20 U.S.C. § 3610 — Definitions

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, nothing in this chapter shall— (1) affect the right of any party to seek legal redress in connection with the purchase or in- stallation of asbestos materials in schools or any claim of disability or death related to ex- posure to asbestos in a school setting; or (2) affect the rights of any party under any other law. (Pub. L. 96–270, § 10, June 14, 1980, 94 Stat. 496.) § 3610. Definitions 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, that an asbestos material is, ac- cording to standards established by the Sec- retary, friable or easily damaged, or within easy reach of students or otherwise suscep- tible to damage (including damage from water or air circulation) which could result in the dispersal of asbestos fibers into the school en- vironment; (4) the term ‘‘local educational agency’’ means— (A) any local educational agency as de- fined in section 198(a)(10) 1 of the Elementary and Secondary Education Act of 1965; (B) the governing authority of any non- profit elementary or secondary school; (5) the term ‘‘nonprofit elementary or sec- ondary school’’ means— (A) any elementary or secondary school (as defined in section 198(a)(7) 1 of the Ele- mentary 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 pri- vate 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 class- rooms, laboratories, libraries, school eating facilities, or facilities used for the prepara- tion of food; (B) any gymnasium or other facility which is specially designed for athletic or rec- reational activities for an academic course in physical education; (C) other facilities used for the instruction of students, for research, or for the adminis- tration of educational or research programs; and (D) maintenance, storage, or utility facili- ties essential to the operation of the facili- ties described in subparagraphs (A) through (C) of this paragraph; (7) the term ‘‘Secretary’’ means the Sec- retary of Education, or his designee; (8) the term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, Amer- ican 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 De- partment 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. (Pub. L. 96–270, § 11, June 14, 1980, 94 Stat. 496.) Editorial Notes REFERENCES IN TEXT Section 198 of the Elementary and Secondary Edu- cation Act of 1965, referred to in pars. (4)(A), (5)(A), and (9), is section 198 of Pub. L. 89–10, title I, as added by Pub. L. 95–561, title I, § 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 definitions, see section 7801 of this title. Page 1193 TITLE 20—EDUCATION § 3701 1 See References in Text note below. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 3611. Authorization of appropriations (a) Sums available during obligation period for asbestos detection and asbestos hazards con- trol loan programs (1) There are authorized to be appropriated— (A) for the asbestos detection program under section 3604 of this title, for the fiscal year ending September 30, 1981, and for the suc- ceeding fiscal year, a total of not more than $22,500,000; and (B) for the asbestos hazards control loan pro- gram under section 3605 of this title, not more than $75,000,000 for the fiscal year ending Sep- tember 30, 1981, and $75,000,000 for the fiscal year ending September 30, 1982. (2) Sums appropriated under paragraph (1) of this subsection shall remain available for obli- gation until September 30, 1983. (b) Programs automatically eligible for contin- gent extension Programs under this chapter shall be consid- ered automatically eligible for the one-year con- tingent extension under section 1226a 1 of this title. (c) Greatest financial need as basis for approval of applications in case of insufficient funds If funds appropriated to carry out this chapter are insufficient to pay the total amount re- quired to make all the grants and loans author- ized under this chapter, the Secretary shall es- tablish criteria to be used in determining which applicants for grants or loans under this chapter have the greatest financial need for receiving funds under this chapter and shall make deter- minations regarding the approval of applica- tions for such grants or loans in accordance with such criteria. (d) Authority of Secretary dependent on specific appropriations Notwithstanding any other provision of this chapter, the authority of the Secretary to enter into agreements, or to make payments, under this chapter shall be effective for any fiscal year only to the extent or in such amounts as are provided in appropriation Acts. (Pub. L. 96–270, § 12, June 14, 1980, 94 Stat. 497.) Editorial Notes REFERENCES IN TEXT Section 1226a of this title, referred to in subsec. (b), was in the original a reference to section 414 of the General Education Provisions Act. Section 414 of that Act was renumbered as section 422 by Pub. L. 103–382, title II, § 212(b)(1), Oct. 20, 1994, 108 Stat. 3913, and is classified to section 1226a of this title. CHAPTER 50—NATIONAL CENTER FOR THE STUDY OF AFRO-AMERICAN HISTORY AND CULTURE Sec. 3701. National Afro-American History and Culture Commission. 3702. Organization of Commission. 3703. Omitted. § 3701. National Afro-American History and Cul- ture Commission (a) Establishment and membership There is established a commission to be known as the National Afro-American History and Culture Commission (hereinafter in this chapter referred to as the ‘‘Commission’’) which shall be composed of fifteen members, as speci- fied in section 3702 of this title. (b) Duties The Commission shall have the following du- ties: (1) The Commission shall be responsible for the development of a definitive plan for the construction and operation of the National Center for the Study of Afro-American History and Culture and shall submit the plan, to- gether with any recommendations for addi- tional legislation, to the President of the United States and the Congress not later than twenty-four months after October 10, 1980. The plan shall include, but not be limited to, iden- tification of— (A) the main objectives to be achieved by the establishment, development, and oper- ation of the National Center for the Study of Afro-American History and Culture; (B) the types of uses, both public and pri- vate, to be accommodated by such a center; (C) the criteria and recommendations for the design and appearance of such a center; (D) the proposed ownership and operation of the center; (E) the criteria and recommendations for interpretive, cultural, and educational pro- grams and uses of the center; (F) the areas where cooperative agree- ments might be developed between the cen- ter and Afro-American institutions, organi- zations, and universities to enhance their programs and projects relating to the knowl- edge, preservation, and presentation of the history and culture of Afro-Americans; (G) the estimates of costs, both public and private, for implementing the plan; and (H) the procedures to be used in imple- menting the plan. (2)(A) The Commission shall solicit subscrip- tions of funds from private and public sources to help meet the costs of carrying out its du- ties under this section; the costs of the con- struction, furnishing, and operation of the center; the costs of research programs and re- search staff positions, and reasonable adminis- trative costs which may include, subject to the availability of funds, payment to members of the Commission of travel expenses, includ- ing per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses