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20 U.S.C. § 3602 — Asbestos Hazards School Safety Task Force

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3602 — Asbestos Hazards School Safety Task Force

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Source file: Laws/federal/codes/united-states-code/title-20/section-3602-asbestos-hazards-school-safety-task-force--19cd2f6da0.md
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Source location: Title 20, Chapter 49, § 3602; chapter-049-asbestos-school-hazard-detection-and-control.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim) has expired.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5376 — Pay for certain senior-level positions

**(a)** This section applies to— (1) positions that are classified above GS–15 pursuant to section 5108; and (2) scientific or professional positions established under section 3104; but does not apply to— (A) any Senior Executive Service position under section 3132; or (B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. **(b)** (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— (A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and (B) subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. (2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate. (3) In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section 5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”. (4) No employee may suffer a reduction in pay by reaso

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3603/a/4&num=0&edition=prelim)— (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3602/e/5&num=0&edition=prelim), 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

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 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** (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606/a/2&num=0&edition=prelim). (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 payabl

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5703 — Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay

An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 3602 — Asbestos Hazards School Safety Task

Page 1187 TITLE 20—EDUCATION § 3602 1 See References in Text note below. (6) the presence in school buildings of friable or easily damaged asbestos creates an unwar- ranted hazard to the health of the school chil- dren 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 at- tempted 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 stand- ard regulating the concentration of asbestos fibers in noncommercial workplace environ- ments such as schools, school employees and students may be exposed to hazardous con- centrations of asbestos fibers in the school buildings which they use each day; (9) without an improved program of informa- tion distribution, technical and scientific as- sistance, and financial support, many local educational agencies and States will not be able to mitigate the potential asbestos haz- ards 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 es- tablish 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 appl

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