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20 U.S.C. § 3606 — Standards and safety procedures

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

20 U.S.C. § 3606 — Standards and safety procedures

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Source file: Laws/federal/codes/united-states-code/title-20/section-3606-standards-and-safety-procedures--cde0fd28b6.md
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Source location: Title 20, Chapter 49, § 3606; chapter-049-asbestos-school-hazard-detection-and-control.md

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**(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 which loans are made under [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim), 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.

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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

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

**(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) Mee

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

20 U.S.C. § 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) 11 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606&num=0&edition=prelim) 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 repla

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

20 U.S.C. § 3606 — Standards and safety procedures

Page 1191 TITLE 20—EDUCATION § 3607 (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 pro- grams under this section at reasonable rates of pay, as established by the Secretary on the basis of prevailing wage rates in the lo- cation 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 sub- section (a)(2) which commenced before the avail- ability of loans under the Loan Program unless the local educational agency submits to the Sec- retary an application which— (A) meets the requirements of paragraph (1); and (B) contains assurances that any work al- ready 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) 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 com- mittees 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 ap- plicant for and recipient of a loan; (2) describe the nature of the asbestos prob- lem 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 an

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