§ 3605. — Asbestos Hazards Control Loan Program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3605]
TITLE 20--EDUCATION
CHAPTER 49--ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL
Sec. 3605. Asbestos Hazards Control Loan Program
(a) Establishment; administration; loans to local educational agencies
for share of project costs; project criteria; increase in amount
of loans
(1) There is established within the Department of Education an
Asbestos Hazards Control Loan Program (hereinafter in this chapter
referred to as the ``Loan Program''), which shall be administered by the
Secretary in accordance with this section.
(2) The Secretary may make loans under this section to local
educational agencies in an amount equal to 50 percent of the costs of
carrying out projects for--
(A) the containment or removal of any materials containing
asbestos in school buildings in which such materials pose an
imminent hazard to the health and safety of children or employees;
(B) the replacement of the asbestos materials removed from
school buildings with other appropriate building materials; and
(C) making repairs which the Secretary determines to be
necessary to restore school buildings to conditions comparable to
those existing before containment or removal activities were
undertaken under subparagraph (A).
Loans may be made under this section only for projects affecting more
than 2,500 square feet of surface and in which the asbestos material to
be contained or removed consists of a minimum asbestos level, as
determined by the Secretary under section 3606(a)(2) of this title.
(3) If the Secretary determines that an applicant has limited fiscal
resources and would be unable to carry out the projects described in
paragraph (2) without receiving a loan under this section for an amount
greater than the amount permitted under such paragraph, the Secretary
may increase the amount of the loan payable to such applicant to an
amount the Secretary considers appropriate to enable the applicant to
carry out such projects.
(b) Loan agreements; required terms; additional terms and conditions
Loans under this section shall be made pursuant to loan agreements
which shall provide for the following terms:
(1) The loan shall not bear any interest except as otherwise
provided under paragraph (5).
(2) The loan shall have a maturity period of not more than 20
years (as determined by the Secretary) and shall be repayable during
such period at such times and in such amounts as the Secretary may
specify in the loan agreement.
(3) Repayment of the loan shall be made to the Secretary of the
Treasury for deposit in the general fund of the Treasury.
Such loans shall be subject to such other terms and conditions as the
Secretary may establish for the protection of the financial interest of
the United States and in furtherance of the purposes of this chapter.
(c) Application for loans; procedures applicable for approval; projects
completed before January 1, 1976
(1) No loan may be made under this section unless an application has
been submitted to and approved by the Secretary, after consultation with
the Task Force, within the two-year period beginning on June 14, 1980.
The Secretary may not approve an application unless--
(A) the application contains such information as the Secretary
may require, including information describing--
(i) the nature of the asbestos problem for which the loan is
sought;
(ii) the asbestos content of the material to be contained or
removed by the local educational agency, as determined under
preliminary testing which was conducted in accordance with the
standards established by the Secretary under section 3606(a)(1)
of this title, or, in the case of testing conducted before June
14, 1980, was conducted in a manner which substantially conforms
to such standards; and
(iii) the methods which will be used to contain or remove
the asbestos materials, in accordance with section 3606(b) of
this title, and any other pertinent details relating to the
project or projects to be conducted by the applicant (as
described in subsection (a)(2) of this section); and
(B) the application contains assurances that--
(i) any employee engaged in any activity to carry out
programs under this section shall be notified in writing by the
local educational agency conducting the program of the hazards
of working with asbestos, and shall be required to utilize all
appropriate safety procedures to minimize health risks;
(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 programs under this section at reasonable rates of
pay, as established by the Secretary on the basis of prevailing
wage rates in the location 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 subsection (a)(2) of this section which commenced
before the availability of loans under the Loan Program unless the local
educational agency submits to the Secretary an application which--
(A) meets the requirements of paragraph (1); and
(B) contains assurances that any work already 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) of this section 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
committees 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 applicant for and recipient of a loan;
(2) describe the nature of the asbestos problem 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 Program; 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, Sec. 6, June 14, 1980, 94 Stat. 492.)
Section Referred to in Other Sections
This section is referred to in sections 3602, 3606, 3607, 3610, 3611
of this title.
