---
kind: "section"
citation: "20 U.S.C. § 3604"
title: "20"
title_heading: "Education"
number: "3604"
heading: "Asbestos hazards detection program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/3604"
units:
  - "Chapter 49 — Asbestos School Hazard Detection and Control"
---

# §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](/usc/20/3610.md?p=7) may make grants to [local educational agencies](/usc/20/3610.md?p=4) for the Federal share of the costs of carrying out an [asbestos](/usc/20/3610.md?p=1) detection program meeting the standards established by the [Secretary](/usc/20/3610.md?p=7) under [section 3606(a)(1) of this title](/usc/20/3606.md?p=a-1). Grants may be made under this section only during the two-year period beginning on June 14, 1980.
    - (B) The [Secretary](/usc/20/3610.md?p=7) may make grants to [State educational agencies](/usc/20/3610.md?p=9) for the Federal share of the costs of carrying out any [asbestos](/usc/20/3610.md?p=1) detection program if—
      - (i) the [State](/usc/20/3610.md?p=8), through the [State educational agency](/usc/20/3610.md?p=9) or some other appropriate [State](/usc/20/3610.md?p=8) agency, is making grants to [local educational agencies](/usc/20/3610.md?p=4) for [asbestos](/usc/20/3610.md?p=1) hazard detection programs, and
      - (ii) such programs meet the standards established by the [Secretary](/usc/20/3610.md?p=7) under [section 3606(a)(1) of this title](/usc/20/3606.md?p=a-1).
    - (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)](#a-1) shall be 50 percent. Upon a determination by the [Secretary](/usc/20/3610.md?p=7) 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](/usc/20/3610.md?p=7) may increase the Federal share which may be paid to such applicant by such amount as the [Secretary](/usc/20/3610.md?p=7) 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](/usc/20/3610.md?p=7), after consultation with the Task Force. The [Secretary](/usc/20/3610.md?p=7) may not approve an application unless the application—
    - (A) contains a description of the methods to be used by the [local educational agency](/usc/20/3610.md?p=4), or in the case of an application by the [State educational agency](/usc/20/3610.md?p=9) the methods to be used by the [local educational agencies](/usc/20/3610.md?p=4) receiving grants from the [State](/usc/20/3610.md?p=8), to determine whether hazardous concentrations of [asbestos](/usc/20/3610.md?p=1) fibers or materials emitting such fibers exist in [school buildings](/usc/20/3610.md?p=6) 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](/usc/20/3610.md?p=7) 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](/usc/20/3610.md?p=7) under [section 3606(a)(1) of this title](/usc/20/3606.md?p=a-1) 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](/usc/20/3610.md?p=7) may require.
  - (2) The [Secretary](/usc/20/3610.md?p=7) shall provide the Task Force with a copy of any application submitted to the [Secretary](/usc/20/3610.md?p=7) under [paragraph (1)](#b-1).
  - (3) No grant may be awarded by the [Secretary](/usc/20/3610.md?p=7) under this section for [asbestos](/usc/20/3610.md?p=1) hazards detection programs conducted before June 14, 1980, unless the applicant has submitted an application to the [Secretary](/usc/20/3610.md?p=7)—
    - (A) containing the information required under [paragraph (1)](#b-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](/usc/20/3610.md?p=7) under [section 3606(a)(1) of this title](/usc/20/3606.md?p=a-1).

    No grant may be awarded under this section for any [asbestos](/usc/20/3610.md?p=1) 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](/usc/20/3610.md?p=7) shall determine the amount of any grant to be awarded under this section. Funds may be awarded by the [Secretary](/usc/20/3610.md?p=7) for the administrative costs incurred in the preparation and supervision of the [asbestos](/usc/20/3610.md?p=1) detection program and for the following activities:
    - (A) Visual inspections of [school buildings](/usc/20/3610.md?p=6).
    - (B) The sampling of building and insulation materials.
    - (C) Appropriate tests to determine the level of [asbestos](/usc/20/3610.md?p=1) content in suspected materials, and tests determined to be essential to detect the likelihood of imminent danger to persons within [school buildings](/usc/20/3610.md?p=6).
- (c) **Reporting requirements for recipients—** Local and [State educational agencies](/usc/20/3610.md?p=9) receiving grants under this section shall file a report with the [Secretary](/usc/20/3610.md?p=7), not later than 120 days after the award of such grant, describing the detection activities which were undertaken, the results of the [asbestos](/usc/20/3610.md?p=1) 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](/usc/20/3610.md?p=7) to the Task Force to conduct education and technical assistance programs related to the detection of [asbestos](/usc/20/3610.md?p=1) hazards in [school buildings](/usc/20/3610.md?p=6) and the implementation of appropriate actions to mitigate such hazards.

## Source credit

(Pub. L. 96–270, § 5, June 14, 1980, 94 Stat. 491.)