US (United States) Code. Title 20. Chapter 49: Asbestos school hazard detection and control

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Education

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 24 páginas
publicidad

-CITE-

20 USC CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND

CONTROL 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

.

-HEAD-

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-MISC1-

Sec.

3601. Congressional statement of findings and purposes.

3602. Asbestos Hazards School Safety Task Force.

(a) Establishment; composition; membership; chairman;

appointment; vacancies.

(b) Meetings; quorum; hearings.

(c) Compensation; travel expenses.

(d) Availability of Department of Education

personnel; use of mails.

(e) Duties.

(f) Termination.

3603. State plan.

(a) Submission by State educational agency receiving

administrative funds for programs; contents.

(b) Reporting requirements respecting plan

implementation.

3604. Asbestos hazards detection program.

(a) Grants to local and State educational agencies

for Federal share; duration of granting

authority; amount of Federal share.

(b) Application for grants; procedures applicable for

approval; programs completed before January 1,

1976; determinations respecting amount of

grant.

(c) Reporting requirements for recipients.

(d) Availability of appropriated funds for education

and technical assistance programs.

3605. Asbestos Hazards Control Loan Program.

(a) Establishment; administration; loans to local

educational agencies for share of project

costs; project criteria; increase in amount of

loans.

(b) Loan agreements; required terms; additional terms

and conditions.

(c) Application for loans; procedures applicable for

approval; projects completed before January 1,

1976.

(d) Reporting requirements for Secretary.

3606. Standards and safety procedures.

(a) Establishment and distribution to designated

State agency or unit; establishment of criteria

for loan program eligibility.

(b) Establishment of regulations.

(c) Avoidance of duplication of similar activities of

Environmental Protection Agency.

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.

(b) Investigation and report by Attorney General

respecting feasibility of recovery of costs

from any person determined by Attorney General

to be liable.

(c) Expeditious proceedings by Attorney General.

3608. Employee protection.

3609. Retained rights.

3610. Definitions.

3611. Authorization of appropriations.

(a) Sums available during obligation period for

asbestos detection and asbestos hazards control

loan programs.

(b) Programs automatically eligible for contingent

extension.

(c) Greatest financial need as basis for approval of

applications in case of insufficient funds.

(d) Authority of Secretary dependent on specific

appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 3489 of this title.

-CITE-

20 USC Sec. 3601 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3601. Congressional statement of findings and purposes

-STATUTE-

(a) The Congress finds that -

(1) exposure to asbestos fibers has been identified over a long

period of time and by reputable medical and scientific evidence

as significantly increasing the incidence of cancer and other

severe or fatal diseases, such as asbestosis;

(2) medical evidence has suggested that children may be

particularly vulnerable to environmentally induced cancers;

(3) medical science has not established any minimum level of

exposure to asbestos fibers which is considered to be safe to

individuals exposed to the fibers;

(4) substantial amounts of asbestos, particularly in sprayed

form, have been used in school buildings, especially during the

period 1946 through 1972;

(5) partial surveys in some States have indicated that (A) in a

number of school buildings materials containing asbestos fibers

have become damaged or friable, causing asbestos fibers to be

dislodged into the air, and (B) asbestos concentrations far

exceeding normal ambient air levels have been found in school

buildings containing such damaged materials;

(6) the presence in school buildings of friable or easily

damaged asbestos creates an unwarranted hazard to the health of

the school children and school employees who are exposed to such

materials;

(7) the Department of Health and Human Services and the

Environmental Protection Agency, as well as several States, have

attempted to publicize the potential hazards to school children

and employees from exposure to asbestos fibers, but there is no

systematic program for identifying hazardous conditions in

schools or for remedying those conditions;

(8) because there is no Federal health standard regulating the

concentration of asbestos fibers in noncommercial workplace

environments such as schools, school employees and students may

be exposed to hazardous concentrations of asbestos fibers in the

school buildings which they use each day;

(9) without an improved program of information distribution,

technical and scientific assistance, and financial support, many

local educational agencies and States will not be able to

mitigate the potential asbestos hazards in their schools; and

(10) the effective regulation of interstate commerce for the

protection of the public health requires the establishment of

programs under this chapter to identify and mitigate hazards from

exposure to asbestos fibers and materials emitting such fibers.

(b) It is the purpose of this chapter to -

(1) direct the Secretary of Education to establish a task force

to assist States and local educational agencies to ascertain the

extent of the danger to the health of school children and

employees from asbestos materials in schools;

(2) require States receiving administrative funds for any

applicable program (as defined under section 1221(c)(1)(A)

(FOOTNOTE 1) of this title) to prepare a plan describing the

manner in which information relating to programs established

under this chapter shall be distributed to local educational

agencies;

(FOOTNOTE 1) See References in Text note below.

(3) provide scientific, technical, and financial assistance to

State educational agencies and local educational agencies to

enable them to conduct an asbestos detection program to identify

asbestos hazards in schools;

(4) provide loans to local educational agencies for the

mitigation of asbestos hazards which constitute an imminent

hazard to the health and safety of school children and employees;

and

(5) assure that no employee of any local educational agency

suffers any disciplinary action as a result of calling attention

to potential asbestos hazards which may exist in schools.

-SOURCE-

(Pub. L. 96-270, Sec. 2, June 14, 1980, 94 Stat. 487.)

-REFTEXT-

REFERENCES IN TEXT

Section 1221 of this title, referred to in subsec. (b)(2), was

amended generally by Pub. L. 103-382, title II, Sec. 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.

-MISC2-

SHORT TITLE

Section 1 of Pub. L. 96-270 provided that: ''This Act (enacting

this chapter and amending section 1411 of this title) may be cited

as the 'Asbestos School Hazard Detection and Control Act of

1980'.''

-CITE-

20 USC Sec. 3602 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3602. Asbestos Hazards School Safety Task Force

-STATUTE-

(a) Establishment; composition; membership; chairman; appointment;

vacancies

(1) There is established a task force to be known as the Asbestos

Hazards School Safety Task Force (hereinafter in this chapter

referred to as ''Task Force''). The Task Force shall be composed of

ten members, who shall be appointed by the Secretary within 30 days

after June 14, 1980, as follows:

(A) One representative of the Department of Education,

recommended by the Secretary of Education.

(B) One representative of the Department of Health and Human

Services.

(C) One representative of the National Cancer Institute.

(D) One representative of the Environmental Protection Agency,

recommended by the Administrator of such agency.

(E) One representative of the National Institute of

Environmental Health Sciences.

(F) One representative of the Occupational Safety and Health

Administration, recommended by the Secretary of Labor.

(G) Four representatives from among organizations concerned

with education and health.

Members of the Task Force shall be individuals who have knowledge

of the medical problems associated with exposure to asbestos, or

individuals who are familiar with procedures for the following

activities: the containment or removal of asbestos from buildings;

the replacement of asbestos materials removed from school buildings

with other appropriate building materials; and the restoration of

such buildings to conditions comparable to those existing before

such containment or removal was carried out.

(2) The Secretary shall designate a chairman of the Task Force

from among its members.

(3) Members shall be appointed for the life of the Task Force.

Any vacancy in the Task Force shall be filled in the same manner in

which the original appointment was made.

(b) Meetings; quorum; hearings

(1) The Task Force shall meet, no later than 30 days after the

appointment of its members, at the call of the chairman of the Task

Force.

(2) Five members of the Task Force shall constitute a quorum for

purposes of conducting the business of the Task Force, but a lesser

number may hold hearings.

(c) Compensation; travel expenses

(1) Members of the Task Force who are not full-time officers or

employees of the Federal Government shall receive compensation at a

rate determined by the Secretary, but not to exceed the daily

equivalent of the maximum annual rate of pay in effect for grade

GS-16 of the General Schedule, for each day (including traveltime)

during which they are engaged in the performance of the duties of

the Task Force.

(2) While away from their homes or regular places of business in

the performance of the duties of the Task Force, all members of the

Task Force shall be allowed travel expenses, including per diem in

lieu of subsistence, in the same manner as persons employed

intermittently in the Government service are allowed expenses under

section 5703 of title 5.

(d) Availability of Department of Education personnel; use of mails

(1) Upon request of the Task Force, the Secretary shall make

available to the Task Force personnel of the Department of

Education to assist the Task Force in carrying out its duties.

(2) The Task Force may use the United States mails in the same

manner and upon the same conditions as other departments and

agencies of the United States.

(e) Duties

The duties of the Task Force shall include -

(1) the compilation of medical, scientific, and technical

information explaining -

(A) the health and safety hazards associated with asbestos

materials; and

(B) the means of identifying, sampling, and testing materials

suspected of emitting asbestos fibers;

(2) the distribution of the information described in paragraph

(1) (in any appropriate form such as pamphlets, reports, or

instructions) to State educational agencies and to local

educational agencies for the purpose of assisting such agencies

in carrying out activities described in this chapter;

(3) the review of applications for grants and loans under

sections 3604 and 3605 of this title, and the submission to the

Secretary of recommendations respecting the approval or

disapproval of such applications;

(4) the review of any guidelines established by the

Environmental Protection Agency for identifying those schools in

which exposure to asbestos fibers constitutes a health problem

and for taking appropriate corrective actions at such schools, in

order to determine whether any modifications of such guidelines

should be recommended to the Secretary under paragraph (5); and

(5) providing the Secretary with assistance in formulating

standards and procedures under section 3606 of this title by -

(A) submitting to the Secretary relevant information

concerning the results of the review made under paragraph (4)

of this subsection; and

(B) recommending such modifications to the guidelines

referred to in such paragraph as the Task Force considers

appropriate.

In carrying out its duties under this subsection, the Task Force

shall avoid, to the maximum extent practicable, duplicating similar

activities undertaken by the Environmental Protection Agency.

(f) Termination

The Task Force shall cease to exist at the end of the 180-day

period beginning on the date that the authority of the Secretary to

make loans under section 3605 of this title has expired.

-SOURCE-

(Pub. L. 96-270, Sec. 3, June 14, 1980, 94 Stat. 488.)

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

(title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3606 of this title.

-CITE-

20 USC Sec. 3603 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3603. State plan

-STATUTE-

(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)

(FOOTNOTE 1) of this title) shall submit to the Secretary a plan

which -

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

(Pub. L. 96-270, Sec. 4, June 14, 1980, 94 Stat. 490.)

-REFTEXT-

REFERENCES IN TEXT

Section 1221 of this title, referred to in subsec. (a), was

amended generally by Pub. L. 103-382, title II, Sec. 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3606 of this title.

-CITE-

20 USC Sec. 3604 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3604. Asbestos hazards detection program

-STATUTE-

(a) Grants to local and State educational agencies for Federal

share; duration of granting authority; amount of Federal share

(1)(A) The Secretary may make grants to local educational

agencies for the Federal share of the costs of carrying out an

asbestos detection program meeting the standards established by the

Secretary under section 3606(a)(1) of this title. Grants may be

made under this section only during the two-year period beginning

on June 14, 1980.

(B) The Secretary may make grants to State educational agencies

for the Federal share of the costs of carrying out any asbestos

detection program if -

(i) the State, through the State educational agency or some

other appropriate State agency, is making grants to local

educational agencies for asbestos hazard detection programs, and

(ii) such programs meet the standards established by the

Secretary under section 3606(a)(1) of this title.

(C) Grants may be made under this section only during the

two-year period beginning after June 14, 1980.

(2) Subject to the second sentence of this paragraph, the Federal

share of the costs referred to in paragraph (1) shall be 50

percent. Upon a determination by the Secretary that an applicant

has limited fiscal resources and would be unable to participate in

the program under this section without receiving from the Federal

Government, as its Federal share of such costs, an amount greater

than the amount permitted under the first sentence of this

paragraph, the Secretary may increase the Federal share which may

be paid to such applicant by such amount as the Secretary considers

appropriate to permit the applicant to participate in the program.

(b) Application for grants; procedures applicable for approval;

programs completed before January 1, 1976; determinations

respecting amount of grant

(1) No grant may be made under this section unless an application

has been submitted to and approved by the Secretary, after

consultation with the Task Force. The Secretary may not approve an

application unless the application -

(A) contains a description of the methods to be used by the

local educational agency, or in the case of an application by the

State educational agency the methods to be used by the local

educational agencies receiving grants from the State, to

determine whether hazardous concentrations of asbestos fibers or

materials emitting such fibers exist in school buildings under

the jurisdiction of such agency;

(B) contains an estimate of the total cost of the detection

program, including such detailed descriptions of the costs of

each component of the program as the Secretary may require;

(C) designates the party which shall conduct the testing for

the detection program and describes such party's qualifications

for conducting such testing;

(D) contains assurances that the program shall be carried out

in accordance with standards established by the Secretary under

section 3606(a)(1) of this title and that any party employed to

conduct such testing shall satisfy the competency standards

established under such section; and

(E) contains such other information or assurances as the

Secretary may require.

(2) The Secretary shall provide the Task Force with a copy of any

application submitted to the Secretary under paragraph (1).

(3) No grant may be awarded by the Secretary under this section

for asbestos hazards detection programs conducted before June 14,

1980, unless the applicant has submitted an application to the

Secretary -

(A) containing the information required under paragraph (1);

and

(B) providing assurances that any program for which a grant is

sought was carried out in a manner which substantially conforms

to the requirements established by the Secretary under section

3606(a)(1) of this title.

No grant may be awarded under this section for any asbestos hazards

detection program completed before January 1, 1976.

(4) After reviewing the application submitted under this section,

together with any recommendations made by the Task Force, the

Secretary shall determine the amount of any grant to be awarded

under this section. Funds may be awarded by the Secretary for the

administrative costs incurred in the preparation and supervision of

the asbestos detection program and for the following activities:

(A) Visual inspections of school buildings.

(B) The sampling of building and insulation materials.

(C) Appropriate tests to determine the level of asbestos

content in suspected materials, and tests determined to be

essential to detect the likelihood of imminent danger to persons

within school buildings.

(c) Reporting requirements for recipients

Local and State educational agencies receiving grants under this

section shall file a report with the Secretary, not later than 120

days after the award of such grant, describing the detection

activities which were undertaken, the results of the asbestos

detection program, and plans for mitigating any imminent hazards

which were detected by the testing. The report shall include a

detailed accounting of the funds used to carry out the detection

program.

(d) Availability of appropriated funds for education and technical

assistance programs

During the period in which grants may be made under this section,

not more than 20 percent of the funds appropriated to carry out

this section may be made available by the Secretary to the Task

Force to conduct education and technical assistance programs

related to the detection of asbestos hazards in school buildings

and the implementation of appropriate actions to mitigate such

hazards.

-SOURCE-

(Pub. L. 96-270, Sec. 5, June 14, 1980, 94 Stat. 491.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3602, 3607, 3611 of this

title.

-CITE-

20 USC Sec. 3605 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3605. Asbestos Hazards Control Loan Program

-STATUTE-

(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.

(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

payable to such applicant to an amount the Secretary considers

appropriate to enable the applicant to carry out such projects.

(b) Loan agreements; required terms; additional terms and

conditions

Loans under this section shall be made pursuant to loan

agreements which shall provide for the following terms:

(1) The loan shall not bear any interest except as otherwise

provided under paragraph (5).

(2) The loan shall have a maturity period of not more than 20

years (as determined by the Secretary) and shall be repayable

during such period at such times and in such amounts as the

Secretary may specify in the loan agreement.

(3) Repayment of the loan shall be made to the Secretary of the

Treasury for deposit in the general fund of the Treasury.

Such loans shall be subject to such other terms and conditions as

the Secretary may establish for the protection of the financial

interest of the United States and in furtherance of the purposes of

this chapter.

(c) Application for loans; procedures applicable for approval;

projects completed before January 1, 1976

(1) No loan may be made under this section unless an application

has been submitted to and approved by the Secretary, after

consultation with the Task Force, within the two-year period

beginning on June 14, 1980. The Secretary may not approve an

application unless -

(A) the application contains such information as the Secretary

may require, including information describing -

(i) the nature of the asbestos problem for which the loan is

sought;

(ii) the asbestos content of the material to be contained or

removed by the local educational agency, as determined under

preliminary testing which was conducted in accordance with the

standards established by the Secretary under section 3606(a)(1)

of this title, or, in the case of testing conducted before June

14, 1980, was conducted in a manner which substantially

conforms to such standards; and

(iii) the methods which will be used to contain or remove the

asbestos materials, in accordance with section 3606(b) of this

title, and any other pertinent details relating to the project

or projects to be conducted by the applicant (as described in

subsection (a)(2) of this section); and

(B) the application contains assurances that -

(i) any employee engaged in any activity to carry out

programs under this section shall be notified in writing by the

local educational agency conducting the program of the hazards

of working with asbestos, and shall be required to utilize all

appropriate safety procedures to minimize health risks;

(ii) no child or school employee shall be permitted in the

vicinity of any asbestos containment or removal activity; and

(iii) the local educational agency shall pay employees

engaged in containment, removal, or replacement activities to

carry out programs under this section at reasonable rates of

pay, as established by the Secretary on the basis of prevailing

wage rates in the location of such work.

(2) The Secretary shall provide the Task Force with a copy of any

application submitted to the Secretary under paragraph (1).

(3) No loans may be made by the Secretary under this section for

projects described in subsection (a)(2) of this section which

commenced before the availability of loans under the Loan Program

unless the local educational agency submits to the Secretary an

application which -

(A) meets the requirements of paragraph (1); and

(B) contains assurances that any work already completed by the

applicant has been carried out in substantial conformity with

section 3606(b) of this title.

No loan may be awarded under this section for any project described

in subsection (a)(2) of this section which was completed before

January 1, 1976.

(d) Reporting requirements for Secretary

During each of the three calendar years after 1980, the Secretary

shall submit before February 1 of such year a report to the

appropriate committees of the House of Representatives and the

Senate, which shall -

(1) describe the number of loans made in the preceding calendar

year and specify each applicant for and recipient of a loan;

(2) describe the nature of the asbestos problem of each

applicant;

(3) describe the types of programs for which loans were made;

(4) specify the estimated total costs of such programs to the

recipients of loans and specify the amount of loans made under

the Loan Program; and

(5) specify the number of loan applications which were

disapproved during the preceding calendar year and describe the

reasons for such disapprovals.

-SOURCE-

(Pub. L. 96-270, Sec. 6, June 14, 1980, 94 Stat. 492.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3602, 3606, 3607, 3610,

3611 of this title.

-CITE-

20 USC Sec. 3606 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3606. Standards and safety procedures

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-270, Sec. 7, June 14, 1980, 94 Stat. 494.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3602, 3603, 3604, 3605 of

this title.

-CITE-

20 USC Sec. 3607 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3607. Recovery of costs by United States

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-270, Sec. 8, June 14, 1980, 94 Stat. 495.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3609 of this title.

-CITE-

20 USC Sec. 3608 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3608. Employee protection

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-270, Sec. 9, June 14, 1980, 94 Stat. 496.)

-CITE-

20 USC Sec. 3609 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3609. Retained rights

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-270, Sec. 10, June 14, 1980, 94 Stat. 496.)

-CITE-

20 USC Sec. 3610 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3610. Definitions

-STATUTE-

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) (FOOTNOTE 1) of the Elementary and Secondary

Education Act of 1965;

(FOOTNOTE 1) See References in Text note below.

(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) (FOOTNOTE 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) (FOOTNOTE 1) of the

Elementary and Secondary Education Act of 1965.

-SOURCE-

(Pub. L. 96-270, Sec. 11, June 14, 1980, 94 Stat. 496.)

-REFTEXT-

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.

-TRANS-

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.

-CITE-

20 USC Sec. 3611 01/06/03

-EXPCITE-

TITLE 20 - EDUCATION

CHAPTER 49 - ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

-HEAD-

Sec. 3611. Authorization of appropriations

-STATUTE-

(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

(FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

(Pub. L. 96-270, Sec. 12, June 14, 1980, 94 Stat. 497.)

-REFTEXT-

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, Sec. 212(b)(1), Oct. 20, 1994,

108 Stat. 3913, and is classified to section 1226a of this title.

-CITE-