 
        CHAPTER 49--ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL
 
Sec. 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.

(Pub. L. 96-270, Sec. 5, June 14, 1980, 94 Stat. 491.)

                  Section Referred to in Other Sections

    This section is referred to in sections 3602, 3607, 3611 of this 
title.
