Asbestos School Hazard Detection and Control Act of 1979

(Measure passed House, amended, roll call #729 (336-63))

Asbestos School Hazard Detection and Control Act of 1979 - States the purposes of this Act to be to: (1) establish a Federal task force to ascertain the extent of the danger from asbestos materials in schools to children or employees; (2) require States to establish programs for asbestos inspection in schools; (3) provide scientific, technical, and financial assistance to local educational agencies; (4) provide loans for the mitigation of serious asbestos hazards in schools; and (5) assure that no disciplinary action be taken against employees for calling attention to such hazards.

Establishes the Asbestos Hazards School Safety Task Force. States that such Task Force's duties shall include: (1) compiling and disseminating medical, scientific, and technical materials to State and local entities; (2) reviewing and approving State applications for grants and loans; and (3) reviewing Environmental Protection Agency (EPA) guidelines established to identify schools in which exposure to asbestos constitutes a health problem and for taking corrective action at such schools; and (4) assisting in formulating standards and procedures by recommending modifications to such guidelines. Stipulates that the Task Force shall avoid duplicating activities undertaken by the EPA.

Requires State educational agencies which seek administrative funds to submit to the Secretary a plan which: (1) describes the manner in which such State shall disseminate information on the health hazards of asbestos fibers; (2) describes the content of such information; and (3) describes the procedures to be used by the State in maintaining records on asbestos.

Authorizes the Secretary to make grants to local educational agencies for the Federal share of the costs of carrying out an asbestos detection program meeting the standards of this Act.

Prohibits the making of such grants unless an application has been submitted to and approved by the Secretary after consultation with the task force.

Authorizes the Secretary to allocate up to 20 percent of such asbestos detection funds for use in education and technical assistance programs related to the detection of asbestos hazards and the mitigation of such hazards. Requires recipients of such asbestos detection funds to file a report with the Secretary describing detection and testing activities undertaken, the results, and the plan for correcting any discovered asbestos hazards.

Establishes an Asbestos Hazards Control Loan Program in the Department of Health, Education, and Welfare. Stipulates that loans from such program shall be: (1) available only to correct imminent asbestos hazards in schools to school children or school employees and thereafter to restore the schools; (2) limited to projects covering more than 2,500 square feet; (3) for a period not exceeding 20 years; and (4) interest free.

Requires applications for such loans to describe: (1) the nature of the asbestos problem; (2) the results of preliminary testing; and (3) the methods to be used to correct such problem.

Requires the Secretary to report annually to the appropriate House and Senate committees regarding such loan program.

Directs the Secretary to promulgate and distribute to the States safety standards and procedures for testing the level of asbestos in schools, for determining the likelihood of the leakage of asbestos into the school environment, and for determining which contractors are qualified to carry out testing and evaluation procedures. Requires the Secretary, with the concurrence of the Task Force, to establish procedures for the removal of asbestos in and the restoration of schools. Stipulates that the Secretary shall avoid duplicating activities undertaken by the EPA.

Requires the recipient of any grant or loan to permit the United States to sue on behalf of such recipient in order to recover the costs of such grants and loans.

Stipulates that no employer receiving funds under this Act shall discharge or discriminate against any worker who focuses public attention on an asbestos problem in his or her school district.

Stipulates that nothing in this Act shall restrict any other legal rights in connection with the purchase or installation of asbestos materials in schools, or with any claim of disability or death from exposure to asbestos in a school setting.

Authorizes appropriations for the asbestos detection program and the hazards control loan program through fiscal year 1982.