§ 3610. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3610]
TITLE 20--EDUCATION
CHAPTER 49--ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL
Sec. 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, 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) \1\ of the Elementary and Secondary Education Act of
1965;
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\1\ See References in Text note below.
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(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.
(Pub. L. 96-270, Sec. 11, June 14, 1980, 94 Stat. 496.)
References in Text
Section 198 of the Elementary and Secondary Education 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, 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 definitions, see section 7801 of
this title.
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.