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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).
(b) Reporting requirements respecting plan implementation
Not later than six months after the submission of the plan described in subsection (a), 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) 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. § 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) 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).
(Pub. L. 96–270, § 8, June 14, 1980, 94 Stat. 495.)
20 U.S.C. § 3914 (EDUCATION)
§ 3914. Materials development and methods research for mathematics, science, and engineering
(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) 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), 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), or that one or more of such other entities will be consulted in the case of applications submitted by State or local education agencies.
(Pub. L. 98–377, title I, § 104, as added Pub. L. 99–159, title II, § 201, Nov. 22, 1985, 99 Stat. 895.)
heading: Prior Provisions
text: A prior section 3914, Pub. L. 98–377, title I, § 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.
20 U.S.C. § 3995 (EDUCATION)
§ 3995. Local applications
(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 210,1 if appropriate.
(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)—
(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), 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), 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) 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).
(Pub. L. 98–377, title III, § 325, as added Pub. L. 100–418, title VI, § 6031(a)(2), Aug. 23, 1988, 102 Stat. 1481.)
heading: References in Text
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, § 2303, Apr. 28, 1988, 102 Stat. 324.
20 U.S.C. § 3998 (EDUCATION)
§ 3998. Computation of grant amounts
(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), 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), the amount of such grants shall be ratably reduced.
(Pub. L. 98–377, title III, § 328, as added Pub. L. 100–418, title VI, § 6031(a)(2), Aug. 23, 1988, 102 Stat. 1482.)
heading: References in Text
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 [§§ 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 (§ 3801 et seq.) of chapter 51 of this title, prior to repeal by Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293. For complete classification of this Act to the Code, see Tables.
20 U.S.C. § 4359 (EDUCATION)
§ 4359. Oversight and effect of agreements
(a) Oversight activities
Nothing in this chapter shall be construed to diminish the oversight activities of the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate with respect to any agreement entered into between the Secretary of Education and Gallaudet University, and the institution of higher education with which the Secretary has an agreement under part B of subchapter I.
(b) Construction of agreements
The agreements described in subsection (a) of this section shall continue in effect, to the extent that such agreements are not inconsistent with this chapter.
(Pub. L. 99–371, title II, § 208, formerly title IV, § 409, Aug. 4, 1986, 100 Stat. 794; renumbered title II, § 209, Pub. L. 102–421, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151; amended Pub. L. 103–73, title II, § 204(g), Aug. 11, 1993, 107 Stat. 735; renumbered § 208 and amended Pub. L. 105–244, title IX, § 921, Oct. 7, 1998, 112 Stat. 1831; Pub. L. 110–315, title IX, § 910, Aug. 14, 2008, 122 Stat. 3453.)
heading: Prior Provisions
text: A prior section 208 of Pub. L. 99–371 was classified to section 4358 of this title, prior to repeal by Pub. L. 105–244.
Another prior section 208 of Pub. L. 99–371 was classified to section 4358 of this title, prior to repeal by Pub. L. 102–421.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–315 substituted “Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate” for “Committee on Labor and Human Resources of the Senate and the Committee on Education and the Workforce of the House of Representatives”.
1998—Subsec. (a). Pub. L. 105–244, § 921(1), substituted “Committee on Education and the Workforce” for “Committee on Education and Labor”.
1993—Subsec. (a). Pub. L. 103–73, § 204(g)(1), substituted “an agreement under part B of subchapter I” for “an agreement under title II”.
Subsec. (b). Pub. L. 103–73, § 204(g)(2), struck out “the provisions of” after “inconsistent with”.
heading: Change of Name
text: Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
heading: Effective Date of 1998 Amendment
text: 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.
20 U.S.C. § 4359b (EDUCATION)
§ 4359b. Research priorities
(a) Research priorities
Gallaudet University and the National Technical Institute for the Deaf shall each establish and disseminate priorities for their national mission with respect to deafness related research, development, and demonstration activities, that reflect public input, through a process that includes consumers, constituent groups, and the heads of other federally funded programs. The priorities for the University shall include activities conducted as part of the University’s elementary and secondary education programs under section 4304 of this title.
(b) Research reports
The University and NTID shall each prepare and submit an annual research report, to the Secretary, the Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, not later than January 10 of each year, that shall include—
(1) a summary of the public input received as part of the establishment and dissemination of priorities required by subsection (a), and the University’s and NTID’s response to the input; and
(2) a summary description of the research undertaken by the University and NTID, the start and projected end dates for each research project, the projected cost and source or sources of funding for each project, and any products resulting from research completed in the prior fiscal year.
(Pub. L. 99–371, title II, § 210, as added Pub. L. 105–244, title IX, § 923, Oct. 7, 1998, 112 Stat. 1832; amended Pub. L. 110–315, title IX, § 912, Aug. 14, 2008, 122 Stat. 3455.)
heading: Prior Provisions
text: A prior section 210 of Pub. L. 99–371 was renumbered section 209 and is classified to section 4359a of this title.
Another prior section 210 of title II of Pub. L. 99–371, formerly title IV, § 410, Aug. 4, 1986, 100 Stat. 794; renumbered title II, § 210, Pub. L. 102–241, title I, § 101(b)(5), (6), Oct. 16, 1992, 106 Stat. 2151, repealed sections 681 to 685, 691 to 691g, 693 to 693b, and 695 to 695c of this title and provisions set out as notes under sections 681 and 693 of this title, prior to repeal by Pub. L. 102–421, title I, § 139, Oct. 16, 1992, 106 Stat. 2163.
heading: Amendments
text: 2008—Subsec. (b). Pub. L. 110–315 substituted “Committee on Education and Labor of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate” for “Committee on Education and the Workforce of the House of Representatives, and the Committee on Labor and Human Resources of the Senate”.
heading: Change of Name
text: Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
heading: Effective Date
text: Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title.
20 U.S.C. § 4360a (EDUCATION)
§ 4360a. Authorization of appropriations
(a) Gallaudet University
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2014 to carry out the provisions of subchapter I and this subchapter, relating to—
(1) Gallaudet University;
(2) Kendall Demonstration Elementary School; and
(3) the Model Secondary School for the Deaf.
(b) National Technical Institute for the Deaf
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2014 to carry out the provisions of subchapter I and this subchapter relating to the National Technical Institute for the Deaf.
(Pub. L. 99–371, title II, § 212, as added Pub. L. 105–244, title IX, § 925, Oct. 7, 1998, 112 Stat. 1833; amended Pub. L. 110–315, title IX, § 914, Aug. 14, 2008, 122 Stat. 3455.)
heading: Prior Provisions
text: Provisions similar to this section were contained in section 4360 of this title, prior to repeal by Pub. L. 105–244.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–315, § 914(1), substituted “fiscal years 2009 through 2014” for “fiscal years 1998 through 2003” in introductory provisions.
Subsec. (b). Pub. L. 110–315, § 914(2), substituted “fiscal years 2009 through 2014” for “fiscal years 1998 through 2003”.
heading: Effective Date
text: Section effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title.
20 U.S.C. § 4411 (EDUCATION)
§ 4411. Establishment of Institute
(a) In general
There is hereby established a corporation to be known as the “Institute of American Indian and Alaska Native Culture and Arts Development”, which shall be under the direction and control of a Board of Trustees established under section 4412 of this title.
(b) Succession and amendment of charter
The corporation established under subsection (a) shall have succession until dissolved by Act of Congress. Only the Congress shall have the authority to revise or amend the charter of such corporation.
(Pub. L. 99–498, title XV, § 1504, Oct. 17, 1986, 100 Stat. 1601.)
heading: Availability of Fiscal Year 1988 Appropriations
text: Pub. L. 100–202, § 101(g) [title I, § 100], Dec. 22, 1987, 101 Stat. 1329–213, 1329–228, provided: “That notwithstanding any provision of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act [this chapter], the amounts appropriated for fiscal year 1988 for the Bureau of Indian Affairs for the Institute of American Indian Arts shall be available to operate the Institute until the Board of Regents and President of the Institute have been named and had an opportunity to organize, and for use under part A of that Act [this subchapter].”
heading: Availability of Appropriations; Implementation of Chapter; Interim Authority of Secretary
text: Pub. L. 99–500, § 101(h) [title I, § 100], Oct. 18, 1986, 100 Stat. 1783–242, 1783–255, and Pub. L. 99–591, § 101(h) [title I, § 100], Oct. 30, 1986, 100 Stat. 3341–242, 3341–255, provided:
“That notwithstanding any provision of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act [this chapter], the amounts appropriated for fiscal year 1987 for the Bureau of Indian Affairs for the Institute of American Indian Arts shall be available for use under part A of that Act [this subchapter] and—
“(1) that Act shall be implemented in a reasonable period of time and shall be fully implemented by no later than October 1, 1987,
“(2) until the earlier of—
“(A) October 1, 1987, or
“(B) the appointment and confirmation of a majority of the members of the Board of Trustees of the Institute of American Indian and Alaska Native Culture and Arts Development under section 1505(a)(1)(A) of that Act [20 U.S.C. 4412(a)(1)(A)],
the Secretary of the Interior shall have the authority conferred upon such members under that Act, and
“(3) until the earlier of—
“(A) October 1, 1987, or
“(B) the appointment of a President of such Institute under section 1508 of that Act [20 U.S.C. 4415],
the Secretary of the Interior shall have the authority conferred upon such members under that Act, and
“(3) [(4)] until the earlier of—
“(A) October 1, 1987, or
“(B) the appointment of a President of such Institute under section 1508 of that Act,
the Secretary of the Interior shall have the authority conferred upon the President of such Institute under this [that] Act”.