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 and specify the amount of loans made under the Loan Pro- gram; and (5) specify the number of loan applications which were disapproved during the preceding calendar year and describe the reasons for such disapprovals. (Pub. L. 96–270, § 6, June 14, 1980, 94 Stat. 492.) § 3606. Standards and safety procedures (a) Establishment and distribution to designated State agency or unit; establishment of cri- teria 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 des- ignated under section 3603(a)(4) of this title— (A) procedures for testing the level of asbes- tos fibers in schools, including safety meas- ures to be followed in conducting such tests; (B) standards for evaluating (on the basis of such tests) the likelihood of the leakage of as- bestos fibers into the school environment; and (C) standards for determining which contrac- tors 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 haz- ards posed by the presence of asbestos fibers in schools, as determined in accordance with standards under paragraph (1)(B) of this sub- section. (b) Establishment of regulations After reviewing recommendations submitted to the Secretary by the Task Force under sec- tion 3602(e)(5) of this title, the Secretary, with the concurrence of the Task Force, shall by reg- ulation establish— (1) procedures to be used by local edu- cational agencies, in programs for which loans are made under section 3605 of this title, for— (A) containing and removing asbestos ma- terials in school buildings; (B) replacing the asbestos materials re- moved from school buildings with other ap- propriate building materials; and (C) restoring such school buildings to con- ditions comparable to those existing before asbestos containment or removal activities were undertaken; and (2) standards for determining which contrac- tors 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 ex- tent practicable, duplicating similar activities undertaken by the Environmental Protection Agency. (Pub. L. 96–270, § 7, June 14, 1980, 94 Stat. 494.) § 3607. Recovery of costs by United States (a) Suit by United States on behalf of grant or loan recipient for recovery of costs of activi- ties of recipient; proceeds of judgment (1) As a condition of the award of any grant under section 3604 of this title or loan under sec- tion 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 deter- mined by the Attorney General to be liable to the recipient for the costs of any activities un- dertaken 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 re- cipient 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 pre-