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20 U.S.C. § 3610 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(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 “imminent hazard to the health and safety” means, for purposes of [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim), that an asbestos material is, according to standards established by the Secretary, friable or easily damaged, or within easy reach of students or otherwise susceptible to damage (including damage from water 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 198(a)(10) 11 See References in Text note below. of the Elementary and Secondary Education Act of 1965;
(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 198(a)(7) 1 of the Elementary and Secondary Education Act of 1965) 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 recrea
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Source file: Laws/federal/codes/united-states-code/title-20/section-3610-definitions--942d0f5525.md
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Source location: Title 20, Chapter 49, § 3610; chapter-049-asbestos-school-hazard-detection-and-control.md
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For purposes of this chapter—
(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 “imminent hazard to the health and safety” means, for purposes of [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim), that an asbestos material is, according to standards established by the Secretary, friable or easily damaged, or within easy reach of students or otherwise susceptible to damage (including damage from water 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 198(a)(10) 11 See References in Text note below. of the Elementary and Secondary Education Act of 1965;
(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 198(a)(7) 1 of the Elementary and Secondary Education Act of 1965) 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 “Secretary” means the Secretary of Education, or his 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, the Bureau of Indian Affairs, and the Office of Overseas Schools of the Department of Defense; and
(9) the term “State educational agency” has the same meaning given such term by section 198(a)(17) 1 of the Elementary and Secondary Education Act of 1965.
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; administration; loans to local educational agencies for share of project costs; project criteria; increase in amount of loans**
(1) There is established within the Department of Education an Asbestos Hazards Control Loan Program (hereinafter in this chapter referred to as the “Loan Program”), which shall be administered by the Secretary in accordance with this section.
(2) The Secretary may make loans under this section to local educational agencies in an amount equal to 50 percent of the costs of carrying out projects for—
(A) the containment or removal of any materials containing asbestos in school buildings in which such materials pose an imminent hazard to the health and safety of children or employees;
(B) the replacement of the asbestos materials removed from school buildings with other appropriate building materials; and
(C) making repairs which the Secretary determines to be necessary to restore school buildings to conditions comparable to those existing before containment or removal activities were undertaken under subparagraph (A).
Loans may be made under this section only for projects affecting more than 2,500 square feet of surface and in which the asbestos material to be contained or removed consists of a minimum asbestos level, as determined by the Secretary under [section 3606(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606/a/2&num=0&edition=prelim).
(3) If the Secretary determines that an applicant has limited fiscal resources and would be unable to carry out the projects described in paragraph (2) without receiving a loan under this section for an amount greater than the amount permitted under such paragraph, the Secretary may increase the amount of the loan payabl
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3605
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Until Congress shall further provide for the government of the Trust Territory of the Pacific Islands, all executive, legislative, and judicial authority necessary for the civil administration of the Trust Territory shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize.
**(b)** The head of any department, corporation, or other agency of the executive branch of the Government may, upon the request of the Secretary of the Interior, extend to the Trust Territory of the Pacific Islands, with or without reimbursement, scientific, technical, and other assistance under any program administered by such agency, or extend to the Trust Territory any Federal program administered by such agency, if the assistance or program will promote the welfare of the Trust Territory, notwithstanding any provision of law under which the Trust Territory may otherwise be ineligible for the assistance or program: Provided, That the Secretary of the Interior shall not request assistance pursuant to this subsection that involves, in the aggregate, an estimated nonreimbursable cost in any one fiscal year in excess of $150,000: Provided further, That the cost of any program extended to the Trust Territory under this subsection shall be reimbursable out of appropriations authorized and made for the government of the Trust Territory pursuant to section 2 of this Act, as amended. The provisions of this subsection shall not apply to financial assistance under a grant-in-aid program.
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1681
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Federal law — U.S. Code and appendices · legal_authorities
Page 1192
TITLE 20—EDUCATION
§ 3608
1 See References in Text note below.
vailing interest rates (as determined by the
Secretary).
(b) Investigation and report by Attorney General
respecting feasibility of recovery of costs
from any person determined by Attorney
General to be liable
The Attorney General shall conduct an inves-
tigation to determine whether, by using all
available means, the United States should or
could recover, from any person determined by
the Attorney General to be liable for such costs,
the amounts expended by the United States to
carry out this chapter. Within one year after
June 14, 1980, the Attorney General shall submit
to the Congress a report containing the results
of the study, together with any appropriate rec-
ommendations.
(c) Expeditious proceedings by Attorney General
If the Attorney General determines in the re-
port under subsection (b) that the United States
should seek to recover the amounts expended by
the United States to carry out this chapter, the
Attorney General shall proceed in an expedi-
tious manner to recover such amounts from the
persons referred to in subsection (b).
(Pub. L. 96–270, § 8, June 14, 1980, 94 Stat. 495.)
§ 3608. Employee protection
No State or local educational agency receiving
assistance under this chapter may discharge any
employee or otherwise discriminate against any
employee with respect to the employee’s com-
pensation, terms, conditions, or privileges of
employment because the employee has brought
to the attention of the public information con-
cerning any asbestos problem in the school
buildings within the jurisdiction of such agency.
(Pub. L. 96–270, § 9, June 14, 1980, 94 Stat. 496.)
§ 3609. Retained rights
Except as otherwise provided in section 3607 of
this title,
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 3610
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