Title 20, EducationRelease 119-110

§3606 Standards and Safety Procedures

Title 20 › CHAPTER 49 — ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL › § 3606

Last updated Sep 22, 2026|Official source

Summary

Within 120 days after the Task Force’s first meeting, the Secretary must give the State agency under section 3603(a)(4) procedures for testing asbestos in schools (with safety steps), standards for deciding how likely asbestos is to leak into school spaces from those tests, and rules for which contractors are qualified to do the testing and evaluation. After consulting the Task Force, the Secretary must also set loan-eligibility criteria under section 3605 based on the assessed health hazard using those leakage standards. After reviewing recommendations sent under section 3602(e)(5) and with the Task Force’s agreement, the Secretary must make regulations that tell local school systems in loan programs how to contain and remove asbestos, replace removed materials with suitable building materials, and restore buildings to their prior condition. The regulations must also set contractor qualifications. The Secretary must avoid duplicating similar Environmental Protection Agency activities whenever possible.

Full Legal Text

Title 20, §3606

Education, Source: USLM XML via OLRC

(a)Establishment and distribution to designated State agency or unit; establishment of criteria for loan program eligibility
(1)Within 120 days after the first meeting of the Task Force, and after consultation with the Task Force, the Secretary shall establish and distribute to the State agency or unit designated under section 3603(a)(4) of this title—
(A)procedures for testing the level of asbestos fibers in schools, including safety measures to be followed in conducting such tests;
(B)standards for evaluating (on the basis of such tests) the likelihood of the leakage of asbestos fibers into the school environment; and
(C)standards for determining which contractors are qualified to carry out the testing and evaluation described in this paragraph.
(2)After consulting with the Task Force, the Secretary shall establish criteria to be used for determining eligibility for loans under section 3605 of this title. The criteria shall be based on the assessment of the extent of the health hazards posed by the presence of asbestos fibers in schools, as determined in accordance with standards under paragraph (1)(B) of this subsection.
(b)Establishment of regulations
After reviewing recommendations submitted to the Secretary by the Task Force under section 3602(e)(5) of this title, the Secretary, with the concurrence of the Task Force, shall by regulation establish—
(1)procedures to be used by local educational agencies, in programs for which loans are made under section 3605 of this title, for—
(A)containing and removing asbestos materials in school buildings;
(B)replacing the asbestos materials removed from school buildings with other appropriate building materials; and
(C)restoring such school buildings to conditions comparable to those existing before asbestos containment or removal activities were undertaken; and
(2)standards for determining which contractors are qualified to carry out the activities referred to in paragraph (1).
(c)Avoidance of duplication of similar activities of Environmental Protection Agency
In carrying out his duties under this section, the Secretary shall avoid, to the maximum extent practicable, duplicating similar activities undertaken by the Environmental Protection Agency.

Reference

Citations & Metadata

Citation

20 U.S.C. § 3606

Title 20, Education

Last Updated

Sep 22, 2026

Release point: 119-110