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Title 20 — Education

Chapter 52 — Education for Economic Security

§ 4014. Financial assistance

Statutory text

(a)

Assistance Program

There is hereby established within the Environmental Protection Agency an Asbestos Hazards Abatement Assistance Program (hereinafter in this chapter referred to as the “Assistance Program”), which shall be administered in accordance with this section.

(b)

Application submission

(1)

Applications for financial assistance shall be submitted by a local educational agency to the Governor, or the Governor’s designee, who shall establish a priority list based on the criteria of section 4013(b)(2) of this title.

(2)

Pursuant to section 4013 of this title, the Governor shall submit applications, together with the Governor’s report and priority list, to the Administrator who shall review and rank such applications pursuant to subsection (c)(2) and propose financing pursuant to the criteria of section 4013(b)(4) of this title. The Administrator shall approve or disapprove applications for financial assistance no later than April 30 of each year.

(c)

Review of application

(1)

The Administrator shall provide financial assistance on a school-by-school basis to local educational agencies in accordance with other provisions of this section to carry out projects for—

(A)

abating the threat posed by materials containing asbestos to the health and safety of children or employees;

(B)

replacing the asbestos materials removed from school buildings with other appropriate building materials; and

(C)

restoring school buildings to conditions comparable to those existing before abatement activities were undertaken pursuant to this section.

(2)

The Administrator shall review and list in priority order applications for financial assistance. In ranking applications, the Administrator shall consider—

(A)

the priority assigned to the abatement program by the Governor pursuant to section 4013(b)(2) of this title; and

(B)
(i)

the likelihood of release of asbestos fibers into a school environment;

(ii)

any other evidence of the risk caused by the presence of asbestos including, but not limited to, situations in which there is a substantial quantity of dry loose asbestos-containing material on horizontal surfaces or asbestos-containing material is substantially deteriorated or damaged, and there is asbestos-containing material in an air plenum or in a high traffic area, confined space, or within easy reach of a passerby;

(iii)

the extent to which the corrective action proposed by the applicant will reduce the exposure of school children and school employees; and

(iv)

the extent to which the corrective action proposed by the applicant uses the least burdensome methods which protect human health and the environment.

(3)

In determining whether an applicant is eligible for assistance, and the nature and amount of financial assistance, the Administrator shall consider the financial resources available to the applicant as certified by the Governor pursuant to section 4013(b)(4) of this title.

(d)

Limitation

In no event shall financial assistance be provided under this subchapter to an applicant if—

(1)

the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program; or

(2)

the applicant is not in compliance with title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.).

(e)

Amount of loan or grant

(1)

An applicant for financial assistance may be granted a loan of up to 100 percent of the costs of an abatement program or, if the Administrator determines the applicant is unable to undertake and complete an asbestos materials abatement program with a loan, such applicant may also receive a grant (alone or in combination with a loan) not to exceed 50 percent of the total costs of abatement, in the amount which the Administrator deems necessary.

(2)

In approving any grant, the Administrator shall state with particularity the reasons why the applicant is unable to undertake and complete the abatement program with loan funds.

(f)

Loan agreement

Loans under this section shall be made pursuant to agreements which shall provide for the following:

(1)

the loan shall not bear interest;

(2)

the loan shall have a maturity period of not more than twenty years (as determined by the Administrator) and shall be repayable during such period at such times and in such amounts as the Administrator may specify in the loan agreement;

(3)

repayment shall be made to the Secretary of the Treasury for deposit in the Asbestos Trust Fund established by section 4022 of this title; and

(4)

such other terms and conditions that the Administrator determines necessary to protect the financial interest of the United States.

(g)

Application requirements

(1)

No financial assistance may be provided under this section unless an application has been submitted to the Administrator in accordance with such procedures as may be developed by the Administrator.

(2)

The Administrator shall not approve an application unless—

(A)

the application contains such information as the Administrator may require, including but not limited to information describing—

(i)

the nature and extent of the asbestos problem for which the assistance is sought;

(ii)

the asbestos content of the material to be abated;

(iii)

the methods which will be used to abate the asbestos materials;

(iv)

the amount and type of financial assistance requested;

(v)

a description of the financial resources of the local educational agency; and

(vi)

a justification for the type and amount of the financial assistance requested.

(B)

the application contains a certification that—

(i)

the local educational agency has prepared and is implementing an asbestos management plan, as required under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.); and

(ii)

all activities to be conducted with the financial assistance will be performed by individuals trained and accredited in conformance with title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.) and regulations promulgated under that title;

(C)

the application contains assurances that the local educational agency will furnish such information as is necessary for the Administrator to make the report required by section 4016 of this title.

(3)

No financial assistance may be provided by the Administrator under this section for projects described in subsection (a)(2) on which abatement action was completed prior to .

(4)

Except as provided in section 4021(b)(1) of this title, in approving applications the Administrator shall provide assistance to the local educational agencies having the highest priority among applications being considered in order of ranking until the appropriated funds are expended.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Asbestos School Hazard Abatement Act of 1984

    Pub. L. 98–377 title V § 505 · 98 Stat. 1267

    Enacted · 20 U.S.C. § 4014

    Pub. L. 98–377, title V, § 505, Aug. 11, 1984, 98 Stat. 1290

    Source evidence

    Code source credit
    Pub. L. 98–377, title V, § 505, Aug. 11, 1984, 98 Stat. 1290

    Enacted provision · exact public law section
    Sec. 505. financial assistance (a) There is hereby established within the Environmental Protection Agency an Asbestos Hazards Abatement Assistance Program (hereinafter in this Act referred to as the “Assistance Program”}, which shall be administered in accordance with this section. (b) (1) Applications for financial assistance shall be submitted by a local educational agency, to the Governor, or the Governor’s designee, who shall establish a priority list based on the criteria of section 504(b)(2). (2) Pursuant to section 504, applications shall be submitted, together with the Governor’s report and priority list, to the Administrator who shall review and rank such applications pursuant to section 505(c)(2) and propose financing pursuant to the criteria of section 504(b)(4). (3) Within sixty days of receipt of the information described in section 504(b)(1), the Secretary of the Department of Education shall review such information and, in the Secretary’s discretion, provide to the Administrator comments and recommendations based upon the needs of local educational agencies for financial assistance. Within sixty days of receipt of the Secretary’s report, or expiration of the time allowed for such report, the Administrator shall approve or disapprove applications for financial assistance. (c) (1) The Administrator shall provide financial assistance on a school-by-school basis to local educational agencies in accordance with other provisions of this section to carry out projects for— (A) abating the threat posed by materials containing asbestos to the health and safety of children or employees; (B) replacing the asbestos materials removed from school buildings with other appropriate building materials; and (C) restoring school buildings to conditions comparable to those existing before abatement activities were undertaken pursuant to this section. (2) The Administrator shall review and list in priority order applications for financial assistance. In ranking applications, the Administrator shall consider— (A) the priority assigned to the abatement program by the Governor pursuant to section 504(b)(2); (B) (i) the likelihood of release of asbestos fibers into a school environment; (ii) any other evidence of the risk caused by the presence of asbestos including, but not limited to, situations in which there is a substantial quantity of dry loose asbestos-containing material on horizontal surfaces or asbestos-containing material is substantially deteriorated or damaged, and there is asbestos-containing material in an air plenum or in a high traffic area, confined space or within easy reach of a passerby; (iii) the extent to which the corrective action proposed by the applicant will reduce the exposure of school children and school employees; and (iv) the extent to which the corrective action proposed by the applicant is cost-effective compared to other techniques including management of material containing asbestos. (3) In determining whether an applicant is eligible for assistance, and the nature and amount of financial assistance, the Administrator shall consider— (A) the financial resources available to the applicant as certified by the Governor pursuant to section 504(b)(4); and (B) the report, if any, of the Secretary of Education pursuant to section 504(b)(5). (d) In no event shall financial assistance be provided under this title to an applicant if the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program. In making such a determination, the Administrator may consult with the Secretary of Education. (e) (1) An applicant for financial assistance may be granted a loan Loans. Grants. of up to 100 per centum of the costs of an abatement program or, if the Administrator determines the applicant is unable to undertake and complete an asbestos materials abatement program with a loan, such applicant may also receive a grant (alone or in combination with a loan) not to exceed 50 per centum of the total costs of abatement, in the amount which the Administrator deems necessary. (2) In approving any grant, the Administrator shall state with Grants. particularity the reasons why the applicant is unable to undertake and complete the abatement program with loan funds. (f) Loans under this section shall be made pursuant to agreements Loans. which shall provide for the following: (1) the loan shall not bear interest; (2) the loan shall have a maturity period of not more than twenty years (as determined by the Administrator) and shall be repayable during such period at such times and in such amounts as the Administrator may specify in the loan agreement; (3) repayment shall be made to the Secretary of the Treasury for deposit in the general fund; and (4) such other terms and conditions that the Administrator determines necessary to protect the financial interest of the United States. (g) (1) No financial assistance may be provided under this section unless an application has been submitted to the Administrator within the five-year period beginning on the effective date of this title. (2) The Administrator shall not approve an application unless— (A) A) the application contains such information as the Administrator may require, including but not limited to information describing— (i) the nature and extent of the asbestos problem for which the assistance is sought; (ii) the asbestos content of the material to be abated; (iii) the methods which will be used to abate the asbestos materials; (iv) the amount and type of financial assistance requested; (v) a description of the financial resources of the local educational agency; and (vi) a justification for the type and amount of the financial assistance requested. (B) the application contains a certification that— (i) any employee engaged in an asbestos material abatement program will be trained and equipped pursuant to section 506(b)(2)(B); and (ii) no child or inadequately informed or protected school employee will be permitted in the vicinity of any asbestos abatement activity; (C) the application contains assurances that the local educational agency will furnish such information as is necessary for the Administrator to make the report required by section 507 of this title. (3) No financial assistance may be provided by the Administrator under this section for projects described in subsection (a)(2) on which abatement action was completed prior to January 1, 1984. (B) Except as provided in section 512(b)(1) in approving applications the Administrator shall provide assistance to the local educational agencies having the highest priority among applications being considered in order of ranking until the appropriated funds are expended.

  2. Asbestos Hazard Emergency Response Act of 1986

    Pub. L. 99–519 § 3(a) · 100 Stat. 2970

    Added · 20 U.S.C. § 4014(g)(4)

    Pub. L. 99–519 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 99–519 added par. (4).

    Enacted provision · exact public law section
    (a) Conforming Amendment to Asbestos School Hazard Abatement Act.— Section 505(g) of the Asbestos School Hazard Abatement Act of 1984 (Public Law 98–377; 20 U.S.C. 4011 et seq.) is amended by adding at the end the following new paragraph: “(4) (A) No financial assistance may be provided under this section to any school— “(i) which uses any person who has not been accredited Ante, p. 2980. pursuant to section 206(b) or 206(c) of the Toxic Substances Control Act, to carry out activities described in section 206(a) of that Act, or “(ii) which uses any laboratory which has not been accredited pursuant to section 206(d) of the Toxic Substances Control Act, to carry out activities described in such section. “(B) This paragraph shall apply to any financial assistance provided under this section after the date of the enactment of the Asbestos Hazard Emergency Response Act of 1986, for activities performed after the following dates: “(i) In the case of activities performed by persons, after the date which is one year after the date of the enactment of this title. “(ii) In the case of activities performed by laboratories, after the date which is 180 days after the date on which a laboratory accreditation program is completed under subsection (d).”.

  3. Pub. L. 100–368 § 6(b)(1) · 102 Stat. 829

    Substituted · 20 U.S.C. § 4014(g)(4)(B)(i)

    Pub. L. 100–368, § 6(b)(1), substituted reference to October 22, 1986, for reference to August 11, 1984

    Source evidence

    Code amendment note
    Subsec. (g)(4)(B)(i). Pub. L. 100–368, § 6(b)(1), substituted reference to October 22, 1986, for reference to August 11, 1984.

  4. Pub. L. 100–368 § 6(b)(2) · 102 Stat. 829

    Substituted · 20 U.S.C. § 4014(g)(4)(B)(ii)

    Pub. L. 100–368, § 6(b)(2), substituted “section 2646(d) of title 15” for “subsection (d)”

    Source evidence

    Code amendment note
    Subsec. (g)(4)(B)(ii). Pub. L. 100–368, § 6(b)(2), substituted “section 2646(d) of title 15” for “subsection (d)”.

  5. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(a)(5) · 104 Stat. 4589

    Changed · 20 U.S.C. § 4014

    Pub. L. 101–637, § 14(a)(5), made technical amendment to section catchline

    Source evidence

    Code amendment note
    Pub. L. 101–637, § 14(a)(5), made technical amendment to section catchline.

    Enacted provision · exact public law section
    (5) Section 505 is amended by striking out the section heading and “Sec. 505.” and inserting in lieu of the section heading the following: “SEC. 505. FINANCIAL ASSISTANCE.”.

  6. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(b)(7)(A) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4014(a)

    Pub. L. 101–637, § 14(b)(7)(A), inserted heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–637, § 14(b)(7)(A), inserted heading.

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting “Assistance Program.—” after “(a)”;

  7. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(b)(7)(B) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4014(b)

    Pub. L. 101–637, § 14(b)(7)(B), inserted heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 101–637, § 14(b)(7)(B), inserted heading.

    Enacted provision · exact public law section
    (B) in subsection (b), by inserting “Application Submission.—” after “(b)”;

  8. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(c)(1) · 104 Stat. 4589

    Struck · 20 U.S.C. § 4014(b)(1)

    Pub. L. 101–637, § 14(c)(1), struck out comma after “educational agency”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 101–637, § 14(c)(1), struck out comma after “educational agency”.

    Enacted provision · exact public law section
    (1) Section 505(b) is amended in paragraph (1) by striking out the comma after “educational agency”.

  9. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 6(a)(1) · 104 Stat. 4589

    1. Substituted · 20 U.S.C. § 4014(b)(2)

      Pub. L. 101–637, § 6(a)(1), (2), substituted “the Governor shall submit applications,” for “applications shall be submitted,”

    2. Inserted · 20 U.S.C. § 4014(b)(2)

      Pub. L. 101–637, § 6(a)(1), (2), inserted “The Administrator shall approve or disapprove applications for financial assistance no later than April 30 of each year.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–637, § 6(a)(1), (2), substituted “the Governor shall submit applications,” for “applications shall be submitted,” and inserted “The Administrator shall approve or disapprove applications for financial assistance no later than April 30 of each year.”

    Enacted provision · exact public law section
    (1) in paragraph (2), by striking out “applications shall be submitted,” and inserting in lieu thereof “the Governor shall submit applications,”;

  10. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 6(a)(3) · 104 Stat. 4589

    Struck · 20 U.S.C. § 4014(b)(3)

    Pub. L. 101–637, § 6(a)(3), struck out par. (3) which read as follows: “Within sixty days of receipt of the information described in section 4013(b)(1) of this title, the Secretary of the Department of Education shall review such information and, in the Secretary’s discretion, provide to the Administrator comments and recommendations based upon the needs of local educational agencies for financial assistance. Within sixty days of receipt of the Secretary’s report, or expiration of the time allowed for such report, the Administrator shall approve or disapprove applications for financial assistance.”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 101–637, § 6(a)(3), struck out par. (3) which read as follows: “Within sixty days of receipt of the information described in section 4013(b)(1) of this title, the Secretary of the Department of Education shall review such information and, in the Secretary’s discretion, provide to the Administrator comments and recommendations based upon the needs of local educational agencies for financial assistance. Within sixty days of receipt of the Secretary’s report, or expiration of the time allowed for such report, the Administrator shall approve or disapprove applications for financial assistance.”

    Enacted provision · exact public law section
    (3) by striking out paragraph (3).

  11. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(b)(7)(C) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4014(c)

    Pub. L. 101–637, § 14(b)(7)(C), inserted heading

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–637, § 14(b)(7)(C), inserted heading.

    Enacted provision · exact public law section
    (C) in subsection (c), by inserting “Review of Application.—” after “(c)”;

  12. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(c)(2)(A) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4014(c)(2)(A)

    Pub. L. 101–637, § 14(c)(2)(A), inserted “and” after semicolon at end

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 101–637, § 14(c)(2)(A), inserted “and” after semicolon at end.

    Enacted provision · exact public law section
    (A) in paragraph (2), by inserting “and” after the semicolon at the end of subparagraph (A); and

  13. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(c)(2)(B) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4014(c)(2)(B)(ii)

    Pub. L. 101–637, § 14(c)(2)(B), inserted a comma after “confined space”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B)(ii). Pub. L. 101–637, § 14(c)(2)(B), inserted a comma after “confined space”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting a comma after “confined space” in subparagraph (B)(ii) and after “techniques” in subparagraph (B)(iv).

  14. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(c)(2)(B) · 104 Stat. 4589

    Changed · 20 U.S.C. § 4014(c)(2)(B)(iv)

    Pub. L. 101–637, § 14(c)(2)(B), which directed the insertion of a comma after “techniques”, could not be executed because of the intervening amendment by Pub. L. 101–637, § 6(b). See below

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B)(iv). Pub. L. 101–637, § 14(c)(2)(B), which directed the insertion of a comma after “techniques”, could not be executed because of the intervening amendment by Pub. L. 101–637, § 6(b). See below.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting a comma after “confined space” in subparagraph (B)(ii) and after “techniques” in subparagraph (B)(iv).

  15. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 6(b) · 104 Stat. 4589

    Substituted · 20 U.S.C. § 4014(c)(2)(B)(iv)

    Pub. L. 101–637, § 6(b), substituted “uses the least burdensome methods which protect human health and the environment” for “is cost-effective compared to other techniques including management of material containing asbestos”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–637, § 6(b), substituted “uses the least burdensome methods which protect human health and the environment” for “is cost-effective compared to other techniques including management of material containing asbestos”.

    Enacted provision · exact public law section
    (b) Ranking Applications.— Subsection (c)(2)(B)(iv) of section 505 is amended by striking out “is cost-effective compared to other techniques including management of material containing asbestos” and inserting in lieu thereof “uses the least burdensome methods which protect human health and the environment”.

  16. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 6(c) · 104 Stat. 4589

    Substituted · 20 U.S.C. § 4014(c)(3)

    Pub. L. 101–637, § 6(c), substituted “shall consider the financial resources available to the applicant as certified by the Governor pursuant to section 4013(b)(4) of this title.” for “shall consider—

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 101–637, § 6(c), substituted “shall consider the financial resources available to the applicant as certified by the Governor pursuant to section 4013(b)(4) of this title.” for “shall consider—

    “(A) the financial resources available to the applicant as certified by the Governor pursuant to section 4013(b)(4) of this title; and “(B) the report, if any, of the Secretary of Education pursuant to section 4013(b)(5) of this title.”

    Enacted provision · exact public law section
    (c) Deletion of Reference to Department of Education Report.— Subsection (c)(3) of such section is amended by striking out “shall consider—” and all that follows through the end of the paragraph and inserting in lieu thereof the following: “shall consider the financial resources available to the applicant as certified by the Governor pursuant to section 504(b)(4).”.

  17. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 6(d) · 104 Stat. 4589

    1. Inserted · 20 U.S.C. § 4014(d)

      Pub. L. 101–637, § 6(d), inserted heading

    2. Amended · 20 U.S.C. § 4014(d)

      Pub. L. 101–637, § 6(d), amended text generally. Prior to amendment, text read as follows: “In no event shall financial assistance be provided under this subchapter to an applicant if the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program. In making such a determination, the Administrator may consult with the Secretary of Education.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–637, § 6(d), inserted heading and amended text generally. Prior to amendment, text read as follows: “In no event shall financial assistance be provided under this subchapter to an applicant if the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program. In making such a determination, the Administrator may consult with the Secretary of Education.”

    Enacted provision · exact public law section
    (d) Additional Limitation.— Subsection (d) of such section is amended to read as follows: “(d) Limitation.— In no event shall financial assistance be provided under this title to an applicant if— “(1) the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program; or “(2) the applicant is not in compliance with title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.).”.

  18. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(b)(7)(D) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4014(e)

    Pub. L. 101–637, § 14(b)(7)(D), inserted heading

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–637, § 14(b)(7)(D), inserted heading.

    Enacted provision · exact public law section
    (D) in subsection (e), by inserting “Amount of Loan or Grant.—” after “(e)”;

  19. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(c)(3) · 104 Stat. 4589

    Substituted · 20 U.S.C. § 4014(e)(1)

    Pub. L. 101–637, § 14(c)(3), substituted “percent” for “per centum” in two places

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 101–637, § 14(c)(3), substituted “percent” for “per centum” in two places.

    Enacted provision · exact public law section
    (3) Section 505(e) is amended by striking out “per centum” both places it appears and inserting in lieu thereof “percent”.

  20. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(b)(7)(E) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4014(f)

    Pub. L. 101–637, § 14(b)(7)(E), inserted heading

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–637, § 14(b)(7)(E), inserted heading.

    Enacted provision · exact public law section
    (E) in subsection (f), by inserting “Loan Agreement.—” after “(f)”; and

  21. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 6(e) · 104 Stat. 4589

    Substituted · 20 U.S.C. § 4014(f)(3)

    Pub. L. 101–637, § 6(e), substituted “for deposit in the Asbestos Trust Fund established by section 4022 of this title” for “for deposit in the general fund”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 101–637, § 6(e), substituted “for deposit in the Asbestos Trust Fund established by section 4022 of this title” for “for deposit in the general fund”.

    Enacted provision · exact public law section
    (e) Requirement to Deposit Funds into Asbestos Trust Fund.— Subsection (f) of such section is amended in paragraph (3) by striking out “for deposit in the general fund” and inserting in lieu thereof the following: “for deposit in the Asbestos Trust Fund established by section 5 of the Asbestos Hazard Emergency Response Act (Public Law 99–519; 20 U.S.C. 4022)”.

  22. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 14(b)(7)(F) · 104 Stat. 4589

    Inserted · 20 U.S.C. § 4014(g)

    Pub. L. 101–637, § 14(b)(7)(F), inserted heading

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–637, § 14(b)(7)(F), inserted heading.

    Enacted provision · exact public law section
    (F) in subsection (g), by inserting “Application Requirements.—” after “(g)”.

  23. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 6(f)(1) · 104 Stat. 4589

    Substituted · 20 U.S.C. § 4014(g)(1)

    Pub. L. 101–637, § 6(f)(1), substituted “in accordance with such procedures as may be developed by the Administrator” for “within the five-year period beginning on August 11, 1984”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 101–637, § 6(f)(1), substituted “in accordance with such procedures as may be developed by the Administrator” for “within the five-year period beginning on August 11, 1984”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking out “within the five-year period beginning on the effective date of this title” and inserting in lieu thereof “in accordance with such procedures as may be developed by the Administrator”;

  24. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 § 6(f)(2) · 104 Stat. 4589

    Amended · 20 U.S.C. § 4014(g)(2)(B)(i); 20 U.S.C. § 4014(g)(2)(B)(ii)

    Pub. L. 101–637, § 6(f)(2), amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) read as follows:

    Source evidence

    Code amendment note
    Subsec. (g)(2)(B)(i), (ii). Pub. L. 101–637, § 6(f)(2), amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) read as follows:

    “(i) any employee engaged in an asbestos material abatement program will be trained and equipped pursuant to section 4015(b)(2)(B) of this title; and “(ii) no child or inadequately informed or protected school employee will be permitted in the vicinity of any asbestos abatement activity;”.

    Enacted provision · exact public law section
    (2) in paragraph (2)(B), by amending clauses (i) and (ii) to read as follows: “(i) the local educational agency has prepared and is implementing an asbestos management plan, as required under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.); and “(ii) all activities to be conducted with the financial assistance will be performed by individuals trained and accredited in conformance with title II of the Toxic Sub-stances Control Act (15 U.S.C. 2641 et seq.) and regulations promulgated under that title;”; and

  25. Asbestos School Hazard Abatement Reauthorization Act of 1990

    Pub. L. 101–637 · 104 Stat. 4589

    1. Redesignated · 20 U.S.C. § 4014(g)(3); 20 U.S.C. § 4014(g)(4)

      Pub. L. 101–637, §§ 6(f)(3), 14(c)(4), redesignated subpar. (B) appearing after par. (3) as par. (4)

    2. Inserted · 20 U.S.C. § 4014(g)(3); 20 U.S.C. § 4014(g)(4)

      Pub. L. 101–637, §§ 6(f)(3), 14(c)(4), inserted a comma after “section 4021(b)(1) of this title”

    3. Struck · 20 U.S.C. § 4014(g)(3); 20 U.S.C. § 4014(g)(4)

      Pub. L. 101–637, §§ 6(f)(3), 14(c)(4), struck out former par. (4) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (g)(3), (4). Pub. L. 101–637, §§ 6(f)(3), 14(c)(4), redesignated subpar. (B) appearing after par. (3) as par. (4), inserted a comma after “section 4021(b)(1) of this title”, and struck out former par. (4) which read as follows:

    “(A) No financial assistance may be provided under this section to any school— “(i) which uses any person who has not been accredited pursuant to section 2646(b) or (c) of title 15, to carry out activities described in section 2646(a) of title 15, or “(ii) which uses any laboratory which has not been accredited pursuant to section 2646(d) of title 15, to carry out activities described in such section. “(B) This paragraph shall apply to any financial assistance provided under this section after October 22, 1986, for activities performed after the following dates: “(i) In the case of activities performed by persons, after the date which is one year after October 22, 1986. “(ii) In the case of activities performed by laboratories, after the date which is 180 days after the date on which a laboratory accreditation program is completed under section 2646(d) of title 15.”

24 of 29 references resolved to an enrolled provision · 5 partial

Editorial Notes

References in Text

The Toxic Substances Control Act, referred to in subsecs. (d)(2) and (g)(2)(B), is Pub. L. 94–469, , 90 Stat. 2003. Title II of the Act, as added by Pub. L. 99–519, § 2, , 100 Stat. 2970, is classified generally to subchapter II (§ 2641 et seq.) of chapter 53 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables.

Amendments1986–1990 · 3 rounds

1990

Pub. L. 101–637, § 14(a)(5), made technical amendment to section catchline.

Subsec. (a). Pub. L. 101–637, § 14(b)(7)(A), inserted heading.

Subsec. (b). Pub. L. 101–637, § 14(b)(7)(B), inserted heading.

Subsec. (b)(1). Pub. L. 101–637, § 14(c)(1), struck out comma after “educational agency”.

Subsec. (b)(2). Pub. L. 101–637, § 6(a)(1), (2), substituted “the Governor shall submit applications,” for “applications shall be submitted,” and inserted “The Administrator shall approve or disapprove applications for financial assistance no later than April 30 of each year.”

Subsec. (b)(3). Pub. L. 101–637, § 6(a)(3), struck out par. (3) which read as follows: “Within sixty days of receipt of the information described in section 4013(b)(1) of this title, the Secretary of the Department of Education shall review such information and, in the Secretary’s discretion, provide to the Administrator comments and recommendations based upon the needs of local educational agencies for financial assistance. Within sixty days of receipt of the Secretary’s report, or expiration of the time allowed for such report, the Administrator shall approve or disapprove applications for financial assistance.”

Subsec. (c). Pub. L. 101–637, § 14(b)(7)(C), inserted heading.

Subsec. (c)(2)(A). Pub. L. 101–637, § 14(c)(2)(A), inserted “and” after semicolon at end.

Subsec. (c)(2)(B)(ii). Pub. L. 101–637, § 14(c)(2)(B), inserted a comma after “confined space”.

Subsec. (c)(2)(B)(iv). Pub. L. 101–637, § 14(c)(2)(B), which directed the insertion of a comma after “techniques”, could not be executed because of the intervening amendment by Pub. L. 101–637, § 6(b). See below.

Pub. L. 101–637, § 6(b), substituted “uses the least burdensome methods which protect human health and the environment” for “is cost-effective compared to other techniques including management of material containing asbestos”.

Subsec. (c)(3). Pub. L. 101–637, § 6(c), substituted “shall consider the financial resources available to the applicant as certified by the Governor pursuant to section 4013(b)(4) of this title.” for “shall consider—

“(A) the financial resources available to the applicant as certified by the Governor pursuant to section 4013(b)(4) of this title; and

“(B) the report, if any, of the Secretary of Education pursuant to section 4013(b)(5) of this title.”

Subsec. (d). Pub. L. 101–637, § 6(d), inserted heading and amended text generally. Prior to amendment, text read as follows: “In no event shall financial assistance be provided under this subchapter to an applicant if the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement program. In making such a determination, the Administrator may consult with the Secretary of Education.”

Subsec. (e). Pub. L. 101–637, § 14(b)(7)(D), inserted heading.

Subsec. (e)(1). Pub. L. 101–637, § 14(c)(3), substituted “percent” for “per centum” in two places.

Subsec. (f). Pub. L. 101–637, § 14(b)(7)(E), inserted heading.

Subsec. (f)(3). Pub. L. 101–637, § 6(e), substituted “for deposit in the Asbestos Trust Fund established by section 4022 of this title” for “for deposit in the general fund”.

Subsec. (g). Pub. L. 101–637, § 14(b)(7)(F), inserted heading.

Subsec. (g)(1). Pub. L. 101–637, § 6(f)(1), substituted “in accordance with such procedures as may be developed by the Administrator” for “within the five-year period beginning on ”.

Subsec. (g)(2)(B)(i), (ii). Pub. L. 101–637, § 6(f)(2), amended cls. (i) and (ii) generally. Prior to amendment, cls. (i) and (ii) read as follows:

“(i) any employee engaged in an asbestos material abatement program will be trained and equipped pursuant to section 4015(b)(2)(B) of this title; and

“(ii) no child or inadequately informed or protected school employee will be permitted in the vicinity of any asbestos abatement activity;”.

Subsec. (g)(3), (4). Pub. L. 101–637, §§ 6(f)(3), 14(c)(4), redesignated subpar. (B) appearing after par. (3) as par. (4), inserted a comma after “section 4021(b)(1) of this title”, and struck out former par. (4) which read as follows:

“(A) No financial assistance may be provided under this section to any school—

“(i) which uses any person who has not been accredited pursuant to section 2646(b) or (c) of title 15, to carry out activities described in section 2646(a) of title 15, or

“(ii) which uses any laboratory which has not been accredited pursuant to section 2646(d) of title 15, to carry out activities described in such section.

“(B) This paragraph shall apply to any financial assistance provided under this section after , for activities performed after the following dates:

“(i) In the case of activities performed by persons, after the date which is one year after .

“(ii) In the case of activities performed by laboratories, after the date which is 180 days after the date on which a laboratory accreditation program is completed under section 2646(d) of title 15.”

1988

Subsec. (g)(4)(B)(i). Pub. L. 100–368, § 6(b)(1), substituted reference to , for reference to .

Subsec. (g)(4)(B)(ii). Pub. L. 100–368, § 6(b)(2), substituted “section 2646(d) of title 15” for “subsection (d)”.

1986

Subsec. (g)(4). Pub. L. 99–519 added par. (4).

Statutory Notes and Related Subsidiaries

Financial Assistance To Carry Out Inspections for Asbestos-Containing Material

Pub. L. 99–519, § 4(b), , 100 Stat. 2989, provided that, notwithstanding subsec. (c) of this section, for fiscal years 1988 and 1989 the Administrator would provide financial assistance under this section in the form of grants to States or local educational agencies to carry out inspections for asbestos-containing material in school buildings and preparation of management plans for school buildings under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.).

Credits

1984–1990 · 4 acts
  1. 1984Pub. L. 98–377, title V, § 505, , 98 Stat. 1290
  2. 1986Pub. L. 99–519, § 3(a), , 100 Stat. 2988
  3. 1988Pub. L. 100–368, § 6(b), , 102 Stat. 833
  4. 1990Pub. L. 101–637, §§ 6, 14(a)(5), (b)(7), (c)(1)–(4), , 104 Stat. 4591, 4594–4596.
Show as published

(Pub. L. 98–377, title V, § 505, , 98 Stat. 1290; Pub. L. 99–519, § 3(a), , 100 Stat. 2988; Pub. L. 100–368, § 6(b), , 102 Stat. 833; Pub. L. 101–637, §§ 6, 14(a)(5), (b)(7), (c)(1)–(4), , 104 Stat. 4591, 4594–4596.)

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