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20 U.S.C. § 4016 — Financial assistance

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4016 — Financial assistance

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Stable record: federal_law:legal_authorities:record_usc_1015822ce6207f5fe907bb45
Source file: Laws/federal/codes/united-states-code/title-20/section-4016-financial-assistance--aee1dbc255.md
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Source location: Title 20, Chapter 52, § 4016; chapter-052-education-for-economic-security.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4013/b/2&num=0&edition=prelim). (2) Pursuant to [section 4013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4013&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4013/b/4&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4013/b/2&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4013/b/4&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2641&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4022&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2641&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section2641&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4016&num=0&edition=prelim). (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. (4) Except as provided in [section 4021(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4021/b/1&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4022 — Definitions

For purposes of this subchapter: (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 “threat” or “hazard” means that an asbestos material is friable or easily damaged, or within reach of students or employees or otherwise susceptible to damage (including damage from water, vibration, 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 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim); and (B) the governing authority of any nonprofit elementary or secondary school. (5) The term “nonprofit elementary or secondary school” means— (A) any elementary school or secondary school as defined in [section 7801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim) 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 academic course in physical education; (C) other facilities used for the instruction of

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4022

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2641 — Congressional findings and purpose

**(a) Findings** The Congress finds the following: (1) The Environmental Protection Agency’s rule on local educational agency inspection for, and notification of, the presence of friable asbestos-containing material in school buildings includes neither standards for the proper identification of asbestos-containing material and appropriate response actions with respect to friable asbestos-containing material, nor a requirement that response actions with respect to friable asbestos-containing material be carried out in a safe and complete manner once actions are found to be necessary. As a result of the lack of regulatory guidance from the Environmental Protection Agency, some schools have not undertaken response action while many others have undertaken expensive projects without knowing if their action is necessary, adequate, or safe. Thus, the danger of exposure to asbestos continues to exist in schools, and some exposure actually may have increased due to the lack of Federal standards and improper response action. (2) There is no uniform program for accrediting persons involved in asbestos identification and abatement, nor are local educational agencies required to use accredited contractors for asbestos work. (3) The guidance provided by the Environmental Protection Agency in its “Guidance for Controlling Asbestos-Containing Material in Buildings” is insufficient in detail to ensure adequate responses. Such guidance is intended to be used only until the regulations required by this subchapter become effective. (4) Because there are no Federal standards whatsoever regulating daily exposure to asbestos in other public and commercial buildings, persons in addition to those comprising the Nation’s school population may be exposed daily to asbestos. **(b) Purpose** Th

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2641

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2601 — Findings, policy, and intent

**(a) Findings** The Congress finds that— (1) human beings and the environment are being exposed each year to a large number of chemical substances and mixtures; (2) among the many chemical substances and mixtures which are constantly being developed and produced, there are some whose manufacture, processing, distribution in commerce, use, or disposal may present an unreasonable risk of injury to health or the environment; and (3) the effective regulation of interstate commerce in such chemical substances and mixtures also necessitates the regulation of intrastate commerce in such chemical substances and mixtures. **(b) Policy** It is the policy of the United States that— (1) adequate information should be developed with respect to the effect of chemical substances and mixtures on health and the environment and that the development of such information should be the responsibility of those who manufacture and those who process such chemical substances and mixtures; (2) adequate authority should exist to regulate chemical substances and mixtures which present an unreasonable risk of injury to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and (3) authority over chemical substances and mixtures should be exercised in such a manner as not to impede unduly or create unnecessary economic barriers to technological innovation while fulfilling the primary purpose of this chapter to assure that such innovation and commerce in such chemical substances and mixtures do not present an unreasonable risk of injury to health or the environment. **(c) Intent of Congress** It is the intent of Congress that the Administrator shall carry out this chapter in a reasonable and prudent manner, and that the Admin

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 2601

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4013 — Findings and purpose

**(a) Findings** 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 concentration 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 remedying hazardous conditions in schools; (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 concentra

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 4013

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 2641 — Congressional findings and purpose

Page 1908 TITLE 15—COMMERCE AND TRADE § 2629 § 2629. Annual report The Administrator shall prepare and submit to the President and the Congress on or before Jan- uary 1, 1978, and on or before January 1 of each succeeding year a comprehensive report on the administration of this chapter during the pre- ceding fiscal year. Such reports shall include— (1) a list of the testing required under sec- tion 2603 of this title during the year for which the report is made and an estimate of the costs incurred during such year by the persons required to perform such tests; (2) the number of notices received during such year under section 2604 of this title, the number of such notices received during such year under such section for chemical sub- stances subject to a section 2603 rule, order, or consent agreement, and a summary of any ac- tion taken during such year under section 2604(g) of this title; (3) a list of rules issued during such year under section 2605 of this title; (4) a list, with a brief statement of the issues, of completed or pending judicial ac- tions under this chapter and administrative actions under section 2615 of this title during such year; (5) a summary of major problems encoun- tered in the administration of this chapter; and (6) such recommendations for additional leg- islation as the Administrator deems necessary to carry out the purposes of this chapter. (Pub. L. 94–469, title I, § 30, Oct. 11, 1976, 90 Stat. 2050; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989; amended Pub. L. 114–182, title I, § 19(s), June 22, 2016, 130 Stat. 510.) Editorial Notes AMENDMENTS 2016—Par. (2). Pub. L. 114–182 substituted ‘‘rule, order, or consent agreement’’ for ‘‘rule’’. Statutory Notes and Related Subsidiarie

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 2641

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 4016 — Annual report

Page 1213 TITLE 20—EDUCATION § 4016 to carry out inspections for asbestos-containing mate- rial 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.). § 4015. Administrative provisions (a) Regulations The Administrator shall promulgate rules and regulations as necessary to implement the au- thorities and requirements of this subchapter. (b) Procedures The Administrator also shall establish proce- dures to be used by local educational agencies, in programs for which financial assistance is made available under section 4014 of this title, for— (1) abating asbestos materials in school buildings; (2) replacing the asbestos materials removed from school buildings with other appropriate building materials; and (3) restoring such school buildings to condi- tions comparable to those existing before as- bestos containment or removal activities were undertaken. (c) Relationship to other laws Nothing contained in this subchapter shall be construed, interpreted, or applied to diminish in any way the level of protection required under any other State or Federal worker protection or other applicable laws. (d) Other authority In order to effectuate the purposes of this sub- chapter, the Administrator may also adopt such other procedures, standards, and regulations as the Administrator deems necessary, including— (1) procedures for testing the level of asbes- tos fibers in schools, including safety meas- ures to be followed in conducting such tests; (2) standards for evaluating (on the basis of such tests) the likelihood of the leakage of as- bestos fibers into the school environment; and (3) periodic reporting with respect to the ac- tivities that have taken

Source: Supplied 2024 U.S. Code historical extraction · 20 U.S.C. § 4016

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