[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3604]
TITLE 20--EDUCATION
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 paragrap
