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20 U.S.C. § 3605 — Asbestos Hazards Control Loan Program
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-20/section-3605-asbestos-hazards-control-loan-program--835bbf636e.md
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Source location: Title 20, Chapter 49, § 3605; chapter-049-asbestos-school-hazard-detection-and-control.md
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**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606/a/1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606/b&num=0&edition=prelim), and any other pertinent details relating to the project or projects to be conducted by the applicant (as described in subsection (a)(2)); 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3606/b&num=0&edition=prelim).
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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3602
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3606
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3604&num=0&edition=prelim) or loan under [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3604&num=0&edition=prelim);
(B) the amount outstanding on any loan made to the recipient under [section 3605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim); 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3607
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Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim), 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) 11 See References in Text note below. of the Elementary and Secondary Education Act of 1965;
(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 recrea
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 3610
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3604&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section3605&num=0&edition=prelim), 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 11 See References in Text note below. of this title.
**(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 speci
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Federal law — U.S. Code and appendices · legal_authorities
Page 1190
TITLE 20—EDUCATION
§ 3605
(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 receiv-
ing grants under this section shall file a report
with the Secretary, not later than 120 days after
the award of such grant, describing the detec-
tion activities which were undertaken, the re-
sults 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 edu-
cation and technical assistance programs
During the period in which grants may be
made under this section, not more than 20 per-
cent 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 de-
tection of asbestos hazards in school buildings
and the implementation of appropriate actions
to mitigate such hazards.
(Pub. L. 96–270, § 5, June 14, 1980, 94 Stat. 491.)
§ 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 admin-
istered by the Secretary in accordance with this
Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 3605
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