Asbestos School Hazard Detection and Control Act of 1980
PL 96-270 (S.1658), enacted 06/14/1980

PUBLIC LAW 96-270—JUNE 14, 1980 
94 STAT. 487 
Public Law 96-270 
96th Congress 
An Act 
To establish a program for the inspection of schools to detect the presence of 
hazardous asbestos materials, to provide loans to States or local educational 
gigencies to contain or remove hazardous asbestos materials from schools and to 
replace such materials with other suitable building materials, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Asbestos School Hazard 
Detection and Control Act of 1980". 
June 14, 1980 
[S. 1658] 
Asbestos School 
Hsizard 
Detection and 
Control Act of 
1980. 
20 u s e 3601 
note. 
FINDINGS AND PURPOSES 
SEC. 2. (a) The Congress finds that— 
(1) exposure to asbestos fibers has been identified over a long 
period of time and by reputable medical and scientific evidence 
as significantly increasing the incidence of cancer and other 
severe or fatal diseases, such as asbestosis; 
(2) medical evidence has suggested that children may be 
particularly vulnerable to environmentally induced cancers; 
(3) medical science has not established any minimum level of 
exposure to asbestos fibers which is considered to be safe to 
individuals exposed to the fibers; 
(4) substantial amounts of asbestos, particularly in sprayed 
form, have been used in school buildings, especially during the 
period 1946 through 1972; 
(5) partial surveys in some States have indicated that (A) in a 
number of school buildings materials containing asbestos fibers 
have become damaged or friable, causing asbestos fibers to be 
dislodged into the air, and (B) asbestos concentrations far exceed-
ing normal ambient air levels have been found in school build-
ings containing such damaged materials; 
(6) the presence in school buildings of 
friable or easily damaged 
asbestos creates an unwarranted hazard to the health of the 
school children and school employees who are exposed to such 
materials; 
(7) the Department of Health and Human Services and the 
Environmental Protection Agency, as well as several States, 
have attempted to publicize the potential hazards to school 
children and employees from exposure to asbestos fibers, but 
there is no systematic program for identifying hazardous condi-
tions in schools or for remedying those conditions; 
(8) because there is no Federal health standard regulating the 
concentration of asbestos fibers in noncommercial workplace 
environments such as schools, school employees and students 
20 u s e 3601. 
94 STAT. 488 
PUBLIC LAW 96-270—JUNE 14, 1980 
may be exposed to hazardous concentrations of asbestos fibers in 
the school buildings which they use each day; 
(9) without an improved program of information distribution, 
technical and scientific assistance, and financial support, many 
local educational agencies and States will not be able to mitigate 
the potential asbestos hazards in their schools; and 
(10) the effective regulation of interstate commerce for the 
protection of the public health requires the establishment of 
programs under this Act to identify and mitigate hazards from 
exposure to asbestos fibers and materials emitting such fibers. 
(b) It is the purpose of 
this Act to— 
(1) direct the Secretary of Education to establish a task force to 
assist States and local educational agencies to ascertain the 
extent of the danger to the health of school children and 
employees from asbestos materials in schools; 
(2) require States receiving administrative funds for any appli-
cable program (as defined under section 400(c)(1)(A) of the Gen-
20 use 1221. 
eral Education Provisions Act) to prepare a plan describing the 
manner in which information relating to programs established 
under this Act shall be distributed to local educational agencies; 
(3) provide scientific, technical, and financial assistance to 
State educational agencies and local educational agencies to 
enable them to conduct an asbestos detection program to identify 
asbestos hazards in schools; 
(4) provide loans to local educational agencies for the mitiga-
tion of asbestos hazards which constitute an imminent hazard to 
the health and safety of school children and employees; and 
(5) assure that no employee of any local educational agency 
suffers any disciplinary action as a result of calling attention to 
potential asbestos hazards which may exist in schools. 
TASK FORCE 
20 use 3602. 
SEC. 3. (a)(1) There is established a task force to be known as the 
Asbestos Hazards School Safety Task Force (hereinafter in this Act 
Members. 
referred to as "Task Force"). The Task Force shall be composed of ten 
members, who shall be appointed by the Secretary within 30 days 
after the effective date of this Act, as follows: 
(A) One representative of the Department of Education, 
recommended by the Secretary of Education. 
(B) One representative of the Department of Health and 
Human Services. 
(C) One representative of the National Cancer Institute. 
(D) One representative of the Environmental Protection 
Agency, recommended by the Administrator of such agency. 
(E) One representative of the National Institute of Environ-
mental Health Sciences. 
(F) One representative of the Occupational Safety and Health 
Administration, recommended by the Secretary of Labor. 
(G) Four representatives from among organizations concerned 
with education and health. 
Members of the Task Force shall be individuals who have knowledge 
of the medical problems associated with exposure to asbestos, or 
individuals who are familiar with procedures for the following 
activities: the containment or removal of asbestos from buildings; the 
replacement of asbestos materials removed from school buildings 
with other appropriate building materials; and the restoration of 
PUBLIC LAW 96-270—JUNE 14, 1980 
94 STAT. 489 
Chairman. 
Quorum. 
44 FR 58671. 
such buildings to conditions comparable to those existing before such 
containment or removal was carried out. 
(2) The Secretary shall designate a chairman of the Task Force 
from among its members. 
(3) Members shall be appointed for the life of the Task Force. Any 
vacancy in the Task Force shall be filled in the same manner in which 
the original appointment was made. 
(b)(1) The Task Force shall meet, no later than 30 days after the 
appointment of its members, at the call of the chairman of the Task 
Force. 
(2) Five members of the Task Force shall constitute a quorum for 
purposes of conducting the business of the Task Force, but a lesser 
number may hold hearings. 
(c)(1) Members of the Task Force who are not full-time officers or Compensation, 
employees of the Federal Government shall receive compensation at 
a rate determined by the Secretary, but not to exceed the daily 
equivalent of the maximum annual rate of pay in effect for grade 
GS-16 of the General Schedule, for each day (including traveltime) 
during which they are engaged in the performance of 
the duties of the 
Task Force. 
(2) While away from their homes or regular places of business in Travel expenses. 
the performance of the duties of the Task Force, all members of the 
Task Force shall be allowed travel expenses, including per diem in 
lieu of subsistence, in the same manner as persons employed inter-
mittently in the Government service are allowed expenses under 
section 5703 of title 5, United States Code. 
(d)(1) Upon request of the Task Force, the Secretary shall make 
available to the Task Force personnel of the Department of Education 
to assist the Task Force in carrying out its duties. 
(2) The Task Force may use the United States mails in the same 
manner and upon the same conditions as other departments and 
agencies of the United States. 
(e) The duties of the Task Force shall include— 
(1) the compilation of medical, scientific, and technical infor-
mation explaining— 
(A) the health and safety hazards associated with asbestos 
materials; and 
(B) the means of identifying, sampling, and testing materi-
als suspected of 
emitting asbestos fibers; 
(2) the distribution of the information described in paragraph 
(1) (in any appropriate form such as pamphlets, reports, or 
instructions) to State educationeil agencies and to local educa-
tional agencies for the purpose of assisting such agencies in 
carrying out activities described in this Act; 
(3) the review of applications for grants and loans under 
sections 5 and 6 of this Act, and the submission to the Secretary 
of recommendations respecting the approval or disapproval of 
such applications; 
(4) the review of any guidelines established by the Environ-
mental Protection Agency for identifying those schools in which 
exposure to asbestos fibers constitutes a health problem and for 
taking appropriate corrective actions at such schools, in order to 
determine whether any modifications of such guidelines should 
be recommended to the Secretary under paragraph (5); and 
(5) providing the Secretary with assistance in formulating 
standards and procedures under section 7 of this Act by— 
Duties. 
94 STAT. 490 
PUBLIC LAW 96-270—JUNE 14, 1980 
(A) submitting to the Secretary relevant information con-
cerning the results of the review made under paragraph (4) 
of this subsection; and 
(B) recommending such modifications to the guidelines 
referred to in such paragraph as the Task Force considers 
appropriate. 
In carrying out its duties under this subsection, the Task Force shall 
avoid, to the maximum extent practicable, duplicating similar activi-
ties undertaken by the Environmental Protection Agency. 
Termination. 
(f) The Task Force shall cease to exist at the end of the 180-day 
period beginning on the date that the authority of the Secretary to 
make loans under section 6 has expired. 
STATE PLAN 
20 use 3603. 
SEC. 4. (a) Not later than six months after the effective date of this 
Act, the State educational agency of any State which receives 
administrative funds for any applicable program (as defined under 
20 use 1221. 
section 400(c)(1)(A) of the General Education Provisions Act) shall 
submit to the Secretary a plan which— 
(1) describes the manner in which the State, not later than 
nine months after the effective date of this Act, shall distribute 
to local educational agencies within that State's jurisdiction 
information describing— 
(A) the programs established under this Act; 
(B) the health hazards associated with exposure to asbestos 
fibers; and 
(C) the procedures established by the Secretary under 
section 7 for carr5dng out activities under programs under 
this Act, and such other relevant information regarding 
such activities as the State considers desirable; 
(2) contains a general description of the content of the informa-
tion to be distributed in accordance with paragraph (1) and 
provides assurances that the State shall continually revise such 
information and distribute such revised material to local educa-
tional agencies to ensure that such agencies have available to 
them the most recent material available with regard to the 
matters referred to in paragraph (1); 
(3) describes the procedures to be used by the State for 
maintaining records on— 
(A) the presence of asbestos materials in school buildings 
of local educational agencies; 
(B) the asbestos detection, containment, or removal activi-
ties conducted by local educational agencies (including activ-
ities relating to the replacement of the asbestos materials 
removed from school buildings with other appropriate build-
ing materials); and 
(C) repairs made to restore school buildings to conditions 
comparable to those existing before the containment or 
removal activities referred to in subparagraph (B) were 
undertaken; and 
(4) designates a State agency or other administrative unit with 
the responsibility for submitting to the Secretary the reports 
described in subsection (b) of this section and provides assurances 
that such agency or unit shall carry out the duties specified 
under subsection (b). 
PUBLIC LAW 96-270—JUNE 14, 1980 
94 STAT. 491 
(b) Not later than six months after the submission of the plan 
described in subsection (a), and each six months thereafter during the 
two-year period beginning on the effective date of this Act, the State 
agency or unit designated under paragraph (4) of subsection (a) shall 
submit to the Secretary a report which describes the actions taken by 
the Staite in accordance with its plan under such subsection. 
Report to 
Secretary. 
ASBESTOS HAZARDS DETECTION PROGRAM 
Grants. 
20 u s e 3604. 
Time limitation. 
SEC. 5. (a)(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 Secre-
tary under section 7(a)(1) of this Act. Grants may be made under this 
section only during the two-year period beginning on the effective 
date of 
this Act. 
(B) The Secretary may make grants to State educational agencies 
for the Federal share of the costs of carrying out any asbestos 
detection program i
f
— 
(i) the State,, through the State educational agency or some 
other appropriate State agency, is making grants to local educa-
tional agencies for asbestos hazard detection programs, and 
(ii) such programs meet the standards established by the 
Secretary under section 7(a)(1) of 
this Act. 
(C) Grants may be made under this section only during the two-
year period beginning after the date of enactment of this Act. 
(2) Subject to the second sentence of this paragraph, the Federal Federal share 
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, 
£is 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)(1) No grant may be made under this section unless an applica-
tion 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 educa-
tional agencies receiving grants from the State, to determine 
whether hazardous concentrations of £isbestos fibers or materials 
emitting such fibers exist in school buildings under the jurisdic-
tion 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 eissurances that the program shall be carried out 
in accordance with standards established by the Secretary under 
section 7(a)(1) and that any party employed to conduct such 
testing shall satisfy the competency standards established under 
such section; and 
Application for 
grant. 
94 STAT. 492 
PUBLIC LAW 96-270—JUNE 14, 1980 
Report to 
Secretary. 
Limitation of 
funds. 
(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 the effective 
date of this Act 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 con-
forms to the requirements established by the Secretary under 
section 7(aXl). 
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) 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 pro-
gram, 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) 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. 
20 u s e 3605. 
Limitation on 
loan amount. 
ASBESTOS HAZARDS CONTROL LOAN PROGRAM 
SEC. 6. (a)(1) There is established within the Department of Educa-
tion an Asbestos Hazards Control Loan Program (hereinafter in this 
Act 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 contain-
ing asbestos in school buildings in which such materials pose 
an imminent hazard to the health and safety of children or 
employees; 
PUBLIC LAW 96-270—JUNE 14, 1980 
94 STAT. 493 
(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 7(a)(2). 
(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. 
O
b
) 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 Act. 
(c)(1) No loan may be made under this section unless an application 
has been submitted to and approved by the Secretary, after consulta-
tion with the Task Force, within the two-year period beginning on the 
effective date of this Act. The Secretary may not approve an applica-
tion 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, £is determined 
under preliminary testing which was conducted in accord-
ance with the standards established by the Secretary under 
section 7(a)(1), or, in the case of testing conducted before the 
effective date of this Act, 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 70b) of this 
Act, and any other pertinent details relating to the project or 
projects to be conducted by the applicant (as described in 
subsection (a)(2)); 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 
Increase of loan 
amount. 
Terms and 
condition. 
Loan 
application. 
94 STAT. 494 
PUBLIC LAW 96-270—JUNE 14, 1980 
Time limitation. 
Reports to 
congressional 
committees. 
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) 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 7(b). 
No loan may be awarded under this section for any project described 
in subsection (a)(2) which was completed before January 1, 1976. 
(d) During each of the three calendar years after the year in which 
this Act is enacted, 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 calen-
dar 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 disap-
proved during the preceding calendar year and describe the 
reasons for such disapprovals. 
20 use 3606. 
Eligibility 
criteria. 
STANDARDS AND SAFETY PROCEDURES 
SEC. 7. (a)(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 4(a)(4)— 
(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 quali-
fied 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 6 of this Act. The criteria shall be based on the 
assessment of the extent of the health hazards posed by the presence 
PUBLIC LAW 96-270—JUNE 14, 1980 
94 STAT. 495 
of asbestos fibers in schools, £is determined in accordance with 
standards under paragraph (1)(B) of this subsection. 
(b) After reviewing recommendations submitted to the Secretary by Regulations, 
the Task Force under section 3(e)(5), the Secretary, with the concur-
rence 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 6, 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 compara-
ble 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) In carrying out his duties under this section, the Secretary shall 
avoid, to the maximum extent practicable, duplicating similar activi-
ties undertaken by the Environmental Protection Agency. 
RECOVERY OF COSTS BY THE UNITED STATES 
SEC. 8. (a)(1) As a condition of the award of any grant under section 
5 or loan under section 6, the recipient of any such grant or loan shall 
permit the United States to sue on behalf of such recipient any person 
determined by the Attorney General to be liable to the recipient for 
the costs of any activities undertaken by the recipient under such 
sections. 
(2) The proceeds from any judgment recovered in any suit brought 
by the United States under paragraph (1) (or, if the recipient files a 
similar suit on its own behalf, the proceeds from any judgment 
recovered by the recipient in such suit) shall be used to repay to the 
United States, to the extent that the proceeds are sufficient to 
provide for such repayment, an amount equal to the sum o
f
— 
(A) the amount of any grant made to the recipient under 
section 5; 
(B) the amount outstanding on any loan made to the recipient 
under section 6; and 
(C) an amount equal to the interest which would have been 
charged on such loan were the loan made by a commercial lender 
at prevailing interest rates (as determined by the Secretary). 
(b) The Attorney General shall conduct an investigation to deter-
mine whether, by using all available means, the United States should 
or could recover, from any person determined by the Attorney 
General to be liable for such costs, the amounts expended by the 
United States to carry out this Act. Within one year after the 
effective date of this Act, the Attorney General shall submit to the 
Congress a report containing the results of the study, together with 
any appropriate recommendations. 
(c) If the Attorney General determines in the report under subsec-
tion (b) that the United States should seek to recover the amounts 
expended by the United States to carry out this Act, the Attorney 
General shall proceed in an expeditious manner to recover such 
amounts from the persons referred to in subsection (b). 
20 u s e 3607. 
Investigation by 
Attorney 
General. 
Report to 
Congress. 
79-194 
O—81—pt. 1 
35 : QL3 
94 STAT. 496 
PUBLIC LAW 96-270—JUNE 14, 1980 
EMPLOYEE PROTECTION 
20 use 3608. 
SEC. 9. No State or local educational agency receiving assistance 
under this Act may discharge any employee or otherwise discrimi-
nate against any employee with respect to the employee's compensa-
tion, terms, conditions, or privileges of emplojnnent because the 
employee has brought to the attention of the public information 
concerning any asbestos problem in the school buildings within the 
jurisidiction of such agency. 
RETAINED RIGHTS 
20 use 3609. 
SEC. 10. Except as otherwise provided in section 8, nothing in this 
Act shall— 
(1) affect the right of any party to seek legal redress in 
connection with the purchase or insteillation of asbestos materi-
als in schools or any claim of disability or death related to 
exposure to asbestos in a school setting; or 
(2) affect the rights of any party under any other law. 
DEFINITIONS 
20 use 3610. 
SEC. 11. For purposes of 
this Act— 
(1) the term "asbestos" means— 
(A) chrysotile, amosite, or crocidolite; or 
(B) in fibrous form, tremolite, anthophyllite, or actinolite; 
(2) the term "Attorney General" means the Attorney General 
of the United States; 
(3) the term "imminent hazard to the health and safety" 
means, for purposes of section 6, that an asbestos materisd is, 
according to standards established by the Secretary, friable or 
easily damaged, or within easy reach of students or otherwise 
susceptible to damage (including damage from water or air 
circulation) which could result in the dispersal of asbestos fibers 
into the school environment; 
(4) the term "local educational agency" means— 
(A) any local educational agency as defined in section 
198(a)(10) of 
the Elementary and Secondary Education Act of 
20 use 2854. 
1965; and 
(B) the governing authority of any nonprofit elementary or 
secondary school; 
(5) the term "nonprofit elementary or secondary school" 
means— 
(A) any elementary or secondary school (as defined in 
section 198(a)(7) of the Elementary and Secondary Education 
Act of 1965) owned and operated by one or more nonprofit 
corporations or associations no part of the net earnings of 
which inures, or may lawfully inure, to the benefit of any 
private shareholder or individual, and 
(B) any school of 
any agency of 
the United States; 
(6) the term "school buildings" means— 
(A) structures suitable for use as classrooms, laboratories, 
libraries, school eating facilities, or facilities used for the 
preparation of food; 
(B) any gymnasium or other facility which is specially 
designed for athletic or recreational activities for an aca-
demic course in physical education; 
PUBLIC LAW 96-270—JUNE 14, 1980 
94 STAT. 497 
(C) other facilities used for the instruction of students, for 
research, or for the administration of educational or 
research programs; and 
(D) maintenance, storage, or utility facilities essential to 
the operation of the facilities described in subparagraphs (A) 
through (C) of this paragraph; 
(7) the term "Secretary" means the Secretary of Education, or 
his designee; 
(8) the term "State" means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Northern Mariana 
Islands, the Trust Territory of the Pacific Islands, the Bureau of 
Indian Affairs, and the Office of Overseas Schools of the Depart-
ment of 
Defense; and 
(9) the term "State educational agency" has the same meaning 
given such term by section 198(aX17) of the Elementary and 
Secondary Education Act of 1965. 
20 use 2854. 
AUTHOMZATION OP APPROPRIATIONS 
SEC. 12. (aXD There are authorized to be appropriated— 
20 use 3611. 
(A) for the asbestos detection program under section 5, for the 
fiscal year ending September 30, 1981, and for the succeeding 
fiscal year, a total of not more than $22,500,000; and 
(B) for the asbestos hazards control loan program under section 
6, not more than $75,000,000 for the fiscal year ending Septem-
ber 30,1981, and $75,000,000 for the fiscal year ending Septem-
ber 30,1982. 
(2) Sums appropriated under paragraph (1) of this subsection shall 
remain available for obligation until September 30,1983. 
(b) Programs under this Act shall be considered automatically 
eligible for the one-year contingent extension under section 414 of the 
General Education Provisions Act, 
20 use 1226a. 
(c) If funds appropriated to carry out this Act are insufficient to pay ^i?Jf 
"^^^^ ^^^ 
the total amount required to raake all the gremts and loans author-
ized under this Act, the Secretary shall establish criteria to be used in 
determining which applicants for grants or loans under this Act have 
the greatest financial need for receiving funds under this Act and 
shall make determinations regarding the approval of applications for 
such grants or loans in accordance with such criteria. 
(d) Notwithstanding any other provision of this Act, the authority 
of the Secretary to enter into agreements, or to make payments, 
under this Act shall be effective for any fiscal year only to the extent 
or in such amounts as are provided in appropriation Acts. 
criteria. 
94 STAT. 498 
PUBLIC LAW 96-270—JUNE 14, 1980 
AMENDMENT TO THE EDUCATION OF THE HANDICAPPED ACT 
SEC. 13. Section 611(c)(2)(A)(i)(II) of the Education of the Handi-
20 use 1411. 
capped Act is amended by striking out "$200,000" and inserting in 
lieu thereof "$300,000". 
Approved June 14, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-197 accompanying H.R. 3282 (Comm. on Education and 
Labor). 
SENATE REPORT No. 96-710 (Comm. on Labor and Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 125 (1979): Dec. 3, 13, H.R. 3282 considered and passed House. 
Vol. 126 (1980): May 22, S. 1658 considered and passed Senate in lieu of 
H.R. 3282. 
May 30, considered and passed House.