U.S. Code » Title 20 » Chapter CHAPTER 49— ASBESTOS SCHOOL HAZARD DETECTION AND CONTROL

20 U.S.C. § 3601

Congressional statement of findings and purposes

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(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 exceeding normal ambient air levels have been found in school buildings 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 conditions 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 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 chapter to identify and mitigate hazards from exposure to asbestos fibers and materials emitting such fibers.(b) It is the purpose of this chapter 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 applicable program (as defined under section 1221(c)(1)(A) 11 See References in Text note below. of this title) to prepare a plan describing the manner in which information relating to programs established under this chapter 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 mitigation 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.(Pub. L. 96–270, § 2, June 14, 1980, 94 Stat. 487.)Editorial NotesReferences in Text

Section 1221 of this title, referred to in subsec. (b)(2), was amended generally by Pub. L. 103–382, title II, § 211, Oct. 20, 1994, 108 Stat. 3912, and, as so amended, no longer contains a subsec. (c)(1)(A). However, the term “applicable program” is defined in subsec. (c)(1) of that section.

Statutory Notes and Related SubsidiariesShort Title

Pub. L. 96–270, § 1, June 14, 1980, 94 Stat. 487, provided that: “This Act [enacting this chapter and amending section 1411 of this title] may be cited as the ‘Asbestos School Hazard Detection and Control Act of 1980’.”

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1985–2023 · leading case: United States Fid. & Guar. Co. v. Wilkin Insulation Co., 578 N.E.2d 926 (Ill. 1991).
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United States Fid. & Guar. Co. v. Wilkin Insulation Co., 578 N.E.2d 926 (Ill. 1991). “, 20 U.S.C. §3601 et seq. (1988); 40 C.F.R.”
City of New York v. Keene Corp., 132 Misc. 2d 745 (N.Y. Sup. Ct. 1986). · cites it 3× “) and the regulations promulgated under it, (3) the Asbestos School Hazard Detection and Control Act ( 20 USC § 3601 et seq.) and the regulations promulgated under it, (4) the Toxic Substance and Control Act ( 15 USC § 2605 et seq.”
United States v. Certified Env't Servs., Inc., 753 F.3d 72 (2d Cir. 2014). “” 20 U.S.C. § 3601 (a)(3). Its complete removal is therefore required by both federal and state regulations.”
O'Brien v. Bellevue Pub. Schs., 289 Neb. 637 (Neb. 2014). · cites it 2× “(2012); and (3) the Asbestos School Hazard Detection and Control Act of 1980, 20 U.S.C. § 3601 et seq. (2012). The Court of Appeals stated that for the sake of completeness under our plain error review of the public policy exception to at-will employment, we have reviewed the…”
Mayor & City Council of Baltimore v. Utica Mut. Ins. Co., 802 A.2d 1070 (Md. Ct. Spec. App. 2002). “Concern over the effects of exposure to asbestos fibers has resulted in a maze of Federal and State regulations requiring local educational facilities and olher public building owners to identify the presence of asbestos in their buildings and take corrective measures to contain…”
James Leroy Jackson v. Johns-Manville Sales Corp. & Raybestos-Manhattan, Inc., 750 F.2d 1314 (5th Cir. 1985). “20 U.S.C. § 3601 (a)(3)(6). See Report of the Attorney General on Asbestos Liability, House Comm.”
Indep. Sch. Dist. No. 197 v. W.R. Grace & Co., 752 F. Supp. 286 (D. Minnesota 1990). “See Asbestos School Hazard Detection and Control Act, 20 U.S.C. § 3601 , et seq.; Asbestos School Hazard Abatement Act of 1984, 20 U.”
Wisniewski v. Johns-Manville Corp., 759 F.2d 271 (3rd Cir. 1985). “20 U.S.C. § 3601 (a)(3)(6). It is estimated that at least 14,000 schools will be affected.”
Sch. Dist. of Lancaster v. Lake Asbestos of Quebec, Ltd., 789 F.2d 996 (3rd Cir. 1986). “For other legislative responses to asbestos in the schools, see 20 U.S.C. § 3601 et seq.; 20 U.S.C. § 4011 et seq.”
Barnett v. City of Yonkers, 731 F. Supp. 594 (S.D.N.Y. 1990). “Similarly, in enacting the Asbestos School Hazard Detection and Control Act, 20 U.S.C. §§ 3601 et seq. (“Asbestos Act”), Congress found that: “[d]uring the period 1946 to 1972, asbestos materials, particularly in sprayed form, were used extensively in the construction and…”
Wallis v. Baldwin, 70 F.3d 1074 (9th Cir. 1995). “, 20 U.S.C. §§ 3601 (a)(3), 4011(a)(3) (noting the Congressional finding that medical science has not established any minimum level of exposure to asbestos considered safe).”
Asbestos Settlement Trust v. Cont'l Insur. Co, 299 F. App'x 850 (11th Cir. 2008). “See generally 20 U.S.C. § 3601 et seq. The first asbestos-related property-damage suits were filed in 1980, but Celotex was not a party.”
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