dreamproit/uscode huggingface dataset:
20 U.S.C. § 3508 (EDUCATION)
§ 3508. Department of Health and Human Services
(a) Redesignation of Department of Health, Education, and Welfare
The Department of Health, Education, and Welfare is hereby redesignated the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare or any other official of the Department of Health, Education, and Welfare is hereby redesignated the Secretary or official, as appropriate, of Health and Human Services.
(b) Reference to Department, Secretary, etc., of Health, Education, and Welfare deemed reference to Department, Secretary, etc., of Health and Human Services
Any reference to the Department of Health, Education, and Welfare, the Secretary of Health, Education, and Welfare, or any other official of the Department of Health, Education, and Welfare in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on May 4, 1980, shall be deemed to refer and apply to the Department of Health and Human Services or the Secretary of Health and Human Services, respectively, except to the extent such reference is to a function or office transferred to the Secretary or the Department under this chapter.
(Pub. L. 96–88, title V, § 509, Oct. 17, 1979, 93 Stat. 695; Pub. L. 107–217, § 6(b), Aug. 21, 2002, 116 Stat. 1304; Pub. L. 108–178, § 2(b)(2), Dec. 15, 2003, 117 Stat. 2640.)
heading: Codification
text: In subsec. (b), “May 4, 1980” substituted for “the effective date of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an Effective Date note under section 3401 of this title.
heading: Amendments
text: 2003—Subsec. (b). Pub. L. 108–178 amended Pub. L. 107–217, § 6(b). See 2002 Amendment note below.
2002—Subsec. (b). Pub. L. 107–217, § 6(b), which had repealed subsec. (b) of this section, was itself repealed by Pub. L. 108–178 insofar as it related to subsec. (b) of this section, and Pub. L. 108–178 further provided that subsec. (b) of this section was revived to read as if Pub. L. 107–217, § 6(b), had not been enacted.
heading: Effective Date of 2003 Amendment
text: Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
20 U.S.C. § 3509 (EDUCATION)
§ 3509. Coordination of programs for handicapped
The Secretary of Health and Human Services shall identify, assess, coordinate, and eliminate conflict, duplication, and inconsistencies among programs significantly affecting handicapped individuals carried out by or under the Department of Health and Human Services, shall promote efficiency among such programs, and shall seek to coordinate, to the maximum extent feasible, such programs with programs significantly affecting handicapped individuals carried out by or under the Department of Education.
(Pub. L. 96–88, title V, § 510, Oct. 17, 1979, 93 Stat. 695.)
20 U.S.C. § 3510 (EDUCATION)
§ 3510. Transitional provisions
With the consent of the appropriate department or agency head concerned, the Secretary is authorized to utilize the services of such officers, employees, and other personnel of the departments and agencies from which functions or offices have been transferred to the Secretary or the Department, and funds appropriated to such functions or offices for such period of time as may reasonably be needed to facilitate the orderly implementation of this chapter.
(Pub. L. 96–88, title V, § 511, Oct. 17, 1979, 93 Stat. 695.)
20 U.S.C. § 3603 (EDUCATION)
§ 3603. State plan
(a) Submission by State educational agency receiving administrative funds for programs; contents
Not later than six months after June 14, 1980, the State educational agency of any State which receives administrative funds for any applicable program (as defined under section 1221(c)(1)(A) 1 of this title) shall submit to the Secretary a plan which—
(1) describes the manner in which the State, not later than nine months after June 14, 1980, shall distribute to local educational agencies within that State’s jurisdiction information describing—
(A) the programs established under this chapter;
(B) the health hazards associated with exposure to asbestos fibers; and
(C) the procedures established by the Secretary under section 3606 of this title for carrying out activities under programs under this chapter, and such other relevant information regarding such activities as the State considers desirable;
(2) contains a general description of the content of the information to be distributed in accordance with paragraph (1) and provides assurances that the State shall continually revise such information and distribute such revised material to local educational agencies to ensure that such agencies have available to them the most recent material available with regard to the matters referred to in paragraph (1);
(3) describes the procedures to be used by the State for maintaining records on—
(A) the presence of asbestos materials in school buildings of local educational agencies;
(B) the asbestos detection, containment, or removal activities 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
(C) repairs made to restore school buildings to conditions comparable to those existing before the containment or removal activities referred to in subparagraph (B) were undertaken; and
(4) designates a State agency or other administrative unit with the responsibility for submitting to the Secretary the reports described in subsection (b) of this section and provides assurances that such agency or unit shall carry out the duties specified under subsection (b) of this section.
(b) Reporting requirements respecting plan implementation
Not later than six months after the submission of the plan described in subsection (a) of this section, and each six months thereafter during the two-year period beginning on June 14, 1980, the State agency or unit designated under paragraph (4) of subsection (a) of this section shall submit to the Secretary a report which describes the actions taken by the State in accordance with its plan under such subsection.
(Pub. L. 96–270, § 4, June 14, 1980, 94 Stat. 490.)
heading: References in Text
text: Section 1221 of this title, referred to in subsec. (a), was amended generally by Pub. L. 103–382, title II, § 211, Oct. 20, 1994, 108 Stat. 3912, and, as so amended, no longer contains a subsec. (c)(1)(A). However, the term “applicable program” is defined in subsec. (c)(1) of that section.
20 U.S.C. § 3606 (EDUCATION)
§ 3606. Standards and safety procedures
(a) Establishment and distribution to designated State agency or unit; establishment of criteria for loan program eligibility
(1) Within 120 days after the first meeting of the Task Force, and after consultation with the Task Force, the Secretary shall establish and distribute to the State agency or unit designated under section 3603(a)(4) of this title—
(A) procedures for testing the level of asbestos fibers in schools, including safety measures to be followed in conducting such tests;
(B) standards for evaluating (on the basis of such tests) the likelihood of the leakage of asbestos fibers into the school environment; and
(C) standards for determining which contractors are qualified to carry out the testing and evaluation described in this paragraph.
(2) After consulting with the Task Force, the Secretary shall establish criteria to be used for determining eligibility for loans under section 3605 of this title. The criteria shall be based on the assessment of the extent of the health hazards posed by the presence of asbestos fibers in schools, as determined in accordance with standards under paragraph (1)(B) of this subsection.
(b) Establishment of regulations
After reviewing recommendations submitted to the Secretary by the Task Force under section 3602(e)(5) of this title, the Secretary, with the concurrence of the Task Force, shall by regulation establish—
(1) procedures to be used by local educational agencies, in programs for which loans are made under section 3605 of this title, for—
(A) containing and removing 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) standards for determining which contractors are qualified to carry out the activities referred to in paragraph (1).
(c) Avoidance of duplication of similar activities of Environmental Protection Agency
In carrying out his duties under this section, the Secretary shall avoid, to the maximum extent practicable, duplicating similar activities undertaken by the Environmental Protection Agency.
(Pub. L. 96–270, § 7, June 14, 1980, 94 Stat. 494.)
20 U.S.C. § 3607 (EDUCATION)
§ 3607. Recovery of costs by United States
(a) Suit by United States on behalf of grant or loan recipient for recovery of costs of activities of recipient; proceeds of judgment
(1) As a condition of the award of any grant under section 3604 of this title or loan under section 3605 of this title, the recipient of any such grant or loan 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 sections.
(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 any judgment recovered by the recipient in such suit) shall be used to repay to the United States, to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of—
(A) the amount of any grant made to the recipient under section 3604 of this title;
(B) the amount outstanding on any loan made to the recipient under section 3605 of this title; and
(C) 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 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 investigation 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 recommendations.
(c) Expeditious proceedings by Attorney General
If the Attorney General determines in the report under subsection (b) of this section 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 expeditious manner to recover such amounts from the persons referred to in subsection (b) of this section.
(Pub. L. 96–270, § 8, June 14, 1980, 94 Stat. 495.)
20 U.S.C. § 3608 (EDUCATION)
§ 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 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.
(Pub. L. 96–270, § 9, June 14, 1980, 94 Stat. 496.)
20 U.S.C. § 3609 (EDUCATION)
§ 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 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.
(Pub. L. 96–270, § 10, June 14, 1980, 94 Stat. 496.)
20 U.S.C. § 3611 (EDUCATION)
§ 3611. Authorization of appropriations
(a) Sums available during obligation period for asbestos detection and asbestos hazards control 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 succeeding fiscal year, a total of not more than $22,500,000; and
(B) for the asbestos hazards control loan program under section 3605 of this title, not more than $75,000,000 for the fiscal year ending September 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 obligation until September 30, 1983.
(b) Programs automatically eligible for contingent extension
Programs under this chapter shall be considered automatically eligible for the one-year contingent 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 required to make all the grants and loans authorized under this chapter, the Secretary shall establish 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 determinations regarding the approval of applications 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.)
heading: References in Text
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.
20 U.S.C. § 3703 (EDUCATION)
§ 3703. Omitted
heading: Codification
text: Section, Pub. L. 96–430, title II, § 204, Oct. 10, 1980, 94 Stat. 1848, which required the National Afro-American History and Culture Commission to submit to appropriate committees of Congress a report containing a detailed statement of the financial transactions of the Commission and the activities undertaken by the Commission during the previous year, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 179 of House Document No. 103–7.
20 U.S.C. § 3801 to 3808 (EDUCATION)
§§ 3801 to 3808. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3801, Pub. L. 97–35, title V, § 552, Aug. 13, 1981, 95 Stat. 464, set out declaration of policy for program of financial assistance to meet the special educational needs of disadvantaged children.
text: Section 3802, Pub. L. 97–35, title V, § 553, Aug. 13, 1981, 95 Stat. 464, related to duration of assistance.
text: Section 3803, Pub. L. 97–35, title V, § 554(a)–(c), Aug. 13, 1981, 95 Stat. 464, related to applicability of title I of the Elementary and Secondary Education Act of 1965.
text: Section 3804, Pub. L. 97–35, title V, § 555, Aug. 13, 1981, 95 Stat. 465; Pub. L. 98–211, § 1, Dec. 8, 1983, 97 Stat. 1412; Pub. L. 98–312, § 5, June 12, 1984, 98 Stat. 234, related to programs authorized for assistance.
text: Section 3805, Pub. L. 97–35, title V, § 556, Aug. 13, 1981, 95 Stat. 465; Pub. L. 98–211, §§ 2–4, Dec. 8, 1983, 97 Stat. 1412–1414, related to approval of applications.
text: Section 3806, Pub. L. 97–35, title V, § 557, Aug. 13, 1981, 95 Stat. 466; Pub. L. 98–211, § 5, Dec. 8, 1983, 97 Stat. 1415, related to participation of children in private schools.
text: Section 3807, Pub. L. 97–35, title V, § 558, Aug. 13, 1981, 95 Stat. 468; Pub. L. 98–211, §§ 6–8, Dec. 8, 1983, 97 Stat. 1415, related to general provisions for program of financial assistance to meet the special educational needs of disadvantaged children.
text: Section 3808, Pub. L. 97–35, title V, § 559, as added Pub. L. 98–211, § 22, Dec. 8, 1983, 97 Stat. 1418, related to national assessment of compensatory education assistance.
heading: Short Title
text: Pub. L. 97–35, title V, § 551, Aug. 13, 1981, 95 Stat. 463, provided that subtitle D [§§ 551 to 596] of title V of Pub. L. 97–35 was to be cited as the “Education Consolidation and Improvement Act of 1981”, prior to repeal by Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293.
heading: Effective Date of Repeal
text: 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.
20 U.S.C. § 3811 to 3816 (EDUCATION)
§§ 3811 to 3816. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3811, Pub. L. 97–35, title V, § 561, Aug. 13, 1981, 95 Stat. 469; Pub. L. 98–211, § 9(a), Dec. 8, 1983, 97 Stat. 1415, related to statement of purpose of program of consolidating various Federal programs for elementary and secondary education.
text: Section 3812, Pub. L. 97–35, title V, § 562, Aug. 13, 1981, 95 Stat. 469; Pub. L. 98–211, § 10, Dec. 8, 1983, 97 Stat. 1416, related to authorization of appropriations.
text: Section 3813, Pub. L. 97–35, title V, § 563, Aug. 13, 1981, 95 Stat. 470; Pub. L. 98–211, § 11, Dec. 8, 1983, 97 Stat. 1416, related to allotment of funds to States.
text: Section 3814, Pub. L. 97–35, title V, § 564, Aug. 13, 1981, 95 Stat. 470; Pub. L. 98–211, §§ 9(b), 12, Dec. 8, 1983, 97 Stat. 1415, 1416, related to State applications.
text: Section 3815, Pub. L. 97–35, title V, § 565, Aug. 13, 1981, 95 Stat. 471; Pub. L. 98–211, § 21(a), Dec. 8, 1983, 97 Stat. 1418, related to allocation of funds to local educational agencies.
text: Section 3816, Pub. L. 97–35, title V, § 566, Aug. 13, 1981, 95 Stat. 471; Pub. L. 98–211, §§ 9(c), 13, Dec. 8, 1983, 97 Stat. 1416, related to local applications.
heading: Effective Date of Repeal
text: 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.
20 U.S.C. § 3821 to 3823 (EDUCATION)
§§ 3821 to 3823. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3821, Pub. L. 97–35, title V, § 571, Aug. 13, 1981, 95 Stat. 472, related to use of funds for program of basic skills development.
text: Section 3822, Pub. L. 97–35, title V, § 572, Aug. 13, 1981, 95 Stat. 472, related to State leadership and support services.
text: Section 3823, Pub. L. 97–35, title V, § 573, Aug. 13, 1981, 95 Stat. 473; Pub. L. 98–211, § 14, Dec. 8, 1983, 97 Stat. 1416, related to school level programs.
heading: Effective Date of Repeal
text: 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.
20 U.S.C. § 3831, 3832 (EDUCATION)
§§ 3831, 3832. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3831, Pub. L. 97–35, title V, § 576, Aug. 13, 1981, 95 Stat. 473, related to statement of purpose for program of educational improvement and support services.
text: Section 3832, Pub. L. 97–35, title V, § 577, Aug. 13, 1981, 95 Stat. 474, related to authorized activities.
heading: Effective Date of Repeal
text: 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.
20 U.S.C. § 3841, 3842 (EDUCATION)
§§ 3841, 3842. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3841, Pub. L. 97–35, title V, § 581, Aug. 13, 1981, 95 Stat. 475, related to statement of purpose for program of special projects.
text: Section 3842, Pub. L. 97–35, title V, § 582, Aug. 13, 1981, 95 Stat. 475; Pub. L. 97–300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357; Pub. L. 97–313, Oct. 14, 1982, 96 Stat. 1462, related to authorized activities.
heading: Effective Date of Repeal
text: 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.
20 U.S.C. § 3851 (EDUCATION)
§ 3851. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section, Pub. L. 97–35, title V, § 583, Aug. 13, 1981, 95 Stat. 476; Pub. L. 98–312, § 4(b), June 12, 1984, 98 Stat. 234; Pub. L. 99–498, title XIV, § 1404, Oct. 17, 1986, 100 Stat. 1599, related to authorization of discretionary program.
heading: Effective Date of Repeal
text: 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.
20 U.S.C. § 3861 to 3863 (EDUCATION)
§§ 3861 to 3863. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3861, Pub. L. 97–35, title V, § 585, Aug. 13, 1981, 95 Stat. 477, related to funding requirements for program of consolidating Federal programs for elementary and secondary education.
text: Section 3862, Pub. L. 97–35, title V, § 586, Aug. 13, 1981, 95 Stat. 477, related to participation of children enrolled in private schools.
text: Section 3863, Pub. L. 97–35, title V, § 587, Aug. 13, 1981, 95 Stat. 480, related to repeal of various programs included in consolidation of Federal programs for elementary and secondary education.
heading: Effective Date of Repeal
text: 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.
20 U.S.C. § 3871 to 3876 (EDUCATION)
§§ 3871 to 3876. Repealed. Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293
text: Section 3871, Pub. L. 97–35, title V, § 591, Aug. 13, 1981, 95 Stat. 480; Pub. L. 98–211, § 15, Dec. 8, 1983, 97 Stat. 1416, related to Federal regulations.
text: Section 3872, Pub. L. 97–35, title V, § 592, Aug. 13, 1981, 95 Stat. 480; Pub. L. 98–211, § 16, Dec. 8, 1983, 97 Stat. 1417, related to withholding of payments.
text: Section 3873, Pub. L. 97–35, title V, § 593, Aug. 13, 1981, 95 Stat. 481; Pub. L. 98–211, § 17, Dec. 8, 1983, 97 Stat. 1417, related to judicial review.
text: Section 3874, Pub. L. 97–35, title V, § 594, Aug. 13, 1981, 95 Stat. 481, related to availability of appropriations.
text: Section 3875, Pub. L. 97–35, title V, § 595, Aug. 13, 1981, 95 Stat. 481, related to definitions.
text: Section 3876, Pub. L. 97–35, title V, § 596, Aug. 13, 1981, 95 Stat. 482; Pub. L. 98–211, § 18(a), Dec. 8, 1983, 97 Stat. 1417, related to application of other laws.
heading: Effective Date of Repeal
text: 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.