Legislación
US (United States) Code. Title 20. Chapter 52: Education for economic security
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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
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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 Repealed.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 Repealed.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.
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(Pub. L. 98-377, Sec. 2, Aug. 11, 1984, 98 Stat. 1267.)
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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
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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.
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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
.
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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.
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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.)
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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.)
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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