20 U.S.C. § 3603 — State plan

Page 1188 TITLE 20—EDUCATION § 3603 1 See References in Text note below. ceed the daily equivalent of the maximum an- nual rate of pay in effect for grade GS–16 of the General Schedule, for each day (including trav- eltime) 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 du- ties 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 man- ner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5. (d) Availability of Department of Education per- sonnel; use of mails (1) Upon request of the Task Force, the Sec- retary shall make available to the Task Force personnel of the Department of Education to as- sist 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 associ- ated with asbestos materials; and (B) the means of identifying, sampling, and testing materials suspected of emitting asbestos fibers; (2) the distribution of the information de- scribed in paragraph (1) (in any appropriate form such as pamphlets, reports, or instruc- tions) to State educational agencies and to local educational agencies for the purpose of assisting such agencies in carrying out activi- ties 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 rec- ommendations respecting the approval or dis- approval 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 para- graph (5); and (5) providing the Secretary with assistance in formulating standards and procedures under section 3606 of this title by— (A) submitting to the Secretary relevant information concerning the results of the re- view made under paragraph (4) of this sub- section; 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 ex- tent 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 has expired. (Pub. L. 96–270, § 3, June 14, 1980, 94 Stat. 488.) Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 3603. State plan (a) Submission by State educational agency re- ceiving 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) 1 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 ex- posure to asbestos fibers; and (C) the procedures established by the Sec- retary under section 3606 of this title for car- rying out activities under programs under this chapter, and such other relevant infor- mation regarding such activities as the State considers desirable; (2) contains a general description of the con- tent of the information to be distributed in ac- cordance with paragraph (1) and provides as- surances that the State shall continually re- vise such information and distribute such re- vised 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 agen- cies; (B) the asbestos detection, containment, or removal activities conducted by local educational agencies (including activities relating to the replacement of the asbestos materials removed from school buildings with other appropriate building materials); and (C) repairs made to restore school build- ings to conditions comparable to those exist- Page 1189 TITLE 20—EDUCATION § 3604 ing before the containment or removal ac- tivities referred to in subparagraph (B) were undertaken; and (4) designates a State agency or other ad- ministrative unit with the responsibility for submitting to the Secretary the reports de- scribed in subsection (b) of this section and provides assurances that such agency or unit shall carry out the duties specified under sub- section (b). (b) Reporting requirements respecting plan im- plementation Not later than six months after the submis- sion of the plan described in subsection (a), and each six months thereafter during the two-year period beginning on June 14, 1980, the State agency or unit designated under paragraph (4) of subsection (a) shall submit to the Secretary a report which describes the actions taken by the State in accordance with its plan under such subsection. (Pub. L. 96–270, § 4, June 14, 1980, 94 Stat. 490.) Editorial Notes REFERENCES IN TEXT Section 1221 of this title, referred to in subsec. (a), was amended generally by Pub. L. 103–382, title II, § 211, Oct. 20, 1994, 108 Stat. 3912, and, as so amended, no longer contains a subsec. (c)(1)(A). However, the term ‘‘applicable program’’ is defined in subsec. (c)(1) of that section. § 3604. Asbestos hazards detection program (a) Grants to local and State educational agen- cies for Federal share; duration of granting authority; amount of Federal share (1)(A) The Secretary may make grants to local educational agencies for the Federal share of the costs of carrying out an asbestos detection pro- gram meeting the standards established by the Secretary under section 3606(a)(1) of this title. Grants may be made under this section only during the two-year period beginning on June 14, 1980. (B) The Secretary may make grants to State educational agencies for the Federal share of the costs of carrying out any asbestos detection pro- gram if— (i) the State, through the State educational agency or some other appropriate State agen- cy, is making grants to local educational agencies for asbestos hazard detection pro- grams, and (ii) such programs meet the standards estab- lished by the Secretary under section 3606(a)(1) of this title. (C) Grants may be made under this section only during the two-year period beginning after June 14, 1980. (2) Subject to the second sentence of this para- graph, the Federal share of the costs referred to in paragraph (1) shall be 50 percent. Upon a de- termination by the Secretary that an applicant has limited fiscal resources and would be unable to participate in the program under this section without receiving from the Federal Government, as its Federal share of such costs, an amount greater than the amount permitted under the first sentence of this paragraph, the Secretary may increase the Federal share which may be paid to such applicant by such amount as the Secretary considers appropriate to permit the applicant to participate in the program. (b) Application for grants; procedures applicable for approval; programs completed before January 1, 1976; determinations respecting amount of grant (1) No grant may be made under this section unless an application has been submitted to and approved by the Secretary, after consultation with the Task Force. The Secretary may not ap- prove an application unless the application— (A) contains a description of the methods to be used by the local educational agency, or in the case of an application by the State edu- cational agency the methods to be used by the local educational agencies receiving grants from the State, to determine whether haz- ardous concentrations of asbestos fibers or materials emitting such fibers exist in school buildings under the jurisdiction of such agen- cy; (B) contains an estimate of the total cost of the detection program, including such detailed descriptions of the costs of each component of the program as the Secretary may require; (C) designates the party which shall conduct the testing for the detection program and de- scribes such party’s qualifications for con- ducting such testing; (D) contains assurances that the program shall be carried out in accordance with stand- ards established by the Secretary under sec- tion 3606(a)(1) of this title and that any party employed to conduct such testing shall satisfy the competency standards established under such section; and (E) contains such other information or as- surances as the Secretary may require. (2) The Secretary shall provide the Task Force with a copy of any application submitted to the Secretary under paragraph (1). (3) No grant may be awarded by the Secretary under this section for asbestos hazards detection programs conducted before June 14, 1980, unless the applicant has submitted an application to the Secretary— (A) containing the information required under paragraph (1); and (B) providing assurances that any program for which a grant is sought was carried out in a manner which substantially conforms to the requirements established by the Secretary under section 3606(a)(1) of this title. No grant may be awarded under this section for any asbestos hazards detection program com- pleted before January 1, 1976. (4) After reviewing the application submitted under this section, together with any rec- ommendations made by the Task Force, the Sec- retary shall determine the amount of any grant to be awarded under this section. Funds may be awarded by the Secretary for the administrative costs incurred in the preparation and super- vision of the asbestos detection program and for the following activities: (A) Visual inspections of school buildings.