. Definitions.

3983. Program authorized.

(a) Authority of Secretary.

(b) Authorization of appropriations.

3984. Authorized activities.

(a) Higher education partnership in education

programs and activities; eligible applicants.

(b) Elementary and secondary partnership in education

programs and activities; eligible applicants.

3985. Application.

(a) Requirements; terms, assurances, and conditions.

(b) Regional joint application.

3986. Submission of applications.

3987. Approval of applications.

(a) Criteria; consistency of applications with State

plans.

(b) Procedures for equitable distribution of grants

among States.

3988. Payments; Federal share; limitation.

(a) Federal and non-Federal shares.

(b) Fiscal year State limitation.

PART B - ELEMENTARY AND SECONDARY EDUCATION PARTNERSHIPS

3991. Purpose.

3992. Programs authorized.

(a) Grants.

(b) Authorization of appropriations.

3993. Amendment to State application.

(a) Application.

(b) Application requirements.

3994. Eligible programs.

(a) In general.

(b) Use of funds.

3995. Local applications.

(a) Eligibility.

(b) Requirements for application.

(c) Waiver.

(d) Joint applications.

3996. Submission of applications.

3997. Approval of applications.

(a) Criteria.

(b) Approval procedures.

3998. Computation of grant amounts.

(a) Payments to grantees.

(b) Payments to States.

(c) Reduction for insufficient funding.

SUBCHAPTER IV - PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN

MATHEMATICS AND SCIENCE

4001 to 4003. Repealed.

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

4011. Findings and purpose.

(a) Findings.

(b) Purpose.

4012. Asbestos hazard abatement program.

(a) Abatement program.

(b) Duties.

4013. State records and priority lists.

(a) Records.

(b) Priority list.

4014. Financial assistance.

(a) Assistance program.

(b) Application submission.

(c) Review of application.

(d) Limitation.

(e) Amount of loan or grant.

(f) Loan agreement.

(g) Application requirements.

4015. Administrative provisions.

(a) Regulations.

(b) Procedures.

(c) Relationship to other laws.

(d) Other authority.

4016. Annual report.

4017. Recovery of costs.

(a) Loan condition.

(b) Expeditious recovery.

4018. Employee protection.

4019. Affect on rights under other laws.

4020. Definitions.

4021. Authorization.

(a) Amount; availability until expended.

(b) Minimum State amount; fiscal year obligation

requirement; reserved funds for administration

and asbestos abatement oriented program

expenditures; appropriations out of Asbestos

Trust Fund.

4022. Asbestos Trust Fund.

(a) Creation of Trust Fund.

(b) Transfers to Trust Fund.

(c) Management of Trust Fund.

(d) Expenditures from Asbestos Trust Fund.

(e) Authority to borrow.

(f) Effective date.

SUBCHAPTER VI - EXCELLENCE IN EDUCATION PROGRAM

4031 to 4037. Repealed.

SUBCHAPTER VII - MAGNET SCHOOLS ASSISTANCE

4051 to 4062. Repealed.

SUBCHAPTER VIII - EQUAL ACCESS

4071. Denial of equal access prohibited.

(a) Restriction of limited open forum on basis of

religious, political, philosophical, or other

speech content prohibited.

(b) ''Limited open forum'' defined.

(c) Fair opportunity criteria.

(d) Construction of subchapter with respect to

certain rights.

(e) Federal financial assistance to schools

unaffected.

(f) Authority of schools with respect to order,

discipline, well-being, and attendance

concerns.

4072. Definitions.

4073. Severability.

4074. Construction.

SUBCHAPTER IX - STAR SCHOOLS PROGRAM

4081 to 4086. Repealed.

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20 USC Sec. 3901 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

-HEAD-

Sec. 3901. Statement of purpose

-STATUTE-

It is the purpose of this chapter to improve the quality of

mathematics and science teaching and instruction in the United

States.

-SOURCE-

(Pub. L. 98-377, Sec. 2, Aug. 11, 1984, 98 Stat. 1267.)

-MISC1-

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-159, Sec. 1, Nov. 22, 1985, 99 Stat. 887, provided:

''That this Act (enacting sections 366, 1221e-1c, and 3911 to 3922

of this title, and section 1886 of Title 42, The Public Health and

Welfare, amending sections 351a, 351c, 351d, 353, 1134h, 1221e-1b,

1411, 2007, 2311, 2312, 2322, 2323, 2333, 2361 to 2363, 2383, 2392,

2417, 2462, 2464, 2471, 2763, 3902, 3963 to 3973, 3982, 3983, 3985

to 3988, 4003, 4033, 4051, 4053, 4056, and 4059 of this title,

sections 1503 and 1753 of Title 29, Labor, and sections 1862 to

1864, 1868 to 1872, 1873, 1874, 1881a, 1882, and 1885 to 1885d of

Title 42, omitting sections 3911 to 3915, 3921 to 3923, 3931 to

3933, 3941, and 3951 to 3954 of this title, repealing sections

1873a and 1884 of Title 42, enacting provisions set out as notes

under sections 351f, 1087bb, 1411, and 2311 of this title and

section 1861 of Title 42, and amending provisions set out as notes

under sections 1087bb and 2301 of this title and sections 1861 and

1882 of Title 42) may be cited as the 'National Science,

Engineering, and Mathematics Authorization Act of 1986'.''

SHORT TITLE

Section 1 of Pub. L. 98-377 provided: ''That this Act (enacting

this chapter) may be cited as the 'Education for Economic Security

Act'.''

Part A of title III of Pub. L. 98-377, as amended, which enacted

part A of subchapter III of this chapter, is known as

''Partnerships in Education for Mathematics, Science, and

Engineering Act'', see note set out under section 3981 of this

title.

Title V of Pub. L. 98-377, which enacted subchapter V of this

chapter, is known as ''Asbestos School Hazard Abatement Act of

1984'', see note set out under section 4011 of this title.

Title VIII of Pub. L. 98-377, which enacted subchapter VIII of

this chapter, is known as ''The Equal Access Act'', see note set

out under section 4071 of this title.

Title IX of Pub. L. 98-377, which enacted subchapter IX of this

chapter, is known as the ''Star Schools Program Assistance Act'',

see note set out under section 4081 of this title.

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20 USC Sec. 3902 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

-HEAD-

Sec. 3902. Definitions

-STATUTE-

For the purpose of this chapter -

(1) The term ''area vocational education school'' has the same

meaning given that term under section 2471(3) (FOOTNOTE 1) of

this title.. (FOOTNOTE 2)

(FOOTNOTE 1) See References in Text note below.

(FOOTNOTE 2) So in original.

(2) The term ''Director'' means the Director of the National

Science Foundation.

(3) The term ''elementary school'' has the same meaning given

that term under section 7801 of this title.

(4) The term ''Governor'' means the chief executive of a State.

(5) The term ''Foundation'' means the National Science

Foundation.

(6) The term ''institution of higher education'' has the same

meaning given that term by section 1001 of this title.

(7) The term ''local educational agency'' has the same meaning

given that term under section 7801 of this title.

(8) The term ''secondary school'' has the same meaning given

that term under section 198(a)(7) (FOOTNOTE 1) of the Elementary

and Secondary Education Act of 1965.

(9) The term ''Secretary'' means the Secretary of Education.

(10) The term ''State'' means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands, the Trust Territory of the

Pacific Islands, and the Northern Mariana Islands.

(11) The term ''State agency for higher education'' means the

State board of higher education or other agency or officer

primarily responsible for the State supervision of higher

education, or, if there is no such officer or agency, an officer

or agency designated for the purpose of this chapter (FOOTNOTE 1)

by the Governor or by State law.

(12) The term ''State educational agency'' has the meaning

given that term under section 7801 of this title.

-SOURCE-

(Pub. L. 98-377, Sec. 3, Aug. 11, 1984, 98 Stat. 1267; Pub. L.

99-159, title II, Sec. 221, Nov. 22, 1985, 99 Stat. 897; Pub. L.

105-244, title I, Sec. 102(a)(6)(F), Oct. 7, 1998, 112 Stat. 1618;

Pub. L. 107-110, title X, Sec. 1076(l)(1), Jan. 8, 2002, 115 Stat.

2092.)

-REFTEXT-

REFERENCES IN TEXT

Section 2471 of this title, referred to in par. (1), was omitted

in the general amendment of chapter 44 (Sec. 2301 et seq.) of this

title by Pub. L. 105-332, Sec. 1(b), Oct. 30, 1998, 112 Stat. 3076.

Section 198 of the Elementary and Secondary Education Act of

1965, referred to in par. (8), is section 198 of Pub. L. 89-10,

title I, as added by Pub. L. 95-561, title I, Sec. 101(a), Nov. 1,

1978, 92 Stat. 2198, which was classified to section 2854 of this

title prior to the general amendment of Pub. L. 89-10 by Pub. L.

100-297, Apr. 28, 1988, 102 Stat. 140. For definition of

''secondary school'', see section 7801 of this title.

This chapter, referred to in par. (11), was in the original

''this title'' and has been translated as if the reference was to

''this Act'' to reflect the probable intent of Congress inasmuch as

this section is not part of a title of Pub. L. 98-377.

-MISC2-

AMENDMENTS

2002 - Par. (3). Pub. L. 107-110, Sec. 1076(l)(1)(A), substituted

''7801 of this title'' for ''198(a)(7) of the Elementary and

Secondary Education Act of 1965''.

Par. (7). Pub. L. 107-110, Sec. 1076(l)(1)(B), substituted ''7801

of this title'' for ''198(a)(10) of the Elementary and Secondary

Education Act of 1965''.

Par. (12). Pub. L. 107-110, Sec. 1076(l)(1)(C), substituted

''7801 of this title'' for ''198(a)(17) of the Elementary and

Secondary Education Act of 1965''.

1998 - Par. (6). Pub. L. 105-244 substituted ''section 1001'' for

''section 1141(a)''.

1985 - Par. (1). Pub. L. 99-159 substituted reference to section

2471(3) of this title for reference to section 195(2) of the

Vocational Education Act of 1965.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

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.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

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20 USC SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE

AND ENGINEERING EDUCATION 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

.

-HEAD-

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

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20 USC Sec. 3911 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3911. Congressional declaration of policy

-STATUTE-

(a) The Congress declares that the science and engineering

education responsibilities of the National Science Foundation are -

(1) to improve the quality of instruction in the fields of

mathematics, science, and engineering;

(2) to support research, fellowships, teacher-faculty-business

exchange programs in mathematics, science, and engineering;

(3) to improve the quality and availability of instrumentation

for mathematics, science, and engineering instruction;

(4) to encourage partnerships in education between local and

State education agencies, business and industry, colleges and

universities, and cultural and professional institutions and

societies; and

(5) to improve the quality of education at all levels in the

fields of mathematics, science, and engineering.

(b) In exercising its responsibilities to strengthen scientific

and engineering research potential and science and engineering

education programs at all levels, the Foundation shall avoid undue

concentration of support for research and education activities.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 101, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 893.)

-MISC1-

PRIOR PROVISIONS

A prior section 3911, Pub. L. 98-377, title I, Sec. 101, Aug. 11,

1984, 98 Stat. 1268, related to grants for teacher institutes,

prior to the general revision of this subchapter by section 201 of

Pub. L. 99-159. See section 3913 of this title.

UNDERGRADUATE SCIENCE IMPROVEMENT

Pub. L. 100-570, title I, Sec. 112, Oct. 31, 1988, 102 Stat.

2870, provided that:

''(a) The Congress finds that the support of undergraduate

science and engineering education is a critical component in a

comprehensive national policy intended to ensure the Nation's

future supply of scientists and engineers.

''(b) In accordance with the provisions of this Act (see Tables

for classification), the Foundation shall support undergraduate

science and engineering activities in instrumentation and

laboratory improvement, undergraduate faculty enhancement,

undergraduate research opportunities, undergraduate curriculum

development, and efforts to encourage the participation of women,

minorities, and the disabled in such fields.

''(c) In carrying out the provisions of this section, the

Foundation shall take into account the special needs of two-year

and four-year colleges and universities.''

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20 USC Sec. 3912 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3912. Functional objectives; uses of funds

-STATUTE-

(a) In carrying out its science and engineering education

responsibilities, the Foundation shall have the following

functional objectives: public understanding of science and

technology, faculty enhancement, student education and training,

instructional development and instrumentation, and materials

development and dissemination.

(b) Funds under this subchapter shall, consistent with such

functional objectives, be used for -

(1) enhancement of public understanding of science and

engineering through informal education activities using a variety

of mediums such as broadcasting, museums, clubs, and amateur

science societies;

(2) development of new science and engineering faculty

resources and talents;

(3) enhancement of the quality of science and engineering

instruction in colleges of teacher education;

(4) development of four-year college faculty and instructors in

high technology fields;

(5) development of two-year community college faculty and

instructors especially in high technology fields;

(6) development of precollege mathematics, science and

engineering education and training;

(7) encouragement of potential students, including

underrepresented and underserved populations, to pursue careers

in mathematics, science, engineering, and critical foreign

languages;

(8) development of instructional instrumentation and systems

for postsecondary technical, engineering, and scientific

education; and

(9) development of science, engineering, and education networks

to aid in the development and dissemination of successful

curricula, methods, and materials.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 102, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 894.)

-MISC1-

PRIOR PROVISIONS

A prior section 3912, Pub. L. 98-377, title I, Sec. 102, Aug. 11,

1984, 98 Stat. 1268, related to submission, contents, etc., of

applications, prior to the general revision of this subchapter by

section 201 of Pub. L. 99-159.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3916 of this title.

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20 USC Sec. 3913 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3913. Teacher institutes

-STATUTE-

(a) Authorization to make competitive grants; covered institutions,

businesses, etc.; purpose

The Foundation shall, in accordance with the provisions of this

subchapter, make competitive grants to institutions of higher

education, businesses, nonprofit private organizations (including

schools), local education agencies, professional engineering and

scientific associations, museums, libraries, public broadcasting

entities (as defined in section 397(11) of title 47), and

appropriate State agencies to support institutes and workshops for

supervisors and teachers in public and private elementary and

secondary schools for the purpose of improving the subject

knowledge and teaching skills of such teachers in the areas of

mathematics and science.

(b) Equitable distribution of grants; awards in each State

In making grants under this section, the Foundation shall assure

that there is an equitable distribution among States of institutes

established and operated with funds made available under this

section. The Foundation shall award not less than one institute in

each State, except that the Foundation may waive this requirement

if there is no proposal from a State which meets the requirements

of this subchapter. Proposals which exceed $300,000 in any fiscal

year incorporating the services or resources of more than two

entities in the design and operation of the institute, may be

funded at the discretion of the Director of the Foundation.

(c) Cooperation of advanced technology businesses and other

businesses

Institutes assisted under this subchapter may, to the extent

possible, involve the cooperation of advanced technology businesses

and other businesses which are able to supply assistance in the

teaching of mathematics and science.

(d) Requirement of involvement in planning and development

In making grants under this subchapter, the Foundation shall

require assurances that local education agencies will be involved

in the planning and development of the institute in the case of

applications submitted by other eligible applicants described in

subsection (a) of this section, or that one or more such applicants

will be involved in the planning and development of the institute

in the case of applications submitted by State or local education

agencies.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 103, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 894.)

-MISC1-

PRIOR PROVISIONS

A prior section 3913, Pub. L. 98-377, title I, Sec. 113, Aug.,

11, 1984, 98 Stat. 1269, related to distribution of assistance and

limitation on grants, prior to the general revision of this

subchapter by section 201 of Pub. L. 99-159. See subsec. (b) of

this section.

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20 USC Sec. 3914 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3914. Materials development and methods research for

mathematics, science, and engineering

-STATUTE-

(a) Authorization to award competitive grants; covered

institutions, businesses, etc.; purposes

The Foundation is authorized, in accordance with the provisions

of this subchapter, to award competitive grants to institutions of

higher education, businesses, nonprofit private organizations,

local education agencies, professional engineering and scientific

associations, museums, libraries, public broadcasting entities (as

defined in section 397(11) of title 47), and appropriate State

agencies -

(1) for instructional curriculum improvement and faculty

development in mathematics, science, and engineering;

(2) for programs designed to enhance public understanding of

mathematics, science, and engineering, including the use of

public broadcasting entities; and

(3) for research on methods of instruction and educational

programs in mathematics, science, engineering, and critical

foreign languages.

(b) Scope of studies

Studies conducted under subsection (a)(3) of this section may

include -

(1) teaching and learning research and its application to local

and private sector instructional materials development and to

improved teacher training programs;

(2) research on the use of local and informal science education

activities;

(3) research on recruitment, retention, and improvement of

mathematics, science, engineering, and critical languages

faculties; and

(4) analysis of materials and methods for mathematics, science,

and engineering education used in other countries and their

potential application in the United States.

(c) Matching grant requirements

Funds awarded for such competitive grants shall be expended

through a system requiring matching of the grant. The minimum

amount required as a match shall be equal to a percentage of the

grant that is determined by the Foundation. Funds made available

for matching purposes may include in-kind services or other

resources.

(d) Materials or methods research application requirements

In making grant applications for materials or methods research

for the purposes described in subsections (a)(1) and (a)(3) of this

section, the Foundation shall assure the involvement of appropriate

State or local education agencies in the case of applications

submitted by other entities described in subsection (a) of this

section, or that one or more of such other entities will be

consulted in the case of applications submitted by State or local

education agencies.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 104, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 895.)

-MISC1-

PRIOR PROVISIONS

A prior section 3914, Pub. L. 98-377, title I, Sec. 114, Aug. 11,

1984, 98 Stat. 1269, related to cooperation with business concerns,

prior to the general revision of this subchapter by section 201 of

Pub. L. 99-159. See section 3913(c) of this title.

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20 USC Sec. 3915 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3915. Graduate fellowships

-STATUTE-

The Foundation is authorized, in accordance with the provisions

of this subchapter, to establish and carry out a program of

graduate fellowships for the purpose of encouraging and assisting

promising students to continue their education and research in

mathematics, science, and engineering.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 105, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 896.)

-MISC1-

PRIOR PROVISIONS

A prior section 3915, Pub. L. 98-377, title I, Sec. 115, Aug. 11,

1984, 98 Stat. 1269, related to special consideration for

applications meeting the needs of underrepresented and underserved

populations, prior to the general revision of this subchapter by

section 201 of Pub. L. 99-159. See section 3919 of this title.

-CITE-

20 USC Sec. 3916 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3916. Other functional activities

-STATUTE-

(a) The Foundation is authorized to expend up to 15 per centum of

the funds available for science and engineering education for

applications which the Foundation determines will meet one or more

of the functional objectives described in section 3912(b) of this

title.

(b) Such programs may include a program for the exchange of

mathematics, science, or engineering faculty between institutions

of higher education (particularly institutions having nationally

recognized research facilities) and eligible institutions. For the

purposes of this section, the term ''eligible institution'' means

an institution of higher education which -

(1) has an enrollment which includes a substantial percentage

of students who are members of a minority group, or who are

economically or educationally disadvantaged; or

(2) is located in a community that is not within commuting

distance of a major institution of higher education; and

(3) demonstrates a commitment to meet the special educational

needs of students who are members of a minority group or are

economically or educationally disadvantaged.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 106, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 896.)

-CITE-

20 USC Sec. 3917 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3917. Repealed. Pub. L. 104-66, title II, Sec. 2141(a), Dec.

21, 1995, 109 Stat. 731

-MISC1-

Section, Pub. L. 98-377, title I, Sec. 107, as added Pub. L.

99-159, title II, Sec. 201, Nov. 22, 1985, 99 Stat. 896; amended

Pub. L. 103-437, Sec. 7(c), Nov. 2, 1994, 108 Stat. 4588, related

to developing and annual update of a strategic plan for science and

engineering education.

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20 USC Sec. 3918 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3918. Approval of proposals

-STATUTE-

The Foundation shall adopt approval procedures designed to assure

that awards are made on the basis of the scientific and educational

merit as determined by the peer review process. To the maximum

extent possible, the Foundation shall assure that there is an

equitable distribution of resources with respect to institutions

and geographical areas.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 108, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 896.)

-CITE-

20 USC Sec. 3919 01/06/03

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TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3919. Special consideration of underrepresented and

underserved population

-STATUTE-

In providing financial assistance under this subchapter, the

Foundation shall make every effort to ensure that consideration is

given to proposals which contain provisions designed to meet the

needs of underrepresented and underserved populations.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 109, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 897.)

-CITE-

20 USC Sec. 3920 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3920. Availability of funds

-STATUTE-

Funds to carry out this subchapter for any fiscal year shall be

made available from amounts appropriated pursuant to annual

authorizations of appropriations for the National Science

Foundation for Science and Engineering Education. For fiscal year

1986, funds to carry out this subchapter shall be available from

amounts authorized by section 102(a)(8) of the National Science

Foundation Authorization Act for fiscal year 1986.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 110, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 897.)

-REFTEXT-

REFERENCES IN TEXT

Section 102(a)(8) of the National Science Foundation

Authorization Act for fiscal year 1986, referred to in text, is

section 102(a)(8) of Pub. L. 99-159, title I, Nov. 22, 1985, 99

Stat. 887, which is not classified to the Code.

-CITE-

20 USC Sec. 3921 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3921. Prohibition against the Federal control of education

-STATUTE-

The provisions of section 1232a (FOOTNOTE 1) of this title,

relating to prohibition against Federal control of education, shall

apply to each program and award authorized by this subchapter.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 111, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 897.)

-REFTEXT-

REFERENCES IN TEXT

Section 1232a of this title, referred to in text, was in the

original a reference to section 432 of the General Education

Provisions Act. Sections 425 and 432 of that Act were renumbered as

sections 432 and 438, respectively, by Pub. L. 103-382, title II,

Sec. 212(b)(1), Oct. 20, 1994, 108 Stat. 3913, and are classified

to sections 1231b-2 and 1232a, respectively, of this title.

-MISC2-

PRIOR PROVISIONS

A prior section 3921, Pub. L. 98-377, title I, Sec. 121, Aug. 11,

1984, 98 Stat. 1269, related to programs authorized for mathematics

and science education development, prior to the general revision of

this subchapter by section 201 of Pub. L. 99-159. See section 3914

of this title.

-CITE-

20 USC Sec. 3922 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER I - NATIONAL SCIENCE FOUNDATION SCIENCE AND ENGINEERING

EDUCATION

-HEAD-

Sec. 3922. Participation of teachers from private schools

-STATUTE-

The Foundation shall, after consultation with appropriate private

school representatives, make provision for the benefit of teachers

in private elementary and secondary schools in the programs

authorized by this subchapter, in order to assure equitable

participation of such teachers.

-SOURCE-

(Pub. L. 98-377, title I, Sec. 112, as added Pub. L. 99-159, title

II, Sec. 201, Nov. 22, 1985, 99 Stat. 897.)

-MISC1-

PRIOR PROVISIONS

Prior sections 3922 to 3954 were omitted in the general revision

of this subchapter by section 201 of Pub. L. 99-159.

Prior section 3922, Pub. L. 98-377, title I, Sec. 122, Aug. 11,

1984, 98 Stat. 1269, related to requirements, contents, etc., for

applications and defined ''eligible applicant''.

Prior section 3923, Pub. L. 98-377, title I, Sec. 123, Aug. 11,

1984, 98 Stat. 1270, related to special consideration for

applications meeting the needs of underrepresented and underserved

populations. See section 3919 of this title.

Prior section 3931, Pub. L. 98-377, title I, Sec. 132, Aug. 11,

1984, 98 Stat. 1270, related to establishment, etc., of the merit

scholarship program.

Prior section 3932, Pub. L. 98-377, title I, Sec. 133, Aug. 11,

1984, 98 Stat. 1271, related to criteria, etc., for selection of

merit scholars.

Prior section 3933, Pub. L. 98-377, title I, Sec. 134, Aug. 11,

1984, 98 Stat. 1271, related to amount of stipends and conditions

for scholarships.

Prior section 3941, Pub. L. 98-377, title I, Sec. 141, Aug. 11,

1984, 98 Stat. 1272, related to authority, etc., of the Director to

make grants, to enter into contracts, and to conduct programs from

discretionary funds. See section 3916 of this title.

Prior section 3951, Pub. L. 98-377, title I, Sec. 161, Aug. 11,

1984, 98 Stat. 1272, related to the administrative authorities of

the Foundation and reporting requirements.

Prior section 3952, Pub. L. 98-377, title I, Sec. 162, Aug. 11,

1984, 98 Stat. 1273, related to participation of teachers from

private schools. See section 3922 of this title.

Prior section 3953, Pub. L. 98-377, title I, Sec. 163, Aug. 11,

1984, 98 Stat. 1273, related to prohibition against Federal control

of education. See section 3921 of this title.

Prior section 3954, Pub. L. 98-377, title I, Sec. 164, Aug. 11,

1984, 98 Stat. 1273, related to authorization of appropriations for

purposes of former provisions. See section 3920 of this title.

-CITE-

20 USC SUBCHAPTER II - EDUCATION FOR ECONOMIC SECURITY 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER II - EDUCATION FOR ECONOMIC SECURITY

.

-HEAD-

SUBCHAPTER II - EDUCATION FOR ECONOMIC SECURITY

-CITE-

20 USC Sec. 3961 to 3973 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER II - EDUCATION FOR ECONOMIC SECURITY

-HEAD-

Sec. 3961 to 3973. Repealed. Pub. L. 100-297, title II, Sec. 2303,

Apr. 28, 1988, 102 Stat. 324

-MISC1-

Section 3961, Pub. L. 98-377, title II, Sec. 201, Aug. 11, 1984,

98 Stat. 1273, related to purpose of subchapter.

Section 3962, Pub. L. 98-377, title II, Sec. 202, Aug. 11, 1984,

98 Stat. 1274, defined ''junior or community college''.

Section 3963, Pub. L. 98-377, title II, Sec. 203, Aug. 11, 1984,

98 Stat. 1274; Pub. L. 99-159, title II, Sec. 222(a), Nov. 22,

1985, 99 Stat. 897; Pub. L. 100-418, title VI, Sec. 6005, Aug. 23,

1988, 102 Stat. 1471, related to program authorized.

Section 3964, Pub. L. 98-377, title II, Sec. 204, Aug. 11, 1984,

98 Stat. 1274; Pub. L. 99-159, title II, Sec. 223, Nov. 22, 1985,

99 Stat. 897, related to allotment to States.

Section 3965, Pub. L. 98-377, title II, Sec. 205, Aug. 11, 1984,

98 Stat. 1275; Pub. L. 99-159, title II, Sec. 222(b), Nov. 22,

1985, 99 Stat. 897, related to in-State apportionment.

Section 3966, Pub. L. 98-377, title II, Sec. 206, Aug. 11, 1984,

98 Stat. 1275; Pub. L. 99-159, title II, Sec. 224, Nov. 22, 1985,

99 Stat. 898, related to elementary and secondary education

programs.

Section 3967, Pub. L. 98-377, title II, Sec. 207, Aug. 11, 1984,

98 Stat. 1277; Pub. L. 99-159, title II, Sec. 225, Nov. 22, 1985,

99 Stat. 899, related to higher education programs.

Section 3968, Pub. L. 98-377, title II, Sec. 208, Aug. 11, 1984,

98 Stat. 1278; Pub. L. 99-159, title II, Sec. 226, Nov. 22, 1985,

99 Stat. 899, related to State assessments of mathematics, science,

foreign languages, and computer learning.

Section 3969, Pub. L. 98-377, title II, Sec. 209, Aug. 11, 1984,

98 Stat. 1279; Pub. L. 99-159, title II, Sec. 227, Nov. 22, 1985,

99 Stat. 899, related to State applications.

Section 3970, Pub. L. 98-377, title II, Sec. 210, Aug. 11, 1984,

98 Stat. 1280; Pub. L. 99-159, title II, Sec. 228, Nov. 22, 1985,

99 Stat. 900, related to local educational agency assessments.

Section 3971, Pub. L. 98-377, title II, Sec. 211, Aug. 11, 1984,

98 Stat. 1281; Pub. L. 99-159, title II, Sec. 228A, Nov. 22, 1985,

99 Stat. 900, related to participation of children and teachers

from private nonprofit schools.

Section 3972, Pub. L. 98-377, title II, Sec. 212, Aug. 11, 1984,

98 Stat. 1281; Pub. L. 99-159, title II, Sec. 229, Nov. 22, 1985,

99 Stat. 900, related to Secretary's discretionary fund for

programs of national significance.

Section 3973, Pub. L. 98-377, title II, Sec. 213, Aug. 11, 1984,

98 Stat. 1282; Pub. L. 99-159, title II, Sec. 230, Nov. 22, 1985,

99 Stat. 900, related to payments.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1988, see section 6303 of Pub. L.

100-297, set out as an Effective Date of 1988 Amendment note under

section 1071 of this title.

-CITE-

20 USC SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR

MATHEMATICS, SCIENCE, AND ENGINEERING 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

.

-HEAD-

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

-CITE-

20 USC Part A - Higher Education Partnerships 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

.

-HEAD-

Part A - Higher Education Partnerships

-CITE-

20 USC Sec. 3981 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

-HEAD-

Sec. 3981. Statement of purpose

-STATUTE-

It is the purpose of this part to supplement State and local

resources to -

(1) improve the quality of instruction in the fields of

mathematics, science, and engineering in the State;

(2) furnish additional resources and support for research,

student scholarships, and faculty exchange programs in the fields

of mathematics, science, and engineering; and

(3) encourage partnerships in education between the business

community, institutions of higher education, and elementary and

secondary schools in the community.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 302, Aug. 11, 1984, 98 Stat. 1283;

Pub. L. 100-418, title VI, Sec. 6031(b)(2), Aug. 23, 1988, 102

Stat. 1483.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''part'' for ''subchapter'' in

introductory text.

SHORT TITLE

Section 301 of Pub. L. 98-377, as amended by Pub. L. 100-418,

title VI, Sec. 6031(b)(2), Aug. 23, 1988, 102 Stat. 1483, provided

that: ''This part (part A (Sec. 301-309) of title III of Pub. L.

98-377 enacting this part) may be cited as the 'Partnerships in

Education for Mathematics, Science, and Engineering Act'.''

-CITE-

20 USC Sec. 3982 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

-HEAD-

Sec. 3982. Definitions

-STATUTE-

As used in this part -

(1) the term ''applicant'' means with respect to activities

described in section 3984(a) of this title an institution of

higher education and the other participants described in

paragraph (3) of section 3984(a) of this title, and with respect

to activities described in section 3984(b) of this title a local

educational agency and the other participants described in

paragraph (3) of section 3984(b) of this title;

(2) the term ''equipment'' includes machinery, utilities, and

built-in equipment and any necessary enclosures or structures to

house them, and includes all other items necessary for the

functioning of a particular facility as a facility for the

provision of educational services, including items such as

instructional equipment and necessary furniture, printed,

published, and audio-visual instructional materials, and books,

periodicals, documents, and other related materials; and

(3) the term ''State agency for higher education'' means the

State board of higher education or other agency or officer

primarily responsible for the State supervision of higher

education, or if there is no such officer or agency, an officer

or agency designated by the Governor or by State law.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 303, Aug. 11, 1984, 98 Stat. 1283;

Pub. L. 99-159, title II, Sec. 232, Nov. 22, 1985, 99 Stat. 900;

Pub. L. 100-418, title VI, Sec. 6031(b)(2), Aug. 23, 1988, 102

Stat. 1483.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''part'' for ''subchapter'' in

introductory text.

1985 - Pub. L. 99-159 struck out pars. (3), (4), and (5) which

defined ''Foundation'', ''institution of higher education'', and

''States'', respectively, and redesignated par. (6) as (3).

-CITE-

20 USC Sec. 3983 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

-HEAD-

Sec. 3983. Program authorized

-STATUTE-

(a) Authority of Secretary

The Secretary is authorized, in accordance with the provisions of

this part, to make grants to applicants to pay the Federal share of

the costs of the activities described in section 3984 of this

title.

(b) Authorization of appropriations

There are authorized to be appropriated $50,000,000 for each of

the fiscal years 1986 and 1987. There are authorized to be

appropriated to carry out the provisions of this part $15,000,000

for fiscal year 1989 and such sums as may be necessary for each of

the fiscal years 1990, 1991, 1992, and 1993.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 304, Aug. 11, 1984, 98 Stat. 1284;

Pub. L. 99-159, title II, Sec. 231, 233, Nov. 22, 1985, 99 Stat.

900, 901; Pub. L. 100-297, title II, Sec. 2301, Apr. 28, 1988, 102

Stat. 319; Pub. L. 100-418, title VI, Sec. 6031(b)(2), Aug. 23,

1988, 102 Stat. 1483.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''part'' for ''subchapter''

wherever appearing.

Subsec. (b). Pub. L. 100-297 substituted ''1986 and 1987'' for

''1986, 1987, and 1988, to carry out the provisions of this

subchapter'' and inserted provision authorizing appropriations to

carry out provisions of this part of $15,000,000 for fiscal year

1989 and such sums as may be necessary for each of the fiscal years

1990, 1991, 1992, and 1993.

1985 - Subsec. (a). Pub. L. 99-159, Sec. 231, substituted

''Secretary'' for ''Foundation''.

Subsec. (b). Pub. L. 99-159, Sec. 233, amended subsec. (b)

generally, substituting authorizations of $50,000,000 for each of

the fiscal years 1986, 1987, and 1988, for authorizations of

$30,000,000 for fiscal year 1984 and $60,000,000 for fiscal year

1985.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L.

100-297, see section 6303 of Pub. L. 100-297, set out as a note

under section 1071 of this title.

-CITE-

20 USC Sec. 3984 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

-HEAD-

Sec. 3984. Authorized activities

-STATUTE-

(a) Higher education partnership in education programs and

activities; eligible applicants

(1) An applicant may use payments received under this part in any

fiscal year for higher education programs and activities described

in this subsection.

(2) Grants under this subsection may be used for partnership in

education programs -

(A) for the improvement of instruction in mathematics, science,

computer science, and engineering education at the postsecondary

level;

(B) for awarding scholarships to students at institutions of

higher education in the fields of mathematics, science, computer

science, and engineering;

(C) for the operation of faculty exchange programs by the

institutions of higher education and business concerns within the

State;

(D) for research in the fields of mathematics, science,

computer science, and engineering;

(E) for the acquisition, rehabilitation, and renovation of

equipment and instrumentation for use in instruction in the

fields of mathematics, science, computer science, and

engineering; and

(F) to promote public understanding of science, mathematics,

and computer science.

(3) Education partnerships under this subsection may include

institutions of higher education, business concerns, nonprofit

private organizations, local educational agencies, professional

mathematic and scientific associations, museums, libraries,

educational television stations, and if the State so desires,

appropriate State agencies.

(b) Elementary and secondary partnership in education programs and

activities; eligible applicants

(1) An applicant may use payments received under this part in any

fiscal year for programs and activities described in this

subsection.

(2) A local educational agency may carry out an elementary and

secondary school partnership in education program under which -

(A) elementary and secondary school teachers in the schools of

local educational agencies who teach mathematics, science, or

computer science are made available to local business concerns

and business concerns with establishments located in the

community to serve in such concerns or establishments;

(B) personnel of local business concerns and business concerns

with establishments located in the community serve as

consultants, lecturers, teaching assistants, or teachers of

mathematics, science, or computer science in the elementary and

secondary schools within the State;

(C) training and retraining is furnished to elementary and

secondary school teachers of mathematics, science, and computer

science under a cooperative arrangement between the State or

local educational agency and appropriate business concerns;

(D) secondary school students observe, participate, and work in

local business concerns and business concerns with establishments

located in the community; and

(E) computer clubs and extracurricular activities involving

modern technologies are established in elementary and secondary

schools.

(3) Partnerships under this subsection may include local

educational agencies, business concerns, nonprofit private

organizations, institutions of higher education, professional

mathematic and scientific associations, museums, libraries,

educational television stations, and, if the State so desires,

appropriate State agencies.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 305, Aug. 11, 1984, 98 Stat. 1284;

Pub. L. 100-418, title VI, Sec. 6031(b)(2), Aug. 23, 1988, 102

Stat. 1483.)

-MISC1-

AMENDMENTS

1988 - Subsecs. (a)(1), (b)(1). Pub. L. 100-418 substituted

''part'' for ''subchapter'' wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3982, 3983, 3986 of this

title.

-CITE-

20 USC Sec. 3985 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

-HEAD-

Sec. 3985. Application

-STATUTE-

(a) Requirements; terms, assurances, and conditions

Any applicant which desires to receive a grant under this part

shall submit an application approved under section 3986 of this

title to the Secretary, at such time, in such manner, and

accompanied by such additional information as the Secretary may

reasonably require. Each such application shall -

(1) describe the activities for which assistance under this

part is sought;

(2) provide assurances that not more than 5 per centum of the

amount received by the applicant in any fiscal year may be

expended on administrative expenses;

(3) with respect to each program for which assistance is

sought, provide assurances that -

(A) 30 per centum of the funds for each such project will be

furnished by business concerns within the community;

(B) 20 per centum of the funds will be supplied by -

(i) the State,

(ii) the institution of higher education or the local

educational agency, as the case may be, participating in the

program; and

(iii) the other parties participating in the program;

(C) no stipend will be paid directly to employees of a

profitmaking business concern; and

(D) teachers participating in the exchange program may not be

employed by the participating business concern with which the

teacher served within three years after the end of the exchange

program unless the teacher repays the full cost of the exchange

program to the State and local educational agency, as the case

may be; and

(4) provide assurances that whenever the program for which

assistance is sought includes scholarships, the scholarships be

awarded to undergraduate students at institutions of higher

education within the State who wish to pursue a course of study

in mathematics or science, engineering or computer science, and

that each student awarded a scholarship under this part will

receive a stipend which shall not exceed the cost of tuition at

the institution of higher education plus a stipend of not to

exceed $750 for each academic year of study for which the

scholarship is awarded;

(5) set forth policies and procedures to assure that whenever

the application includes a local educational agency, to the

extent consistent with the number and location of children in the

school district of such agency who are enrolled in private

elementary and secondary schools, provision is made for the

participation of such children in the program assisted under this

part;

(6) provide assurances that consideration is given to programs

and activities designed to meet the needs of underrepresented and

underserved populations;

(7) provide assurances that in the consideration of

applications submitted under section 3986(a) of this title that

equitable consideration is given to applications submitted by

private and public institutions of higher education; and

(8) provide such additional assurances as the Secretary

determines essential to ensure compliance with the requirements

of this part.

(b) Regional joint application

A regional consortium of applicants in two or more States may

file a joint application under the provisions of subsection (a) of

this section.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 306, Aug. 11, 1984, 98 Stat. 1285;

Pub. L. 99-159, title II, Sec. 231, Nov. 22, 1985, 99 Stat. 900;

Pub. L. 100-418, title VI, Sec. 6031(b)(2), Aug. 23, 1988, 102

Stat. 1483.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-418 substituted ''part'' for

''subchapter'' wherever appearing.

1985 - Subsec. (a). Pub. L. 99-159 substituted ''Secretary'' for

''Foundation'' in two places in provisions preceding par. (1) and

in par. (8).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3986 of this title.

-CITE-

20 USC Sec. 3986 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

-HEAD-

Sec. 3986. Submission of applications

-STATUTE-

Each applicant within a State which desires to receive a grant

under this part shall submit the application prepared in accordance

with section 3985 of this title to the State agency on (FOOTNOTE 1)

higher education or the State educational agency, as the case may

be, for approval and shall submit the approved application to the

Secretary under section 3985 of this title. Each such application

shall be submitted jointly by the local educational agency in the

case of activities described in section 3984(a) of this title, or

an institution of higher education in the case of activities

described in section 3984(b) of this title, and each business

concern or other party that is to participate in the program for

which assistance is sought.

(FOOTNOTE 1) So in original. Probably should be ''for''.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 307, Aug. 11, 1984, 98 Stat. 1286;

Pub. L. 99-159, title II, Sec. 231, Nov. 22, 1985, 99 Stat. 900;

Pub. L. 100-418, title VI, Sec. 6031(b)(2), Aug. 23, 1988, 102

Stat. 1483.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''part'' for ''subchapter''.

1985 - Pub. L. 99-159 substituted ''Secretary'' for

''Foundation''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3985 of this title.

-CITE-

20 USC Sec. 3987 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

-HEAD-

Sec. 3987. Approval of applications

-STATUTE-

(a) Criteria; consistency of applications with State plans

(1) The Secretary shall establish criteria for approval of

applications under this part.

(2) No application may be approved by the Secretary unless the

State educational agency or the State agency for higher education,

as the case may be, determines that the application is consistent

with State plans for elementary and secondary education or State

plans for higher education, as the case may be, in the State.

(b) Procedures for equitable distribution of grants among States

The Secretary shall adopt approval procedures designed to assure

that there is equitable distribution of grants among the States.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 308, Aug. 11, 1984, 98 Stat. 1286;

Pub. L. 99-159, title II, Sec. 231, Nov. 22, 1985, 99 Stat. 900;

Pub. L. 100-418, title VI, Sec. 6031(b)(2), Aug. 23, 1988, 102

Stat. 1483.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a)(1). Pub. L. 100-418 substituted ''part'' for

''subchapter''.

1985 - Pub. L. 99-159 substituted ''Secretary'' for

''Foundation'' in pars. (1) and (2) of subsec. (a) and in subsec.

(b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3988 of this title.

-CITE-

20 USC Sec. 3988 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part A - Higher Education Partnerships

-HEAD-

Sec. 3988. Payments; Federal share; limitation

-STATUTE-

(a) Federal and non-Federal shares

(1) The Secretary shall pay, to each applicant having an

application approved under section 3987 of this title, the Federal

share of the cost of the program described in the application.

(2) The Federal share for each fiscal year shall be 50 per

centum.

(3) The non-Federal share of payments under this part may be in

cash or in kind, fairly evaluated, including plant, equipment, or

services.

(b) Fiscal year State limitation

Not more than 15 per centum of the funds appropriated under this

part in any fiscal year may be paid to applicants in any single

State.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 309, Aug. 11, 1984, 98 Stat. 1286;

Pub. L. 99-159, title II, Sec. 231, Nov. 22, 1985, 99 Stat. 900;

Pub. L. 100-418, title VI, Sec. 6031(b)(2), Aug. 23, 1988, 102

Stat. 1483.)

-MISC1-

AMENDMENTS

1988 - Subsecs. (a)(3), (b). Pub. L. 100-418 substituted ''part''

for ''subchapter''.

1985 - Subsec. (a)(1). Pub. L. 99-159 substituted ''Secretary''

for ''Foundation''.

-CITE-

20 USC Part B - Elementary and Secondary Education

Partnerships 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

.

-HEAD-

Part B - Elementary and Secondary Education Partnerships

-CITE-

20 USC Sec. 3991 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

-HEAD-

Sec. 3991. Purpose

-STATUTE-

It is the purpose of this part to supplement State and local

resources to -

(1) improve the quality of instruction in the fields of

mathematics and science in elementary and secondary schools;

(2) furnish additional resources and support for the

acquisition of equipment, and instructional and reference

materials and improvement of laboratory facilities in elementary

and secondary schools; and

(3) encourage partnerships in science and mathematics education

between the business community, museums, libraries, professional

mathematics and scientific associations, private nonprofit

organizations, appropriate State agencies and elementary and

secondary schools.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 321, as added Pub. L. 100-418,

title VI, Sec. 6031(a)(2), Aug. 23, 1988, 102 Stat. 1479.)

-MISC1-

CLUBS FOR BOYS AND GIRLS INTERESTED IN SCIENCE; AUTHORIZATION OF

APPROPRIATIONS; PURPOSES; PERSONNEL AND FACILITIES

Pub. L. 85-875, Sept. 2, 1958, 72 Stat. 1700, provided: ''That in

order to strengthen future scientific accomplishment in our Nation

by assisting in the development of a body of boys and girls with a

special interest in science, there is hereby authorized to be

appropriated for the fiscal year ending June 30, 1959, and for each

fiscal year thereafter, such sums, not in excess of $50,000, as may

be necessary to enable the Commissioner of Education (now Secretary

of Education) to encourage, foster, and assist in the establishment

in localities throughout the Nation of clubs which are composed of

boys and girls who have an especial interest in science.

''Sec. 2. (a) The Commissioner of Education (now Secretary of

Education) shall carry out his duties under the first section with

a view to the ultimate chartering by the Congress of a Corporation,

similar to the Future Farmers of America, which will seek to -

''(1) develop an interest in science on the part of the young

people of America,

''(2) provide an opportunity for the exchange of scientific

information and ideas among members of the clubs,

''(3) encourage the promotion of science fairs at which members

of the clubs may display their scientific works and projects, and

''(4) develop an awareness of the satisfactions to be derived

through a career devoted to science.

''(b) The Commissioner of Education (now Secretary of Education)

may utilize any of the personnel and facilities of the Office of

Education (now Department of Education) in carrying out this Act.''

-CITE-

20 USC Sec. 3992 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

-HEAD-

Sec. 3992. Programs authorized

-STATUTE-

(a) Grants

The Secretary may make grants to States to pay the Federal share

of the cost of the programs described in section 3994 of this

title.

(b) Authorization of appropriations

There are authorized to be appropriated for purposes of carrying

out this part (FOOTNOTE 1) $20,000,000 for fiscal year 1988.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 322, as added Pub. L. 100-418,

title VI, Sec. 6031(a)(2), Aug. 23, 1988, 102 Stat. 1480.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in subsec. (b), was in the original ''this

chapter'' and was translated as reading ''this part'' to reflect

the probable intent of Congress because title III of Pub. L.

98-377, which comprises this subchapter, does not contain chapters.

-CITE-

20 USC Sec. 3993 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

-HEAD-

Sec. 3993. Amendment to State application

-STATUTE-

(a) Application

A State shall be eligible to receive a grant under this part if -

(1) the State submits to the Secretary as part of its

application under section 209 (FOOTNOTE 1) such information and

assurances as the Secretary may require at such time as the

Secretary shall establish; and

(FOOTNOTE 1) See References in Text note below.

(2) the Secretary approves such application.

(b) Application requirements

The Secretary shall require each application to include -

(1) a description of the State's procedures relating to the use

of funds from grants received under this part, including the

approval process for local applications;

(2) an assurance that not more than 1 percent of the amount

received shall be used for administrative expenses; and

(3) an assurance that the State will, to the extent possible,

assist local school districts in economically depressed areas to

obtain matching funds from business concerns.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 323, as added Pub. L. 100-418,

title VI, Sec. 6031(a)(2), Aug. 23, 1988, 102 Stat. 1480.)

-REFTEXT-

REFERENCES IN TEXT

Section 209, referred to in subsec. (a)(1), is section 209 of

Pub. L. 98-377, title II, Aug. 11, 1984, 98 Stat. 1279, as amended,

which was classified to section 3969 of this title prior to repeal

by Pub. L. 100-297, title II, Sec. 2303, Apr. 28, 1988, 102 Stat.

324.

-CITE-

20 USC Sec. 3994 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

-HEAD-

Sec. 3994. Eligible programs

-STATUTE-

(a) In general

A State may use funds from grants received in any fiscal year

under this part for elementary and secondary programs described in

this section. The State educational agency shall administer such

funds, which shall be awarded to such programs on a competitive

basis.

(b) Use of funds

Funds from grants received under this part may be used for the

following:

(1) Improvement of elementary and secondary resources

Such funds may be used for acquisition of equipment,

instructional and reference materials, and partnership in

education programs designed to -

(A) improve instruction in mathematics and science education

at the elementary and secondary level;

(B) improve laboratory facilities, classroom and library

resources in elementary and secondary mathematics and science

education; and

(C) attract matching dollars and in kind contributions of

equipment, learning resources or shared time from business

concerns, libraries, museums, nonprofit private organizations,

professional mathematics and scientific associations, and

appropriate State agencies.

(2) Advanced placement programs

(A) Such funds may be used for advanced placement programs

operated by local educational agencies that are designed to allow

qualified secondary students to attend college preparatory

schools, colleges, or universities on a part-time or full-time

basis with respect to science and mathematics instruction.

(B) A local educational agency that receives funds from a grant

under this part for an advanced placement program described in

subparagraph (A) shall allocate to such program a percentage of

funds received from the State on a per student basis according to

-

(i) the number of students participating in the program; and

(ii) the instruction time such students receive under the

program.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 324, as added Pub. L. 100-418,

title VI, Sec. 6031(a)(2), Aug. 23, 1988, 102 Stat. 1480.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3992, 3996 of this title.

-CITE-

20 USC Sec. 3995 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

-HEAD-

Sec. 3995. Local applications

-STATUTE-

(a) Eligibility

An applicant that desires to receive a grant under this part

shall submit an application to the State educational agency, at

such time, and in such manner, as the State may require. Such

application may take the form of an amendment to an assessment

submitted by the local educational agency under section 210,

(FOOTNOTE 1) if appropriate.

(FOOTNOTE 1) See References in Text note below.

(b) Requirements for application

The State shall require each application to include -

(1) a description of the activities for which assistance under

this part is sought;

(2) assurances that not more than 5 percent of the amount

received by the applicant in any fiscal year shall be expended on

administrative expenses;

(3) if the funds are to be used for improvement of elementary

and secondary resources as described in subsection (b)(1) of this

section -

(A) an estimate of the amount to be spent on equipment,

facilities improvement, library resources, and classroom

instructional material;

(B) an estimate of the number of elementary and secondary

students who will be aided by activities and expenditures under

the grant;

(C) assurances that -

(i) except as provided in subsection (c) of this section, a

minimum of 25 percent of the funds for each project will be

supplied by business concerns within the community;

(ii) no stipend shall be paid directly to employees of a

profitmaking business concern;

(iii) provision shall be made for the equitable

participation in the project of children who are enrolled in

private elementary and secondary schools; and

(iv) consideration will be given to programs and activities

designed to meet the needs of educationally disadvantaged and

other traditionally underserved populations; and

(4) if the funds are to be used for advanced placement programs

as described in subsection (b)(2) of this section, a commitment

as to the percentage of funds received from the State on a per

student basis that shall be used by the local educational agency

to defray costs of the advanced placement program.

(c) Waiver

The State may waive or reduce the amount of matching funds

required under subsection (b)(3)(C)(i) of this section if the State

determines that -

(1) substantial need exists in the area served by the applicant

for a grant under this part; and

(2) the required amount of matching funds cannot be made

available.

(d) Joint applications

A regional consortium of applicants in 2 or more local school

districts may file a joint application under subsection (a) of this

section.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 325, as added Pub. L. 100-418,

title VI, Sec. 6031(a)(2), Aug. 23, 1988, 102 Stat. 1481.)

-REFTEXT-

REFERENCES IN TEXT

Section 210, referred to in subsec. (a), is section 210 of Pub.

L. 98-377, title II, Aug. 11, 1984, 98 Stat. 1280, as amended,

which was classified to section 3970 of this title prior to repeal

by Pub. L. 100-297, title II, Sec. 2303, Apr. 28, 1988, 102 Stat.

324.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3996, 3998 of this title.

-CITE-

20 USC Sec. 3996 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

-HEAD-

Sec. 3996. Submission of applications

-STATUTE-

An applicant within a State that desires to receive a grant under

this part (FOOTNOTE 1) shall submit an application prepared in

accordance with section 3995 of this title to the State educational

agency for approval. Each application with respect to funds for

improvement of elementary and secondary resources under section

3994(b)(1) of this title shall be submitted jointly by the local

educational agency and each business concern or other party that is

to participate in the activities for which assistance is sought.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 326, as added Pub. L. 100-418,

title VI, Sec. 6031(a)(2), Aug. 23, 1988, 102 Stat. 1482.)

-REFTEXT-

REFERENCES IN TEXT

This part, referred to in text, was in the original ''this

chapter'' and was translated as reading ''this part'' to reflect

the probable intent of Congress because title III of Pub. L.

98-377, which comprises this subchapter, does not contain chapters.

-CITE-

20 USC Sec. 3997 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

-HEAD-

Sec. 3997. Approval of applications

-STATUTE-

(a) Criteria

The State shall establish criteria for approval of applications

under this section. Such criteria shall include -

(1) consideration of the local district's need for, and

inability to locally provide for, the activities, equipment,

library and instructional materials requested;

(2) the number and nature of elementary and secondary students

who will benefit from the planned program; and

(3) the expressed level of financial and in-kind commitment

from other parties to the program.

(b) Approval procedures

The State shall adopt approval procedures designed to ensure that

grants are equitably distributed among -

(1) rural, urban, and suburban areas; and

(2) small, medium, and large local educational agencies.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 327, as added Pub. L. 100-418,

title VI, Sec. 6031(a)(2), Aug. 23, 1988, 102 Stat. 1482.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3998 of this title.

-CITE-

20 USC Sec. 3998 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER III - PARTNERSHIPS IN EDUCATION FOR MATHEMATICS,

SCIENCE, AND ENGINEERING

Part B - Elementary and Secondary Education Partnerships

-HEAD-

Sec. 3998. Computation of grant amounts

-STATUTE-

(a) Payments to grantees

(1) Payment by State

The State shall pay to the extent of amounts received by it

from the Secretary under this part, to each applicant having an

application approved under section 3997 of this title, the

Federal share of the cost of the program described in the

application.

(2) Amount

(A) Except as provided in subparagraph (B), the Federal share

for each fiscal year shall be 75 percent.

(B) In the case of an applicant that receives a waiver under

section 3995(c) of this title, the Federal share for each fiscal

year may be as much as 100 percent.

(3) Non-Federal share

The non-Federal share of payments under this part may be in

cash or in kind, fairly evaluated, including plant, equipment, or

services.

(b) Payments to States

Except as provided in subsection (c) of this section, each State

shall receive under this part the greater of -

(1) an amount equal to its share of funds appropriated under

chapter 1 of the Education Consolidation and Improvement Act; or

(2) $225,000.

(c) Reduction for insufficient funding

If sums appropriated to carry out this part are not sufficient to

permit the Secretary to pay in full the grants which States may

receive under subsection (b) of this section, the amount of such

grants shall be ratably reduced.

-SOURCE-

(Pub. L. 98-377, title III, Sec. 328, as added Pub. L. 100-418,

title VI, Sec. 6031(a)(2), Aug. 23, 1988, 102 Stat. 1482.)

-REFTEXT-

REFERENCES IN TEXT

The Education Consolidation and Improvement Act, referred to in

subsec. (b)(1), probably means the Education Consolidation and

Improvement Act of 1981, which is subtitle D (Sec. 551 to 596) of

title V of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 463, as amended.

Chapter 1 of the Act was classified generally to subchapter I (Sec.

3801 et seq.) of chapter 51 of this title, prior to repeal by Pub.

L. 100-297, title I, Sec. 1003(a), Apr. 28, 1988, 102 Stat. 293.

For complete classification of this Act to the Code, see Tables.

-CITE-

20 USC SUBCHAPTER IV - PRESIDENTIAL AWARDS FOR TEACHING

EXCELLENCE IN MATHEMATICS AND SCIENCE 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER IV - PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN

MATHEMATICS AND SCIENCE

.

-HEAD-

SUBCHAPTER IV - PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN

MATHEMATICS AND SCIENCE

-CITE-

20 USC Sec. 4001 to 4003 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER IV - PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN

MATHEMATICS AND SCIENCE

-HEAD-

Sec. 4001 to 4003. Repealed. Pub. L. 100-297, title II, Sec. 2303,

Apr. 28, 1988, 102 Stat. 324

-MISC1-

Section 4001, Pub. L. 98-377, title IV, Sec. 401, Aug. 11, 1984,

98 Stat. 1287, related to Presidential awards.

Section 4002, Pub. L. 98-377, title IV, Sec. 402, Aug. 11, 1984,

98 Stat. 1287, related to administrative provisions.

Section 4003, Pub. L. 98-377, title IV, Sec. 403, Aug. 11, 1984,

98 Stat. 1287; Pub. L. 99-159, title II, Sec. 241, Nov. 22, 1985,

99 Stat. 901, related to authorization of appropriations.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1988, see section 6303 of Pub. L.

100-297, set out as an Effective Date of 1988 Amendment note under

section 1071 of this title.

-CITE-

20 USC SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

.

-HEAD-

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 15 section 2646.

-CITE-

20 USC Sec. 4011 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4011. Findings and purpose

-STATUTE-

(a) Findings

The Congress finds that -

(1) exposure to asbestos fibers has been identified over a long

period of time and by reputable medical and scientific evidence

as significantly increasing the incidence of cancer and other

severe or fatal diseases, such as asbestosis;

(2) medical evidence has suggested that children may be

particularly vulnerable to environmentally induced cancers;

(3) medical science has not established any minimum level of

exposure to asbestos fibers which is considered to be safe to

individuals exposed to the fibers;

(4) substantial amounts of asbestos, particularly in sprayed

form, have been used in school buildings, especially during the

period 1946 through 1972;

(5) partial surveys in some States have indicated that (A) in a

number of school buildings materials containing asbestos fibers

have become damaged or friable, causing asbestos fibers to be

dislodged into the air, and (B) asbestos concentration far

exceeding normal ambient air levels have been found in school

buildings containing such damaged materials;

(6) the presence in school buildings of friable or easily

damaged asbestos creates an unwarranted hazard to the health of

the school children and school employees who are exposed to such

materials;

(7) the Department of Health and Human Services and the

Environmental Protection Agency, as well as several States, have

attempted to publicize the potential hazards to school children

and employees from exposure to asbestos fibers, but there is no

systematic program for remedying hazardous conditions in schools;

(8) because there is no Federal health standard regulating the

concentration of asbestos fibers in noncommercial workplace

environments such as schools, school employees and students may

be exposed to hazardous concentrations of asbestos fibers in the

school buildings which they use each day;

(9) without a program of information distribution, technical

and scientific assistance, and financial support, many local

educational agencies and States will not be able to mitigate the

potential asbestos hazards in their schools; and

(10) the effective regulation of interstate commerce for the

protection of the public health requires the establishment of

programs under this subchapter to mitigate hazards from exposure

to asbestos fibers and materials emitting such fibers.

(b) Purpose

It is the purpose of this subchapter to -

(1) direct the Administrator of the Environmental Protection

Agency to establish a program to assist States and local

educational agencies to ascertain the extent of the danger to the

health of school children and employees from asbestos materials

in schools;

(2) provide continuing scientific and technical assistance to

State and local agencies to enable them to identify and abate

asbestos hazards in schools;

(3) provide financial assistance for the abatement of asbestos

threats to the health and safety of school children or employees;

and

(4) assure that no employee of any local educational agency

suffers any disciplinary action as a result of calling attention

to potential asbestos hazards which may exist in schools.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 502, Aug. 11, 1984, 98 Stat. 1287;

Pub. L. 101-637, Sec. 14(a)(2), (b)(1), (2), Nov. 28, 1990, 104

Stat. 4594, 4595.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-637, Sec. 14(a)(2), made technical amendment

to section catchline.

Subsecs. (a), (b). Pub. L. 101-637, Sec. 14(b)(1), (2), inserted

headings.

SHORT TITLE OF 1990 AMENDMENT

Section 1 of Pub. L. 101-637 provided that: ''This Act (enacting

section 2656 of Title 15, Commerce and Trade, amending this

section, sections 4012 to 4022 of this title, and sections 2643,

2646, and 2647 of Title 15, enacting provisions set out as notes

under this section and sections 2646 and 2656 of Title 15, and

amending provisions set out as a note under this section) may be

cited as the 'Asbestos School Hazard Abatement Reauthorization Act

of 1990'.''

SHORT TITLE

Section 501 of title V of Pub. L. 98-377, as amended by Pub. L.

101-637, Sec. 14(a)(1), Nov. 28, 1990, 104 Stat. 4594, provided

that: ''This title (enacting this subchapter) may be cited as the

'Asbestos School Hazard Abatement Act of 1984'.''

FINDINGS AND PURPOSES

Section 2 of Pub. L. 101-637 provided that:

''(a) Findings. - Congress finds the following:

''(1) The Environmental Protection Agency has estimated that

more than forty-four thousand school buildings contain friable

asbestos, exposing more than fifteen million school children and

one million five hundred thousand school employees to unwarranted

health hazards.

''(2) All elementary and secondary schools are required by the

Asbestos Hazard Emergency Response Act (of 1986, see Short Title

of 1986 Amendment note set out under section 2601 of Title 15,

Commerce and Trade) to inspect for asbestos, develop an asbestos

management plan, and implement such plan.

''(3) The Environmental Protection Agency has estimated it will

cost local education agencies more than $3,000,000,000 to comply

with the Asbestos Hazard Emergency Response Act.

''(4) Without a continuing program of information assistance,

technical and scientific assistance, training, and financial

support, many local educational agencies will be unable to carry

out sufficient response actions to prevent the release of

asbestos fibers into the air.

''(5) Without the provisions of sufficient financial support,

the cost to local educational agencies of implementing asbestos

response actions may have an adverse impact in their educational

mission.

''(6) The effective regulation of interstate commerce for the

protection of human health and the environment requires the

continuation of programs to mitigate hazards of asbestos fibers

and materials emitting such fibers.

''(b) Purposes. - The purposes of this Act (see Short Title of

1990 Amendment note above) are the following:

''(1) To direct the Environmental Protection Agency to maintain

a program to assist local schools in carrying out their

responsibilities under the Asbestos Hazard Emergency Response

Act.

''(2) To provide continuing scientific and technical assistance

to State and local agencies to enable them to identify and abate

asbestos health hazards.

''(3) To provide financial assistance to State and local

agencies for training of persons involved with inspections and

abatement of asbestos, for conducting necessary reinspections of

school buildings, and for the actual abatement of asbestos

threats to the health and safety of school children or employees.

''(4) To assure that no employee of a local educational agency

suffers any disciplinary action as a result of calling attention

to potential asbestos hazards which may exist in schools.''

-CITE-

20 USC Sec. 4012 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4012. Asbestos hazard abatement program

-STATUTE-

(a) Abatement program

There is hereby established a program within the Environmental

Protection Agency to be known as the Asbestos Hazards Abatement

Program (hereinafter in this subchapter referred to as

''Program'').

(b) Duties

The duties of the Administrator in implementing and effectuating

the Program shall include -

(1) the compilation of medical, scientific, and technical

information including, but not limited to -

(A) the health and safety hazards associated with asbestos

materials;

(B) the means of identifying, sampling, and testing materials

suspected of emitting asbestos fibers; and

(C) the means of abating the threat posed by asbestos and

asbestos containing materials;

(2) the distribution of the information described in paragraph

(1) (in any appropriate form such as pamphlets, reports, or

instructions) to State and local educational agencies and to

other institutions, including parent and employee organizations,

for the purpose of carrying out activities described in this

subchapter;

(3) not later than November 15 of each year for which this

subchapter is authorized, the development and distribution of

applications, or notifications to all local educational agencies

of the availability of application forms including information

for obtaining such forms; and

(4) the review of applications for financial assistance, and

the approval or disapproval of such applications, in accordance

with the provisions of section 4014 of this title.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 503, Aug. 11, 1984, 98 Stat. 1288;

Pub. L. 101-637, Sec. 4, 14(a)(3), (b)(3), (4), Nov. 28, 1990, 104

Stat. 4590, 4594, 4595.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-637, Sec. 14(a)(3), made technical amendment

to section catchline.

Subsec. (a). Pub. L. 101-637, Sec. 14(b)(3), inserted heading and

struck out par. (1) designation before ''There is hereby

established''.

Subsec. (b). Pub. L. 101-637, Sec. 14(b)(4), inserted heading.

Subsec. (b)(2). Pub. L. 101-637, Sec. 4(1), (2), substituted

''educational agencies'' for ''agencies'' and ''institutions,

including parent and employee organizations,'' for

''institutions''.

Subsec. (b)(3). Pub. L. 101-637, Sec. 4(3), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''the

development within forty-five days of August 11, 1984, of an

interim or final application form, which shall be distributed

promptly to local educational agencies; and''.

-CITE-

20 USC Sec. 4013 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4013. State records and priority lists

-STATUTE-

(a) Records

The Governor of each State shall maintain records on -

(1) the presence of asbestos materials in school buildings of

local educational agencies;

(2) the asbestos detection and abatement activities and other

response actions conducted by local educational agencies

(including activities relating to the replacement of the asbestos

materials removed from school buildings with other appropriate

building materials); and

(3) repairs made to restore school buildings to conditions

comparable to those which existed before the abatement activities

referred to in paragraph (2) were undertaken.

(b) Priority list

(1) Each year, in accordance with procedures established by the

Administrator, the Governor of each State shall:

(A) submit to the Administrator a priority list of all schools

under the authority of a local educational agency within the

State, without regard to the public or private nature of the

school involved, that are candidates for abatement activities and

other response actions; and

(B) forward to the Administrator for each candidate for

abatement activities and other response actions all applications

for financial assistance prepared by the local educational

agencies in accordance with the provisions of section 4014 of

this title; and (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should end with a period

instead of ''; and''.

(2) The priority list shall rank the potential candidates for

abatement action based on the nature and magnitude of the existing

and potential exposure presented by the asbestos materials.

(3) For each school listed, the Governor shall certify that the

statement of need contained in the application for assistance

accurately reflects the financial resources available to the local

educational agency for the asbestos abatement program.

(4) For the purpose of determining the adequacy of the financial

resources available to a local educational agency for the abatement

of asbestos threats the Governor shall, to the extent practicable,

consider the following:

(A) A measure of financial need used by the State in which the

local educational agency is located.

(B) The estimated per capita income of the locality of such

agency or of those directly or indirectly providing financial

support for such agency.

(C) The extent to which the local school millage rate falls

above or below (i) the millage rate average of the State and (ii)

the millage rate of other local educational agencies with

comparable enrollment, per capita income, and resource base.

(D) The ratio, expressed as a percentage, of the estimated cost

of the project to the total budget of the local educational

agency.

(E) The borrowing capacity of the local educational agency.

(F) Any additional costs to the local educational agency of

meeting the special needs of disadvantaged students.

(G) Any other factor that demonstrates that the local

educational agency has limited financial resources.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 504, Aug. 11, 1984, 98 Stat. 1289;

Pub. L. 101-637, Sec. 5, 14(a)(4), (b)(5), (6), Nov. 28, 1990, 104

Stat. 4590, 4594, 4595.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-637, Sec. 14(a)(4), substituted ''State

records and priority lists'' for ''State plans'' in section

catchline.

Subsec. (a). Pub. L. 101-637, Sec. 5(a)(1), 14(b)(5), inserted

heading and substituted ''The Governor of each State shall maintain

records on'' for ''Not later than three months after August 11,

1984, the Governor of each State shall submit to the Administrator

a plan which describes the procedures to be used by the State for

maintaining records on'' in introductory provisions.

Subsec. (a)(2). Pub. L. 101-637, Sec. 5(a)(2), (3), inserted

''and other response actions'' after ''abatement activities'' and

inserted ''and'' after semicolon at end.

Subsec. (a)(3). Pub. L. 101-637, Sec. 5(a)(4), substituted

''paragraph (2)'' for ''subparagraph (B)''.

Subsec. (b). Pub. L. 101-637, Sec. 14(b)(6)(A), inserted heading.

Subsec. (b)(1). Pub. L. 101-637, Sec. 5(b)(1), substituted ''Each

year, in accordance with procedures established by the

Administrator,'' for ''Not later than six months after August 11,

1984, and annually thereafter,'' in introductory provisions.

Subsec. (b)(1)(A). Pub. L. 101-637, Sec. 5(b)(2), (3),

14(b)(6)(B), substituted ''abatement activities and other response

actions'' for ''abatement'', struck out ''and the Secretary of the

Department of Education'' after ''submit to the Administrator'',

and inserted ''and'' after semicolon at end.

Subsec. (b)(1)(B). Pub. L. 101-637, Sec. 5(b)(2), 14(b)(6)(B),

(C), substituted ''abatement activities and other response

actions'' for ''abatement'', struck out ''section 4012(b)(3) of

this title and'' before ''section 4014'', and struck out ''and the

Secretary of the Department of Education'' after ''forward to the

Administrator''.

Subsec. (b)(1)(C). Pub. L. 101-637, Sec. 5(b)(4), struck out

subpar. (C) which read as follows: ''forward to the Secretary of

the Department of Education a copy of all information submitted to

the Administrator in accordance with subsection (b)(3) of this

section.''

Subsec. (b)(4)(C). Pub. L. 101-637, Sec. 14(b)(6)(D), inserted a

comma after ''per capita income''.

Subsec. (b)(4)(F), (G). Pub. L. 101-637, Sec. 5(c), added subpar.

(F) and redesignated former subpar. (F) as (G).

Subsec. (c). Pub. L. 101-637, Sec. 5(d), struck out subsec. (c)

which read as follows: ''Not later than nine months after the

submission of the plan described in subsection (a) of this section,

and each twelve months thereafter, the Governor shall submit to the

Administrator a report which describes the actions taken by the

State in accordance with its plan under such subsection.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4014 of this title.

-CITE-

20 USC Sec. 4014 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4014. Financial assistance

-STATUTE-

(a) Assistance Program

There is hereby established within the Environmental Protection

Agency an Asbestos Hazards Abatement Assistance Program

(hereinafter in this chapter referred to as the ''Assistance

Program''), which shall be administered in accordance with this

section.

(b) Application submission

(1) Applications for financial assistance shall be submitted by a

local educational agency to the Governor, or the Governor's

designee, who shall establish a priority list based on the criteria

of section 4013(b)(2) of this title.

(2) Pursuant to section 4013 of this title, the Governor shall

submit applications, together with the Governor's report and

priority list, to the Administrator who shall review and rank such

applications pursuant to subsection (c)(2) of this section and

propose financing pursuant to the criteria of section 4013(b)(4) of

this title. The Administrator shall approve or disapprove

applications for financial assistance no later than April 30 of

each year.

(c) Review of application

(1) The Administrator shall provide financial assistance on a

school-by-school basis to local educational agencies in accordance

with other provisions of this section to carry out projects for -

(A) abating the threat posed by materials containing asbestos

to the health and safety of children or employees;

(B) replacing the asbestos materials removed from school

buildings with other appropriate building materials; and

(C) restoring school buildings to conditions comparable to

those existing before abatement activities were undertaken

pursuant to this section.

(2) The Administrator shall review and list in priority order

applications for financial assistance. In ranking applications,

the Administrator shall consider -

(A) the priority assigned to the abatement program by the

Governor pursuant to section 4013(b)(2) of this title; and

(B)(i) the likelihood of release of asbestos fibers into a

school environment;

(ii) any other evidence of the risk caused by the presence of

asbestos including, but not limited to, situations in which there

is a substantial quantity of dry loose asbestos-containing

material on horizontal surfaces or asbestos-containing material

is substantially deteriorated or damaged, and there is

asbestos-containing material in an air plenum or in a high

traffic area, confined space, or within easy reach of a passerby;

(iii) the extent to which the corrective action proposed by the

applicant will reduce the exposure of school children and school

employees; and

(iv) the extent to which the corrective action proposed by the

applicant uses the least burdensome methods which protect human

health and the environment.

(3) In determining whether an applicant is eligible for

assistance, and the nature and amount of financial assistance, the

Administrator shall consider the financial resources available to

the applicant as certified by the Governor pursuant to section

4013(b)(4) of this title.

(d) Limitation

In no event shall financial assistance be provided under this

subchapter to an applicant if -

(1) the Administrator determines that such applicant has

resources adequate to support an appropriate asbestos materials

abatement program; or

(2) the applicant is not in compliance with title II of the

Toxic Substances Control Act (15 U.S.C. 2641 et seq.).

(e) Amount of loan or grant

(1) An applicant for financial assistance may be granted a loan

of up to 100 percent of the costs of an abatement program or, if

the Administrator determines the applicant is unable to undertake

and complete an asbestos materials abatement program with a loan,

such applicant may also receive a grant (alone or in combination

with a loan) not to exceed 50 percent of the total costs of

abatement, in the amount which the Administrator deems necessary.

(2) In approving any grant, the Administrator shall state with

particularity the reasons why the applicant is unable to undertake

and complete the abatement program with loan funds.

(f) Loan agreement

Loans under this section shall be made pursuant to agreements

which shall provide for the following:

(1) the loan shall not bear interest;

(2) the loan shall have a maturity period of not more than

twenty years (as determined by the Administrator) and shall be

repayable during such period at such times and in such amounts as

the Administrator may specify in the loan agreement;

(3) repayment shall be made to the Secretary of the Treasury

for deposit in the Asbestos Trust Fund established by section

4022 of this title; and

(4) such other terms and conditions that the Administrator

determines necessary to protect the financial interest of the

United States.

(g) Application requirements

(1) No financial assistance may be provided under this section

unless an application has been submitted to the Administrator in

accordance with such procedures as may be developed by the

Administrator.

(2) The Administrator shall not approve an application unless -

(A) the application contains such information as the

Administrator may require, including but not limited to

information describing -

(i) the nature and extent of the asbestos problem for which

the assistance is sought;

(ii) the asbestos content of the material to be abated;

(iii) the methods which will be used to abate the asbestos

materials;

(iv) the amount and type of financial assistance requested;

(v) a description of the financial resources of the local

educational agency; and

(vi) a justification for the type and amount of the financial

assistance requested.

(B) the application contains a certification that -

(i) the local educational agency has prepared and is

implementing an asbestos management plan, as required under

title II of the Toxic Substances Control Act (15 U.S.C. 2641 et

seq.); and

(ii) all activities to be conducted with the financial

assistance will be performed by individuals trained and

accredited in conformance with title II of the Toxic Substances

Control Act (15 U.S.C. 2641 et seq.) and regulations

promulgated under that title;

(C) the application contains assurances that the local

educational agency will furnish such information as is necessary

for the Administrator to make the report required by section 4016

of this title.

(3) No financial assistance may be provided by the Administrator

under this section for projects described in subsection (a)(2) of

this section on which abatement action was completed prior to

January 1, 1984.

(4) Except as provided in section 4021(b)(1) of this title, in

approving applications the Administrator shall provide assistance

to the local educational agencies having the highest priority among

applications being considered in order of ranking until the

appropriated funds are expended.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 505, Aug. 11, 1984, 98 Stat. 1290;

Pub. L. 99-519, Sec. 3(a), Oct. 22, 1986, 100 Stat. 2988; Pub. L.

100-368, Sec. 6(b), July 18, 1988, 102 Stat. 833; Pub. L. 101-637,

Sec. 6, 14(a)(5), (b)(7), (c)(1)-(4), Nov. 28, 1990, 104 Stat.

4591, 4594-4596.)

-REFTEXT-

REFERENCES IN TEXT

The Toxic Substances Control Act, referred to in subsecs. (d)(2)

and (g)(2)(B), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as

amended. Title II of the Act, as added by Pub. L. 99-519, Sec. 2,

Oct. 22, 1986, 100 Stat. 2970, is classified generally to

subchapter II (Sec. 2641 et seq.) of chapter 53 of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 2601 of Title 15

and Tables.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-637, Sec. 14(a)(5), made technical amendment

to section catchline.

Subsec. (a). Pub. L. 101-637, Sec. 14(b)(7)(A), inserted heading.

Subsec. (b). Pub. L. 101-637, Sec. 14(b)(7)(B), inserted heading.

Subsec. (b)(1). Pub. L. 101-637, Sec. 14(c)(1), struck out comma

after ''educational agency''.

Subsec. (b)(2). Pub. L. 101-637, Sec. 6(a)(1), (2), substituted

''the Governor shall submit applications,'' for ''applications

shall be submitted,'' and inserted ''The Administrator shall

approve or disapprove applications for financial assistance no

later than April 30 of each year.''

Subsec. (b)(3). Pub. L. 101-637, Sec. 6(a)(3), struck out par.

(3) which read as follows: ''Within sixty days of receipt of the

information described in section 4013(b)(1) of this title, the

Secretary of the Department of Education shall review such

information and, in the Secretary's discretion, provide to the

Administrator comments and recommendations based upon the needs of

local educational agencies for financial assistance. Within sixty

days of receipt of the Secretary's report, or expiration of the

time allowed for such report, the Administrator shall approve or

disapprove applications for financial assistance.''

Subsec. (c). Pub. L. 101-637, Sec. 14(b)(7)(C), inserted heading.

Subsec. (c)(2)(A). Pub. L. 101-637, Sec. 14(c)(2)(A), inserted

''and'' after semicolon at end.

Subsec. (c)(2)(B)(ii). Pub. L. 101-637, Sec. 14(c)(2)(B),

inserted a comma after ''confined space''.

Subsec. (c)(2)(B)(iv). Pub. L. 101-637, Sec. 14(c)(2)(B), which

directed the insertion of a comma after ''techniques'', could not

be executed because of the intervening amendment by Pub. L.

101-637, Sec. 6(b). See below.

Pub. L. 101-637, Sec. 6(b), substituted ''uses the least

burdensome methods which protect human health and the environment''

for ''is cost-effective compared to other techniques including

management of material containing asbestos''.

Subsec. (c)(3). Pub. L. 101-637, Sec. 6(c), substituted ''shall

consider the financial resources available to the applicant as

certified by the Governor pursuant to section 4013(b)(4) of this

title.'' for ''shall consider -

''(A) the financial resources available to the applicant as

certified by the Governor pursuant to section 4013(b)(4) of this

title; and

''(B) the report, if any, of the Secretary of Education

pursuant to section 4013(b)(5) of this title.''

Subsec. (d). Pub. L. 101-637, Sec. 6(d), inserted heading and

amended text generally. Prior to amendment, text read as follows:

''In no event shall financial assistance be provided under this

subchapter to an applicant if the Administrator determines that

such applicant has resources adequate to support an appropriate

asbestos materials abatement program. In making such a

determination, the Administrator may consult with the Secretary of

Education.''

Subsec. (e). Pub. L. 101-637, Sec. 14(b)(7)(D), inserted heading.

Subsec. (e)(1). Pub. L. 101-637, Sec. 14(c)(3), substituted

''percent'' for ''per centum'' in two places.

Subsec. (f). Pub. L. 101-637, Sec. 14(b)(7)(E), inserted heading.

Subsec. (f)(3). Pub. L. 101-637, Sec. 6(e), substituted ''for

deposit in the Asbestos Trust Fund established by section 4022 of

this title'' for ''for deposit in the general fund''.

Subsec. (g). Pub. L. 101-637, Sec. 14(b)(7)(F), inserted heading.

Subsec. (g)(1). Pub. L. 101-637, Sec. 6(f)(1), substituted ''in

accordance with such procedures as may be developed by the

Administrator'' for ''within the five-year period beginning on

August 11, 1984''.

Subsec. (g)(2)(B)(i), (ii). Pub. L. 101-637, Sec. 6(f)(2),

amended cls. (i) and (ii) generally. Prior to amendment, cls. (i)

and (ii) read as follows:

''(i) any employee engaged in an asbestos material abatement

program will be trained and equipped pursuant to section

4015(b)(2)(B) of this title; and

''(ii) no child or inadequately informed or protected school

employee will be permitted in the vicinity of any asbestos

abatement activity;''.

Subsec. (g)(3), (4). Pub. L. 101-637, Sec. 6(f)(3), 14(c)(4),

redesignated subpar. (B) appearing after par. (3) as par. (4),

inserted a comma after ''section 4021(b)(1) of this title'', and

struck out former par. (4) which read as follows:

''(A) No financial assistance may be provided under this section

to any school -

''(i) which uses any person who has not been accredited

pursuant to section 2646(b) or (c) of title 15, to carry out

activities described in section 2646(a) of title 15, or

''(ii) which uses any laboratory which has not been accredited

pursuant to section 2646(d) of title 15, to carry out activities

described in such section.

''(B) This paragraph shall apply to any financial assistance

provided under this section after October 22, 1986, for activities

performed after the following dates:

''(i) In the case of activities performed by persons, after the

date which is one year after October 22, 1986.

''(ii) In the case of activities performed by laboratories,

after the date which is 180 days after the date on which a

laboratory accreditation program is completed under section

2646(d) of title 15.''

1988 - Subsec. (g)(4)(B)(i). Pub. L. 100-368, Sec. 6(b)(1),

substituted reference to October 22, 1986, for reference to August

11, 1984.

Subsec. (g)(4)(B)(ii). Pub. L. 100-368, Sec. 6(b)(2), substituted

''section 2646(d) of title 15'' for ''subsection (d)''.

1986 - Subsec. (g)(4). Pub. L. 99-519 added par. (4).

FINANCIAL ASSISTANCE TO CARRY OUT INSPECTIONS FOR

ASBESTOS-CONTAINING MATERIAL

Section 4(b) of Pub. L. 99-519 provided that:

''(1) Notwithstanding section 505(c) of the Asbestos School

Hazard Abatement Act of 1984 (20 U.S.C. 4014(c)), for fiscal years

1988 and 1989 the Administrator shall provide financial assistance

under section 505 of such Act in the form of grants to States or

local educational agencies to carry out inspections for

asbestos-containing material in school buildings and preparation of

management plans for school buildings under this title (probably

means title II of the Toxic Substances Control Act, 15 U.S.C. 2641

et seq.).

''(2) Not more than 2 percent of any grant awarded to a State

pursuant to paragraph (1) may be used by the State for

administrative purposes. For purposes of the preceding sentence,

administrative purposes do not include salaries of persons who

inspect for asbestos-containing material or assist in the

preparation of management plans.

''(3) In determining which local educational agencies to approve

grants for, the Administrator shall take into account the financial

need of the agency. Of the amount available under the Asbestos

School Hazard Abatement Act of 1984 (20 U.S.C. 4011 et seq.) for

fiscal years 1988 and 1989, not more than 10 percent may be

obligated for the purposes described in this subsection.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4012, 4013, 4015, 4016,

4017, 4022 of this title; title 15 sections 2646, 2655.

-CITE-

20 USC Sec. 4015 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4015. Administrative provisions

-STATUTE-

(a) Regulations

The Administrator shall promulgate rules and regulations as

necessary to implement the authorities and requirements of this

subchapter.

(b) Procedures

The Administrator also shall establish procedures to be used by

local educational agencies, in programs for which financial

assistance is made available under section 4014 of this title, for

-

(1) abating asbestos materials in school buildings;

(2) replacing the asbestos materials removed from school

buildings with other appropriate building materials; and

(3) restoring such school buildings to conditions comparable to

those existing before asbestos containment or removal activities

were undertaken.

(c) Relationship to other laws

Nothing contained in this subchapter shall be construed,

interpreted, or applied to diminish in any way the level of

protection required under any other State or Federal worker

protection or other applicable laws.

(d) Other authority

In order to effectuate the purposes of this subchapter, the

Administrator may also adopt such other procedures, standards, and

regulations as the Administrator deems necessary, including -

(1) procedures for testing the level of asbestos fibers in

schools, including safety measures to be followed in conducting

such tests;

(2) standards for evaluating (on the basis of such tests) the

likelihood of the leakage of asbestos fibers into the school

environment; and

(3) periodic reporting with respect to the activities that have

taken place using funds loaned or granted under this subchapter.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 506, Aug. 11, 1984, 98 Stat. 1292;

Pub. L. 101-637, Sec. 7, 14(a)(6), (b)(8), (9), Nov. 28, 1990, 104

Stat. 4592, 4594, 4595.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-637 inserted section catchline.

Subsec. (a). Pub. L. 101-637, Sec. 14(b)(8), inserted heading.

Subsec. (b). Pub. L. 101-637, Sec. 7(2), added subsec. (b) and

struck out former subsec. (b) which read as follows: ''The

Administrator shall also establish -

''(1) procedures to be used by local educational agencies, in

programs for which financial assistance is made available under

section 4014 of this title for -

''(A) abating asbestos materials in school buildings;

''(B) replacing the asbestos materials removed from school

buildings with other appropriate building materials; and

''(C) restoring such school buildings to conditions

comparable to those existing before asbestos containment or

removal activities were undertaken; and

''(2) within ninety days, standards for determining -

''(A) which contractors are qualified to carry out the

activities referred to in paragraph (1), and

''(B) what training, equipment, protective clothing and other

information and material must be supplied to adequately advise

and protect school employees utilized to carry out the

activities in paragraph (1).

''(3) nothing contained in this subchapter shall be construed,

interpreted or applied to diminish in any way the level of

protection required under State or Federal worker protection

laws.''

Subsec. (c). Pub. L. 101-637, Sec. 7(2), added subsec. (c).

Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 101-637, Sec. 7(1), 14(b)(9), redesignated

subsec. (c) as (d), inserted heading, and inserted a comma after

''standards'' in introductory provisions.

-CITE-

20 USC Sec. 4016 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4016. Annual report

-STATUTE-

During each calendar year until 1999, the Administrator shall

prepare and submit, not later than June 1 of each year, to the

Committee on Environment and Public Works of the Senate and to the

Committee on Energy and Commerce of the House of Representatives a

report on the loan and grant program authorized by section 4014 of

this title.

(1) describe the number of applications received;

(2) describe the number of loans and grants made in the

preceding calendar year and specify each applicant for and

recipient of a loan or grant;

(3) specify the number of loan or grant applications which were

disapproved during the preceding calendar year and describe the

reasons for such disapprovals;

(4) describe the types of programs for which loans or grants

were made;

(5) specify the estimated total costs of such programs to the

recipients of loans or grants and specify the amount of loans or

grants made under the program authorized by this section; and

(6) estimate the number of schools still in need of assistance

and the amount of resources needed by such schools, categorized

by State, to abate all remaining asbestos hazards.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 507, Aug. 11, 1984, 98 Stat. 1293;

Pub. L. 101-637, Sec. 8, 14(a)(7), Nov. 28, 1990, 104 Stat. 4592,

4594.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-637, Sec. 14(a)(7), made technical amendment

to section catchline.

Pub. L. 101-637, Sec. 8(a), amended first sentence generally.

Prior to amendment, first sentence read as follows: ''During each

of the ten calendar years after 1984, the Administrator shall

prepare and submit not later than February 1 of each year a report

to the Committee on Environment and Public Works of the United

States Senate and the Committee on Energy and Commerce of the

United States House of Representatives on the loan and grant

program authorized by section 4014 of this title.''

Par. (6). Pub. L. 101-637, Sec. 8(b), inserted before period at

end ''and the amount of resources needed by such schools,

categorized by State, to abate all remaining asbestos hazards''.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce 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

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4014 of this title.

-CITE-

20 USC Sec. 4017 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4017. Recovery of costs

-STATUTE-

(a) Loan condition

(1) As a condition of the award of any financial assistance under

section 4014 of this title, the recipient of any such loan or grant

shall permit the United States to sue on behalf of such recipient

any person determined by the Attorney General to be liable to the

recipient for the costs of any activities undertaken by the

recipient under such section.

(2) The proceeds from any judgment recovered in any suit brought

by the United States under paragraph (1) (or, if the recipient

files a similar suit on its own behalf, the proceeds from a

judgment recovered by the recipient in such suit) shall be used to

repay to the United States, by deposit in the Asbestos Trust Fund

established by section 4022 of this title, to the extent that the

proceeds are sufficient to provide for such repayment, an amount

equal to the sum of -

(A) the amount (i) outstanding on any loan and (ii) of any

grant made to the recipient; and

(B) an amount equal to the interest which would have been

charged on such loan were the loan made by a commercial lender at

prevailing interest rates (as determined by the Administrator).

(b) Expeditious recovery

The Attorney General shall, where appropriate, proceed in an

expeditious manner to recover the amounts expended by the United

States to carry out this subchapter from the persons identified by

the Attorney General as being liable for such costs.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 508, Aug. 11, 1984, 98 Stat. 1293;

Pub. L. 101-637, Sec. 9, 14(a)(8), (b)(10), (11), (c)(5), Nov. 28,

1990, 104 Stat. 4592, 4594-4596.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-637, Sec. 14(a)(8), inserted section

catchline.

Subsec. (a). Pub. L. 101-637, Sec. 14(b)(10), inserted heading.

Subsec. (a)(1). Pub. L. 101-637, Sec. 14(c)(5), substituted

''section'' for ''sections'' after ''such''.

Subsec. (a)(2). Pub. L. 101-637, Sec. 9, inserted ''by deposit in

the Asbestos Trust Fund established by section 4022 of this

title,'' after ''repay to the United States,''.

Subsec. (b). Pub. L. 101-637, Sec. 14(b)(11), inserted heading.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4019, 4022 of this title.

-CITE-

20 USC Sec. 4018 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4018. Employee protection

-STATUTE-

No State or local educational agency receiving assistance under

this subchapter may discharge any employee or otherwise

discriminate against any employee with respect to the employee's

compensation, terms, conditions, or privileges of employment

because the employee has brought to the attention of the public

information concerning any asbestos problem in the school buildings

within the jurisdiction of such agency.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 509, Aug. 11, 1984, 98 Stat. 1294;

Pub. L. 101-637, Sec. 14(a)(9), Nov. 28, 1990, 104 Stat. 4594.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-637 inserted section catchline.

-CITE-

20 USC Sec. 4019 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4019. Affect on rights under other laws

-STATUTE-

Except as otherwise provided in section 4017 of this title,

nothing in this subchapter shall -

(1) affect the right of any party to seek legal redress in

connection with the purchase or installation of asbestos

materials in schools or any claim of disability or death related

to exposure to asbestos in a school setting; or

(2) affect the rights of any party under any other law.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 510, Aug. 11, 1984, 98 Stat. 1294;

Pub. L. 101-637, Sec. 14(a)(10), Nov. 28, 1990, 104 Stat. 4594.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-637 inserted section catchline.

-CITE-

20 USC Sec. 4020 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4020. Definitions

-STATUTE-

For purposes of this subchapter:

(1) The term ''asbestos'' means -

(A) chrysotile, amosite, or crocidolite; or

(B) in fibrous form, tremolite, anthophyllite, or actinolite.

(2) The term ''Attorney General'' means the Attorney General of

the United States.

(3) The term ''threat'' or ''hazard'' means that an asbestos

material is friable or easily damaged, or within reach of

students or employees or otherwise susceptible to damage

(including damage from water, vibration, or air circulation)

which could result in the dispersal of asbestos fibers into the

school environment.

(4) The term ''local educational agency'' means -

(A) any local educational agency as defined in section 7801

of this title; and

(B) the governing authority of any nonprofit elementary or

secondary school.

(5) The term ''nonprofit elementary or secondary school'' means

-

(A) any elementary or secondary school as defined in section

7801 of this title owned and operated by one or more nonprofit

corporations or associations no part of the net earnings of

which inures, or may lawfully inure, to the benefit of any

private shareholder or individual; and

(B) any school of any agency of the United States.

(6) The term ''school buildings'' means -

(A) structures suitable for use as classrooms, laboratories,

libraries, school eating facilities, or facilities used for the

preparation of food;

(B) any gymnasium or other facility which is specially

designed for athletic or recreational activities for an

academic course in physical education;

(C) other facilities used for the instruction of students,

for research, or for the administration of educational or

research programs; and

(D) maintenance, storage, or utility facilities essential to

the operation of the facilities described in subparagraphs (A)

through (C) of this paragraph.

(7) The term ''Administrator'' means the Administrator of the

Environmental Protection Agency, or the Administrator's designee.

(8) The term ''State'' means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands, the Northern Mariana Islands,

the Trust Territory of the Pacific Islands, and the Bureau of

Indian Affairs.

(9) The term ''response action'' has the meaning given such

term by section 2642(11) of title 15.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 511, Aug. 11, 1984, 98 Stat. 1294;

Pub. L. 101-637, Sec. 10, 14(a)(11), (c)(6), Nov. 28, 1990, 104

Stat. 4592, 4594, 4596; Pub. L. 103-382, title III, Sec. 394(c),

Oct. 20, 1994, 108 Stat. 4027; Pub. L. 107-110, title X, Sec.

1076(l)(2), Jan. 8, 2002, 115 Stat. 2092.)

-MISC1-

AMENDMENTS

2002 - Par. (4)(A). Pub. L. 107-110, Sec. 1076(l)(2)(A), which

directed amendment of subpar. (A) by substituting in the original

''9101'' for ''198(a)(10)'', was executed by substituting ''section

7801 of this title'' for ''section 8801 of this title'', to reflect

the probable intent of Congress and prior amendment by Pub. L.

103-382, Sec. 394(c)(1), which had substituted ''14101'' for

''198(a)(10)'' in the original. See 1994 Amendment note below.

Par. (5)(A). Pub. L. 107-110, Sec. 1076(l)(2)(B), which directed

amendment of subpar. (A) by substituting in the original ''9101''

for ''198(a)(7)'', was executed by substituting ''section 7801 of

this title'' for ''section 8801 of this title'', to reflect the

probable intent of Congress and prior amendment by Pub. L. 103-382,

Sec. 394(c)(2), which had substituted ''14101'' for ''198(a)(7)''

in the original. See 1994 Amendment note below.

1994 - Par. (4)(A). Pub. L. 103-382, Sec. 394(c)(1), substituted

''section 8801 of this title'' for ''section 198(a)(10) of the

Elementary and Secondary Education Act of 1965''.

Par. (5)(A). Pub. L. 103-382, Sec. 394(c)(2), substituted

''section 8801 of this title'' for ''section 198(a)(7) of the

Elementary and Secondary Education Act of 1965''.

1990 - Pub. L. 101-637, Sec. 14(a)(11), (c)(6)(A), inserted

section catchline and substituted ''this subchapter:'' for ''this

subchapter - ''.

Pars. (1), (2). Pub. L. 101-637, Sec. 14(c)(6)(B), (C),

substituted ''The'' for ''the'' at beginning and a period for

semicolon at end.

Par. (3). Pub. L. 101-637, Sec. 10(1), 14(c)(6)(B)-(D),

substituted ''The'' for ''the'' at beginning and a period for

semicolon at end, struck out ''each'' before ''reach of students'',

and inserted '', vibration,'' after ''damage from water''.

Par. (4). Pub. L. 101-637, Sec. 14(c)(6)(B), (C), substituted

''The'' for ''the'' at beginning and a period for semicolon at end.

Par. (5). Pub. L. 101-637, Sec. 14(c)(6)(E), which directed the

insertion of ''secondary'' before ''school'', was executed by

making the insertion in the introductory provisions to reflect the

probable intent of Congress.

Pub. L. 101-637, Sec. 14(c)(6)(B), (C), substituted ''The'' for

''the'' at beginning and a period for semicolon at end.

Pars. (6), (7). Pub. L. 101-637, Sec. 14(c)(6)(B), (C),

substituted ''The'' for ''the'' at beginning and a period for

semicolon at end.

Par. (8). Pub. L. 101-637, Sec. 14(c)(6)(B), substituted ''The''

for ''the'' at beginning.

Par. (9). Pub. L. 101-637, Sec. 10(2), added par. (9).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-CITE-

20 USC Sec. 4021 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4021. Authorization

-STATUTE-

(a) Amount; availability until expended

(1) There are hereby authorized to be appropriated for the

asbestos abatement program not more than $200,000,000 for each of

fiscal years 1991, 1992, 1993, 1994, and 1995. In addition, for

such purposes and for each of such fiscal years there are

authorized to be appropriated out of the Asbestos Trust Fund

established by section 4022 of this title such sums as are

contained in such trust fund in each of such fiscal years.

(2) The sums appropriated under this subchapter shall remain

available until expended.

(b) Minimum State amount; fiscal year obligation requirement;

reserved funds for administration and asbestos abatement

oriented program expenditures; appropriations out of Asbestos

Trust Fund

(1) A State with qualified applicants shall receive no less than

one-half of 1 per centum of the sums appropriated under this

subchapter or the total of the amounts requested by such

applicants, whichever is less. Those amounts available in each

fiscal year under this paragraph shall be obligated before the end

of that fiscal year. For the purposes of this paragraph the term

''State'' means each of the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Bureau of Indian

Affairs and, taken together, Guam, American Samoa, the Virgin

Islands, the Northern Mariana Islands, and the Trust Territory of

the Pacific Islands.

(2) Of those sums appropriated for the implementation of this

subchapter, not more than 5 percent may be reserved during each

fiscal year for the administration of this subchapter and for

programs including (but not limited to) the following:

(A) The establishment of training centers for contractors,

engineers, school employees, parents, and other personnel to

provide instruction, in accordance with title II of the Toxic

Substances Control Act (15 U.S.C. 2641 et seq.), on asbestos

assessment and abatement.

(B) The development and dissemination of abatement guidance

documents to assist in evaluation of potential hazards and the

determination of proper abatement programs.

(C) The development of rules and regulations regarding

inspection, reporting, and recordkeeping.

(D) The development of a comprehensive testing and technical

assistance program.

(3) Of those sums appropriated for any fiscal year for the

implementation of this subchapter, the Administrator may use not

more than 5 percent to provide grants to States for the following

purposes:

(A) Assisting local educational agencies in performing the

periodic reinspections and training activities required under

title II of the Toxic Substances Control Act (15 U.S.C. 2641 et

seq.).

(B) Establishing and maintaining programs to accredit personnel

performing asbestos inspections and response actions.

-SOURCE-

(Pub. L. 98-377, title V, Sec. 512, Aug. 11, 1984, 98 Stat. 1295;

Pub. L. 99-519, Sec. 4(a), Oct. 22, 1986, 100 Stat. 2989; Pub. L.

100-368, Sec. 6(a), July 18, 1988, 102 Stat. 833; Pub. L. 101-637,

Sec. 11, 14(a)(12), Nov. 28, 1990, 104 Stat. 4592, 4595.)

-REFTEXT-

REFERENCES IN TEXT

The Toxic Substances Control Act, referred to in subsec.

(b)(2)(A), (3)(A), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003,

as amended. Title II of the Act, as added by Pub. L. 99-519, Sec.

2, Oct. 22, 1986, 100 Stat. 2970, is classified generally to

subchapter II (Sec. 2641 et seq.) of chapter 53 of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 2601 of Title 15

and Tables.

-MISC2-

AMENDMENTS

1990 - Pub. L. 101-637, Sec. 14(a)(12), inserted section

catchline.

Subsec. (a)(1). Pub. L. 101-637, Sec. 11(a), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''There

are hereby authorized to be appropriated for the asbestos abatement

program not more than $50,000,000 for the fiscal year ending on

September 30, 1984, $50,000,000 for the fiscal year ending on

September 30, 1985, and $100,000,000 for each of the five

succeeding fiscal years. In addition, for such purposes there are

authorized to be appropriated out of the Asbestos Trust Fund

established by section 4022 of this title $25,000,000 for each of

fiscal years 1987, 1988, 1989, and 1990.''

Subsec. (b)(2). Pub. L. 101-637, Sec. 11(b), added par. (2) and

struck out former par. (2) which read as follows: ''Of those sums

appropriated for the implementation of this subchapter, up to 10

per centum shall be reserved during the fiscal year ending

September 30, 1984, and up to 5 per centum for the fiscal year

ending September 30, 1985, for the administration of this

subchapter and for programs including, but not limited to, the

following:

''(A) the establishment of a training center for contractors,

engineers, school employees, parents and other personnel to

provide instruction on asbestos assessment and abatement;

''(B) the development and dissemination of abatement guidance

documents to assist in evaluation of potential hazards, and the

determination of proper abatement programs;

''(C) the development of rules and regulations regarding

inspection, reporting and record-keeping; and

''(D) the development of a comprehensive testing and technical

assistance program.''

Subsec. (b)(3). Pub. L. 101-637, Sec. 11(b), added par. (3).

1988 - Pub. L. 100-368 moved last sentence (as added by Pub. L.

98-377) to end of subsec. (a)(1).

1986 - Pub. L. 99-519 inserted sentence at end authorizing

appropriations out of the Asbestos Trust Fund for years 1987, 1988,

1989, and 1990.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4014 of this title; title

15 section 2656.

-CITE-

20 USC Sec. 4022 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT

-HEAD-

Sec. 4022. Asbestos Trust Fund

-STATUTE-

(a) Creation of Trust Fund

There is established in the Treasury of the United States a trust

fund to be known as the ''Asbestos Trust Fund'', consisting of such

amounts as may be transferred or credited to such Trust Fund as

provided in this section.

(b) Transfers to Trust Fund

(1) Transfer

There are hereby transferred to the Asbestos Trust Fund amounts

equivalent to -

(A) amounts received in the Treasury on or after January 1,

1987, as repayments of loans made under section 4014 of this

title,

(B) amounts received as deposits from local educational

agencies under section 2647(a) of title 15, and

(C) amounts received as proceeds from any judgment recovered

in any suit brought pursuant to section 4017(a)(1) of this

title.

(2) Monthly transfers

The amounts transferred by paragraph (1) shall be transferred

at least monthly from the general fund of the Treasury to the

Asbestos Trust Fund on the basis of estimates made by the

Secretary of the Treasury of the amounts referred to in such

paragraph. Adjustments shall be made in the amounts subsequently

transferred to the extent prior estimates were more or less than

the amounts required to be transferred.

(c) Management of Trust Fund

(1) Investment

(A) In general

The Secretary of the Treasury shall invest such portion of

the Asbestos Trust Fund as is not, in his judgment, required to

meet current withdrawals. Such investments may be made only in

interest-bearing obligations of the United States and may be

acquired -

(i) on original issue at the issue price, or

(ii) by purchase of outstanding obligations at the market

price.

(B) Sale of obligations

Any obligation acquired by the Asbestos Trust Fund may be

sold by the Secretary of the Treasury at the market price.

(C) Interest on certain proceeds

The interest on, and the proceeds from the sale or redemption

of, any obligations held in the Asbestos Trust Fund shall be

credited to and form a part of the Trust Fund.

(2) Repealed. Pub. L. 104-66, title I, Sec. 1131(c), Dec. 21,

1995, 109 Stat. 725

(d) Expenditures from Asbestos Trust Fund

Amounts in the Asbestos Trust Fund shall be available, as

provided by appropriation Acts, only for purposes of carrying out

the Asbestos Hazards Abatement Assistance Program under section

4014 of this title.

(e) Authority to borrow

(1) In general

There are authorized to be appropriated to the Asbestos Trust

Fund, as repayable advances, $25,000,000 for each of fiscal years

1987, 1988, 1989, and 1990.

(2) Repayment of advances

(A) In general

Advances made under this subsection shall be repaid, and

interest on such advances shall be paid, to the general fund of

the Treasury when the Secretary determines that moneys are

available for such purposes in the Asbestos Trust Fund.

(B) Rate of interest

Interest on advances made under this subsection shall be at a

rate determined by the Secretary (as of the close of the

calendar month preceding the month in which the advance is

made) to be equal to the current average market yield on

outstanding marketable obligations of the United States with

remaining periods to maturity comparable to the anticipated

period during which the advance will be outstanding and shall

be compounded annually.

(f) Effective date

The amendments made by this section shall take effect on January

1, 1986.

-SOURCE-

(Pub. L. 99-519, Sec. 5, Oct. 22, 1986, 100 Stat. 2990; Pub. L.

101-637, Sec. 12, Nov. 28, 1990, 104 Stat. 4593; Pub. L. 104-66,

title I, Sec. 1131(c), Dec. 21, 1995, 109 Stat. 725.)

-COD-

CODIFICATION

Section was enacted as part of the Asbestos Hazard Emergency

Response Act of 1986, and not as part of the Asbestos School Hazard

Abatement Act of 1984 which comprises this subchapter nor as part

of the Education for Economic Security Act which comprises this

chapter.

-MISC3-

AMENDMENTS

1995 - Subsec. (c)(2). Pub. L. 104-66 struck out heading and text

of par. (2). Text read as follows: ''It shall be the duty of the

Secretary of the Treasury to hold the Asbestos Trust Fund and to

report to the Congress each year on the financial condition and the

results of the operations of the Trust Fund during the preceding

fiscal year and on its expected condition and operations during the

next 5 fiscal years.''

1990 - Subsec. (b)(1). Pub. L. 101-637, Sec. 12(a), substituted a

comma for ''as in effect on October 22, 1986, and'' in subpar. (A)

and '', and'' for period at end of subpar. (B), and added subpar.

(C).

Subsec. (d). Pub. L. 101-637, Sec. 12(b), struck out before

period at end ''as in effect on October 22, 1986''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4014, 4017, 4021 of this

title; title 15 section 2647.

-CITE-

20 USC SUBCHAPTER VI - EXCELLENCE IN EDUCATION PROGRAM 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VI - EXCELLENCE IN EDUCATION PROGRAM

.

-HEAD-

SUBCHAPTER VI - EXCELLENCE IN EDUCATION PROGRAM

-CITE-

20 USC Sec. 4031 to 4037 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VI - EXCELLENCE IN EDUCATION PROGRAM

-HEAD-

Sec. 4031 to 4037. Repealed. Pub. L. 100-297, title II, Sec. 2303,

Apr. 28, 1988, 102 Stat. 324

-MISC1-

Section 4031, Pub. L. 98-377, title VI, Sec. 602, Aug. 11, 1984,

98 Stat. 1295, related to statement of purpose.

Section 4032, Pub. L. 98-377, title VI, Sec. 603, Aug. 11, 1984,

98 Stat. 1296, related to definitions.

Section 4033, Pub. L. 98-377, title VI, Sec. 604, Aug. 11, 1984,

98 Stat. 1296; Pub. L. 99-159, title II, Sec. 251, Nov. 22, 1985,

99 Stat. 901; Pub. L. 99-425, title VII, Sec. 701, Sept. 30, 1986,

100 Stat. 977, related to school excellence awards.

Section 4034, Pub. L. 98-377, title VI, Sec. 605, Aug. 11, 1984,

98 Stat. 1296, related to selection of schools for awards.

Section 4035, Pub. L. 98-377, title VI, Sec. 606, Aug. 11, 1984,

98 Stat. 1298, related to amount and conditions of awards.

Section 4036, Pub. L. 98-377, title VI, Sec. 607, Aug. 11, 1984,

98 Stat. 1298, related to special school awards.

Section 4037, Pub. L. 98-377, title VI, Sec. 608, Aug. 11, 1984,

98 Stat. 1298, related to research, evaluation, dissemination, and

monitoring activities.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1988, see section 6303 of Pub. L.

100-297, set out as an Effective Date of 1988 Amendment note under

section 1071 of this title.

SHORT TITLE

Pub. L. 98-377, title VI, Sec. 601, Aug. 11, 1984, 98 Stat. 1295,

which provided that title VI of Pub. L. 98-377 was to be cited as

the ''Excellence in Education Act'', was repealed by Pub. L.

100-297, title II, Sec. 2303, Apr. 28, 1988, 102 Stat. 324.

-CITE-

20 USC SUBCHAPTER VII - MAGNET SCHOOLS ASSISTANCE 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VII - MAGNET SCHOOLS ASSISTANCE

.

-HEAD-

SUBCHAPTER VII - MAGNET SCHOOLS ASSISTANCE

-CITE-

20 USC Sec. 4051 to 4062 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VII - MAGNET SCHOOLS ASSISTANCE

-HEAD-

Sec. 4051 to 4062. Repealed. Pub. L. 100-297, title II, Sec. 2303,

Apr. 28, 1988, 102 Stat. 324

-MISC1-

Section 4051, Pub. L. 98-377, title VII, Sec. 701, Aug. 11, 1984,

98 Stat. 1299; Pub. L. 99-159, title II, Sec. 261, Nov. 22, 1985,

99 Stat. 901, related to authorization of appropriations.

Section 4052, Pub. L. 98-377, title VII, Sec. 702, Aug. 11, 1984,

98 Stat. 1299, related to eligibility requirements.

Section 4053, Pub. L. 98-377, title VII, Sec. 703, Aug. 11, 1984,

98 Stat. 1299; Pub. L. 99-159, title II, Sec. 262, Nov. 22, 1985,

99 Stat. 901, related to statement of purpose.

Section 4054, Pub. L. 98-377, title VII, Sec. 704, Aug. 11, 1984,

98 Stat. 1299, related to program authorization.

Section 4055, Pub. L. 98-377, title VII, Sec. 705, Aug. 11, 1984,

98 Stat. 1300, defined term ''magnet school''.

Section 4056, Pub. L. 98-377, title VII, Sec. 706, Aug. 11, 1984,

98 Stat. 1300; Pub. L. 99-159, title II, Sec. 263, Nov. 22, 1985,

99 Stat. 902, related to uses of funds.

Section 4057, Pub. L. 98-377, title VII, Sec. 707, Aug. 11, 1984,

98 Stat. 1300, related to applications and requirements.

Section 4058, Pub. L. 98-377, title VII, Sec. 708, Aug. 11, 1984,

98 Stat. 1301, related to special considerations in approving

applications.

Section 4059, Pub. L. 98-377, title VII, Sec. 709, Aug. 11, 1984,

98 Stat. 1301; Pub. L. 99-159, title II, Sec. 264, Nov. 22, 1985,

99 Stat. 902, related to prohibitions on use of grants.

Section 4060, Pub. L. 98-377, title VII, Sec. 710, Aug. 11, 1984,

98 Stat. 1301, related to limitation on payments.

Section 4061, Pub. L. 98-377, title VII, Sec. 711, Aug. 11, 1984,

98 Stat. 1301; Pub. L. 98-558, title VII, Sec. 702, Oct. 30, 1984,

98 Stat. 2900, related to payments.

Section 4062, Pub. L. 98-377, title VII, Sec. 712, Aug. 11, 1984,

98 Stat. 1302, related to withholding.

For similar provisions, see section 7201 et seq. of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1988, see section 6303 of Pub. L.

100-297, set out as an Effective Date of 1988 Amendment note under

section 1071 of this title.

-CITE-

20 USC SUBCHAPTER VIII - EQUAL ACCESS 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VIII - EQUAL ACCESS

.

-HEAD-

SUBCHAPTER VIII - EQUAL ACCESS

-CITE-

20 USC Sec. 4071 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VIII - EQUAL ACCESS

-HEAD-

Sec. 4071. Denial of equal access prohibited

-STATUTE-

(a) Restriction of limited open forum on basis of religious,

political, philosophical, or other speech content prohibited

It shall be unlawful for any public secondary school which

receives Federal financial assistance and which has a limited open

forum to deny equal access or a fair opportunity to, or

discriminate against, any students who wish to conduct a meeting

within that limited open forum on the basis of the religious,

political, philosophical, or other content of the speech at such

meetings.

(b) ''Limited open forum'' defined

A public secondary school has a limited open forum whenever such

school grants an offering to or opportunity for one or more

noncurriculum related student groups to meet on school premises

during noninstructional time.

(c) Fair opportunity criteria

Schools shall be deemed to offer a fair opportunity to students

who wish to conduct a meeting within its limited open forum if such

school uniformly provides that -

(1) the meeting is voluntary and student-initiated;

(2) there is no sponsorship of the meeting by the school, the

government, or its agents or employees;

(3) employees or agents of the school or government are present

at religious meetings only in a nonparticipatory capacity;

(4) the meeting does not materially and substantially interfere

with the orderly conduct of educational activities within the

school; and

(5) nonschool persons may not direct, conduct, control, or

regularly attend activities of student groups.

(d) Construction of subchapter with respect to certain rights

Nothing in this subchapter shall be construed to authorize the

United States or any State or political subdivision thereof -

(1) to influence the form or content of any prayer or other

religious activity;

(2) to require any person to participate in prayer or other

religious activity;

(3) to expend public funds beyond the incidental cost of

providing the space for student-initiated meetings;

(4) to compel any school agent or employee to attend a school

meeting if the content of the speech at the meeting is contrary

to the beliefs of the agent or employee;

(5) to sanction meetings that are otherwise unlawful;

(6) to limit the rights of groups of students which are not of

a specified numerical size; or

(7) to abridge the constitutional rights of any person.

(e) Federal financial assistance to schools unaffected

Notwithstanding the availability of any other remedy under the

Constitution or the laws of the United States, nothing in this

subchapter shall be construed to authorize the United States to

deny or withhold Federal financial assistance to any school.

(f) Authority of schools with respect to order, discipline,

well-being, and attendance concerns

Nothing in this subchapter shall be construed to limit the

authority of the school, its agents or employees, to maintain order

and discipline on school premises, to protect the well-being of

students and faculty, and to assure that attendance of students at

meetings is voluntary.

-SOURCE-

(Pub. L. 98-377, title VIII, Sec. 802, Aug. 11, 1984, 98 Stat.

1302.)

-MISC1-

SHORT TITLE

Section 801 of title VIII of Pub. L. 98-377 provided that: ''This

title (enacting this subchapter) may be cited as 'The Equal Access

Act'.''

-CITE-

20 USC Sec. 4072 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VIII - EQUAL ACCESS

-HEAD-

Sec. 4072. Definitions

-STATUTE-

As used in this subchapter -

(1) The term ''secondary school'' means a public school which

provides secondary education as determined by State law.

(2) The term ''sponsorship'' includes the act of promoting,

leading, or participating in a meeting. The assignment of a

teacher, administrator, or other school employee to a meeting for

custodial purposes does not constitute sponsorship of the

meeting.

(3) The term ''meeting'' includes those activities of student

groups which are permitted under a school's limited open forum

and are not directly related to the school curriculum.

(4) The term ''noninstructional time'' means time set aside by

the school before actual classroom instruction begins or after

actual classroom instruction ends.

-SOURCE-

(Pub. L. 98-377, title VIII, Sec. 803, Aug. 11, 1984, 98 Stat.

1303.)

-CITE-

20 USC Sec. 4073 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VIII - EQUAL ACCESS

-HEAD-

Sec. 4073. Severability

-STATUTE-

If any provision of this subchapter or the application thereof to

any person or circumstances is judicially determined to be invalid,

the provisions of the remainder of the subchapter and the

application to other persons or circumstances shall not be affected

thereby.

-SOURCE-

(Pub. L. 98-377, title VIII, Sec. 804, Aug. 11, 1984, 98 Stat.

1304.)

-CITE-

20 USC Sec. 4074 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER VIII - EQUAL ACCESS

-HEAD-

Sec. 4074. Construction

-STATUTE-

The provisions of this subchapter shall supersede all other

provisions of Federal law that are inconsistent with the provisions

of this subchapter.

-SOURCE-

(Pub. L. 98-377, title VIII, Sec. 805, Aug. 11, 1984, 98 Stat.

1304.)

-CITE-

20 USC SUBCHAPTER IX - STAR SCHOOLS PROGRAM 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER IX - STAR SCHOOLS PROGRAM

.

-HEAD-

SUBCHAPTER IX - STAR SCHOOLS PROGRAM

-CITE-

20 USC Sec. 4081 to 4086 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY

SUBCHAPTER IX - STAR SCHOOLS PROGRAM

-HEAD-

Sec. 4081 to 4086. Repealed. Pub. L. 103-382, title III, Sec. 364,

Oct. 20, 1994, 108 Stat. 3975

-MISC1-

Section 4081, Pub. L. 98-377, title IX, Sec. 902, as added Pub.

L. 100-297, title II, Sec. 2302, Apr. 28, 1988, 102 Stat. 320;

amended Pub. L. 102-103, title III, Sec. 301, Aug. 17, 1991, 105

Stat. 499, related to purpose of star schools program.

Section 4082, Pub. L. 98-377, title IX, Sec. 903, as added Pub.

L. 100-297, title II, Sec. 2302, Apr. 28, 1988, 102 Stat. 320;

amended Pub. L. 102-103, title III, Sec. 302, Aug. 17, 1991, 105

Stat. 499, authorized grants for telecommunications facilities and

equipment, instructional programming, and technical assistance.

Section 4083, Pub. L. 98-377, title IX, Sec. 904, as added Pub.

L. 100-297, title II, Sec. 2302, Apr. 28, 1988, 102 Stat. 321;

amended Pub. L. 102-103, title III, Sec. 303, Aug. 17, 1991, 105

Stat. 500, related to eligibility of telecommunications

partnerships for grants.

Section 4084, Pub. L. 98-377, title IX, Sec. 905, as added Pub.

L. 100-297, title II, Sec. 2302, Apr. 28, 1988, 102 Stat. 321;

amended Pub. L. 102-103, title III, Sec. 304, Aug. 17, 1991, 105

Stat. 501, related to applications for grants.

Section 4085, Pub. L. 98-377, title IX, Sec. 906, as added Pub.

L. 100-297, title II, Sec. 2302, Apr. 28, 1988, 102 Stat. 323,

related to dissemination of courses and materials under star

schools program.

Section 4085a, Pub. L. 98-377, title IX, Sec. 907, as added Pub.

L. 102-103, title III, Sec. 305(2), Aug. 17, 1991, 105 Stat. 502,

related to continuing eligibility for grants.

Section 4085b, Pub. L. 98-377, title IX, Sec. 908, as added Pub.

L. 102-103, title III, Sec. 305(2), Aug. 17, 1991, 105 Stat. 503;

amended Pub. L. 103-227, title IX, Sec. 961, Mar. 31, 1994, 108

Stat. 263, required independent evaluation of the star schools

program.

Section 4085c, Pub. L. 98-377, title IX, Sec. 909, as added Pub.

L. 102-103, title III, Sec. 305(2), Aug. 17, 1991, 105 Stat. 504,

authorized assistance for acquiring satellite time.

Section 4085d, Pub. L. 98-377, title IX, Sec. 910, as added Pub.

L. 102-103, title III, Sec. 305(2), Aug. 17, 1991, 105 Stat. 504,

authorized grants for dissemination and technical assistance to

State and local educational agencies.

Section 4086, Pub. L. 98-377, title IX, Sec. 911, formerly Sec.

907, as added Pub. L. 100-297, title II, Sec. 2302, Apr. 28, 1988,

102 Stat. 324; amended Pub. L. 102-73, title VIII, Sec. 802(c),

July 25, 1991, 105 Stat. 361; renumbered Sec. 911, Pub. L. 102-103,

title III, Sec. 305(1), Aug. 17, 1991, 105 Stat. 502, defined terms

used in this subchapter.

For similar provisions, see section 6891 et seq. of this title.

SHORT TITLE

Section 901 of title IX of Pub. L. 98-377, as added by Pub. L.

100-297, title II, Sec. 2302, Apr. 28, 1988, 102 Stat. 320,

provided that title IX of Pub. L. 98-377 (enacting this subchapter)

could be cited as the ''Star Schools Program Assistance Act'',

prior to repeal by Pub. L. 103-382, title III, Sec. 364, Oct. 20,

1994, 108 Stat. 3975.

-CITE-