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20 U.S.C. § 3601 — Congressional statement of findings and purposes
Federal law — U.S. Code and appendices · legal_authorities
**(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 ex
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Source file: Laws/federal/codes/united-states-code/title-20/section-3601-congressional-statement-of-findings-and-purposes--fb42e69012.md
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Source location: Title 20, Chapter 49, § 3601; chapter-049-asbestos-school-hazard-detection-and-control.md
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**(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) 11 See References in Text note below. 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;
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants to States**
(1) **Purpose of grants** — The Secretary shall make grants to States, outlying areas, and freely associated States, and provide funds to the Secretary of the Interior, to assist them to provide special education and related services to children with disabilities in accordance with this subchapter.
(2) **Maximum amount** — The maximum amount of the grant a State may receive under this section—
(A) for fiscal years 2005 and 2006 is—
(i) the number of children with disabilities in the State who are receiving special education and related services—
(I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and
(II) aged 6 through 21; multiplied by
(ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; and
(B) for fiscal year 2007 and subsequent fiscal years is—
(i) the number of children with disabilities in the 2004–2005 school year in the State who received special education and related services—
(I) aged 3 through 5 if the State is eligible for a grant under [section 1419 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1419&num=0&edition=prelim); and
(II) aged 6 through 21; multiplied by
(ii) 40 percent of the average per-pupil expenditure in public elementary schools and secondary schools in the United States; adjusted by
(iii) the rate of annual change in the sum of—
(I) 85 percent of such State’s population described in subsection (d)(3)(A)(i)(II); and
(II) 15 percent of such State’s population described in subsection (d)
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Recipients entitled to review; stay of action by Secretary** Any recipient of funds under an applicable program that would be adversely affected by a final agency action under section 1234a, 1234d, or 1234e of this title, and any State entitled to receive funds under a program described in [section 1232d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1232d/a&num=0&edition=prelim) whose application has been disapproved by the Secretary, shall be entitled to judicial review of such action in accordance with the provisions of this section. The Secretary may not take any action on the basis of a final agency action until judicial review is completed.
**(b) Petition for review; filing of record** A recipient that desires judicial review of an action described in subsection (a) shall, within 60 days of that action, file with the United States Court of Appeals for the circuit in which that recipient is located, a petition for review of such action. A copy of the petition shall be transmitted by the clerk of the court to the Secretary. The Secretary shall file in the court the record of the proceedings on which the action was based, as provided in [section 2112 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2112&num=0&edition=prelim).
**(c) Findings of fact** The findings of fact by the Office, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Office to take further evidence, and the Office may make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if suppor
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Federal law — U.S. Code and appendices · legal_authorities
Subject to the limitations contained in subtitle A of this title, there are authorized to be appropriated for fiscal years 1982, 1983, and 1984 such sums as may be necessary to carry out each of the following provisions of law:
(1) the Act of September 30, 1950 11 See References in Text note below. (Public Law 874, 81st Congress);
(2) the Act of September 23, 1950 1 (Public Law 815, 81st Congress);
(3) the General Education Provisions Act [[20 U.S.C. 1221](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1221&num=0&edition=prelim) et seq.];
(4) the Indian Education Act;
(5) titles XI [[25 U.S.C. 2000](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2000&num=0&edition=prelim) et seq.], XIV [[20 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section921&num=0&edition=prelim) et seq.], and XV of the Education Amendments of 1978 and part H of title XIII of the Education Amendments of 1980;
(6) the Adult Education Act; 1
(7) section 342 of the Education Amendments of 1976 [[20 U.S.C. 2532](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section2532&num=0&edition=prelim)];
(8) the Asbestos School Hazards Detection and Control Act [[20 U.S.C. 3601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3601&num=0&edition=prelim) et seq.];
(9) the Joint Resolution of October 19, 1972 (86 Stat. 907);
(10) the Vocational Education Act of 1963; 1
(11) title IV of the Civil Rights Act of 1964 [[42 U.S.C. 2000c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000c&num=0&edition=prelim) et seq.];
(12) the Navajo Community College Act and the Tribally Controlled Colleges and Universities Assistance Act of 1978 [[25 U
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Federal law — U.S. Code and appendices · legal_authorities
Page 1186
TITLE 20—EDUCATION
§ 3508
Editorial Notes
CODIFICATION
‘‘May 4, 1980’’ substituted in text 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.
§ 3508. Department of Health and Human Serv-
ices
(a) Redesignation of Department of Health, Edu-
cation, and Welfare
The Department of Health, Education, and
Welfare is hereby redesignated the Department
of Health and Human Services, and the Sec-
retary of Health, Education, and Welfare or any
other official of the Department of Health, Edu-
cation, 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 ref-
erence 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 Wel-
fare in any law, rule, regulation, certificate, di-
rective, 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 ex-
tent 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.)
Editorial Notes
CODIFICATION
In subsec. (b), ‘‘May 4, 1980’’ substituted for ‘‘the ef-
fective date of this chapter’’ pursuant to s
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 3601
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