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U.S. Code as of:
01/19/04
Section 3604. Asbestos hazards detection program
(a) Grants to local and State educational agencies 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 program 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 program if -
(i) the State, through the State educational agency or some
other appropriate State agency, is making grants to local
educational agencies for asbestos hazard detection programs, and
(ii) such programs meet the standards established 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 paragraph, the Federal
share of the costs referred to in paragraph (1) shall be 50
percent. Upon a determination 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 approve 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 educational agency the methods to be used by the local
educational agencies receiving grants from the State, to
determine whether hazardous concentrations of asbestos fibers or
materials emitting such fibers exist in school buildings under
the jurisdiction of such agency;
(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 describes such party's qualifications
for conducting such testing;
(D) contains assurances that the program shall be carried out
in accordance with standards established by the Secretary under
section 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 assurances 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 completed before January 1, 1976.
(4) After reviewing the application submitted under this section,
together with any recommendations made by the Task Force, the
Secretary 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 supervision of
the asbestos detection program and for the following activities:
(A) Visual inspections of school buildings.
(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 receiving grants under this
section shall file a report with the Secretary, not later than 120
days after the award of such grant, describing the detection
activities which were undertaken, the results 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 education and technical
assistance programs
During the period in which grants may be made under this section,
not more than 20 percent 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 detection of asbestos hazards in school buildings
and the implementation of appropriate actions to mitigate such
hazards.
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