20 U.S.C. § 4013 — State records and priority lists

Page 1209 TITLE 20—EDUCATION § 4013 Statutory Notes and Related Subsidiaries SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–637, § 1, Nov. 28, 1990, 104 Stat. 4589, pro- vided that: ‘‘This Act [enacting section 2656 of Title 15, Commerce and Trade, amending this section, sections 4012 to 4022 of this title, and sections 2643, 2646, and 2647 of Title 15, enacting provisions set out as notes under this section and sections 2646 and 2656 of Title 15, and amending provisions set out as a note under this sec- tion] may be cited as the ‘Asbestos School Hazard Abatement Reauthorization Act of 1990’.’’ SHORT TITLE SPub. L. 98–377, title V, § 501, Aug. 11, 1984, 98 Stat. 1287, as amended by Pub. L. 101–637, § 14(a)(1), Nov. 28, 1990, 104 Stat. 4594, provided that: ‘‘This title [enacting this subchapter] may be cited as the ‘Asbestos School Hazard Abatement Act of 1984’.’’ FINDINGS AND PURPOSES Pub. L. 101–637, § 2, Nov. 28, 1990, 104 Stat. 4589, pro- vided that: ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) The Environmental Protection Agency has es- timated that more than forty-four thousand school buildings contain friable asbestos, exposing more than fifteen million school children and one million five hundred thousand school employees to unwar- ranted health hazards. ‘‘(2) All elementary and secondary schools are re- quired by the Asbestos Hazard Emergency Response Act [of 1986, see Short Title of 1986 Amendment note set out under section 2601 of Title 15, Commerce and Trade] to inspect for asbestos, develop an asbestos management plan, and implement such plan. ‘‘(3) The Environmental Protection Agency has es- timated it will cost local education agencies more than $3,000,000,000 to comply with the Asbestos Haz- ard Emergency Response Act. ‘‘(4) Without a continuing program of information assistance, technical and scientific assistance, train- ing, and financial support, many local educational agencies will be unable to carry out sufficient re- sponse actions to prevent the release of asbestos fi- bers into the air. ‘‘(5) Without the provisions of sufficient financial support, the cost to local educational agencies of im- plementing asbestos response actions may have an adverse impact in their educational mission. ‘‘(6) The effective regulation of interstate com- merce for the protection of human health and the en- vironment requires the continuation of programs to mitigate hazards of asbestos fibers and materials emitting such fibers. ‘‘(b) PURPOSES.—The purposes of this Act [see Short Title of 1990 Amendment note above] are the following: ‘‘(1) To direct the Environmental Protection Agen- cy to maintain a program to assist local schools in carrying out their responsibilities under the Asbestos Hazard Emergency Response Act. ‘‘(2) To provide continuing scientific and technical assistance to State and local agencies to enable them to identify and abate asbestos health hazards. ‘‘(3) To provide financial assistance to State and local agencies for training of persons involved with inspections and abatement of asbestos, for con- ducting necessary reinspections of school buildings, and for the actual abatement of asbestos threats to the health and safety of school children or employees. ‘‘(4) To assure that no employee of a local edu- cational agency suffers any disciplinary action as a result of calling attention to potential asbestos haz- ards which may exist in schools.’’ § 4012. Asbestos hazard abatement program (a) Abatement program There is hereby established a program within the Environmental Protection Agency to be known as the Asbestos Hazards Abatement Pro- gram (hereinafter in this subchapter referred to as ‘‘Program’’). (b) Duties The duties of the Administrator in imple- menting and effectuating the Program shall in- clude— (1) the compilation of medical, scientific, and technical information including, but not limited to— (A) the health and safety hazards associ- ated with asbestos materials; (B) the means of identifying, sampling, and testing materials suspected of emitting asbestos fibers; and (C) the means of abating the threat posed by asbestos and asbestos containing mate- rials; (2) the distribution of the information de- scribed in paragraph (1) (in any appropriate form such as pamphlets, reports, or instruc- tions) to State and local educational agencies and to other institutions, including parent and employee organizations, for the purpose of carrying out activities described in this sub- chapter; (3) not later than November 15 of each year for which this subchapter is authorized, the development and distribution of applications, or notifications to all local educational agen- cies of the availability of application forms in- cluding information for obtaining such forms; and (4) the review of applications for financial assistance, and the approval or disapproval of such applications, in accordance with the pro- visions of section 4014 of this title. (Pub. L. 98–377, title V, § 503, Aug. 11, 1984, 98 Stat. 1288; Pub. L. 101–637, §§ 4, 14(a)(3), (b)(3), (4), Nov. 28, 1990, 104 Stat. 4590, 4594, 4595.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637, § 14(a)(3), made technical amend- ment to section catchline. Subsec. (a). Pub. L. 101–637, § 14(b)(3), inserted heading and struck out par. (1) designation before ‘‘There is hereby established’’. Subsec. (b). Pub. L. 101–637, § 14(b)(4), inserted head- ing. Subsec. (b)(2). Pub. L. 101–637, § 4(1), (2), substituted ‘‘educational agencies’’ for ‘‘agencies’’ and ‘‘institu- tions, including parent and employee organizations,’’ for ‘‘institutions’’. Subsec. (b)(3). Pub. L. 101–637, § 4(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘the development within forty-five days of August 11, 1984, of an interim or final application form, which shall be distributed promptly to local educational agencies; and’’. § 4013. State records and priority lists (a) Records The Governor of each State shall maintain records on— (1) the presence of asbestos materials in school buildings of local educational agencies; (2) the asbestos detection and abatement ac- tivities and other response actions conducted by local educational agencies (including ac- Page 1210 TITLE 20—EDUCATION § 4014 1 So in original. Probably should end with a period instead of ‘‘; and’’. tivities relating to the replacement of the as- bestos materials removed from school build- ings with other appropriate building mate- rials); and (3) repairs made to restore school buildings to conditions comparable to those which ex- isted before the abatement activities referred to in paragraph (2) were undertaken. (b) Priority list (1) Each year, in accordance with procedures established by the Administrator, the Governor of each State shall: (A) submit to the Administrator a priority list of all schools under the authority of a local educational agency within the State, without regard to the public or private nature of the school involved, that are candidates for abatement activities and other response ac- tions; and (B) forward to the Administrator for each candidate for abatement activities and other response actions all applications for financial assistance prepared by the local educational agencies in accordance with the provisions of section 4014 of this title; and 1 (2) The priority list shall rank the potential candidates for abatement action based on the nature and magnitude of the existing and poten- tial exposure presented by the asbestos mate- rials. (3) For each school listed, the Governor shall certify that the statement of need contained in the application for assistance accurately re- flects the financial resources available to the local educational agency for the asbestos abate- ment program. (4) For the purpose of determining the ade- quacy of the financial resources available to a local educational agency for the abatement of asbestos threats the Governor shall, to the ex- tent practicable, consider the following: (A) A measure of financial need used by the State in which the local educational agency is located. (B) The estimated per capita income of the locality of such agency or of those directly or indirectly providing financial support for such agency. (C) The extent to which the local school millage rate falls above or below (i) the millage rate average of the State and (ii) the millage rate of other local educational agen- cies with comparable enrollment, per capita income, and resource base. (D) The ratio, expressed as a percentage, of the estimated cost of the project to the total budget of the local educational agency. (E) The borrowing capacity of the local edu- cational agency. (F) Any additional costs to the local edu- cational agency of meeting the special needs of disadvantaged students. (G) Any other factor that demonstrates that the local educational agency has limited fi- nancial resources. (Pub. L. 98–377, title V, § 504, Aug. 11, 1984, 98 Stat. 1289; Pub. L. 101–637, §§ 5, 14(a)(4), (b)(5), (6), Nov. 28, 1990, 104 Stat. 4590, 4594, 4595.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637, § 14(a)(4), substituted ‘‘State records and priority lists’’ for ‘‘State plans’’ in section catchline. Subsec. (a). Pub. L. 101–637, §§ 5(a)(1), 14(b)(5), inserted heading and substituted ‘‘The Governor of each State shall maintain records on’’ for ‘‘Not later than three months after August 11, 1984, the Governor of each State shall submit to the Administrator a plan which describes the procedures to be used by the State for maintaining records on’’ in introductory provisions. Subsec. (a)(2). Pub. L. 101–637, § 5(a)(2), (3), inserted ‘‘and other response actions’’ after ‘‘abatement activi- ties’’ and inserted ‘‘and’’ after semicolon at end. Subsec. (a)(3). Pub. L. 101–637, § 5(a)(4), substituted ‘‘paragraph (2)’’ for ‘‘subparagraph (B)’’. Subsec. (b). Pub. L. 101–637, § 14(b)(6)(A), inserted heading. Subsec. (b)(1). Pub. L. 101–637, § 5(b)(1), substituted ‘‘Each year, in accordance with procedures established by the Administrator,’’ for ‘‘Not later than six months after August 11, 1984, and annually thereafter,’’ in in- troductory provisions. Subsec. (b)(1)(A). Pub. L. 101–637, §§ 5(b)(2), (3), 14(b)(6)(B), substituted ‘‘abatement activities and other response actions’’ for ‘‘abatement’’, struck out ‘‘and the Secretary of the Department of Education’’ after ‘‘submit to the Administrator’’, and inserted ‘‘and’’ after semicolon at end. Subsec. (b)(1)(B). Pub. L. 101–637, §§ 5(b)(2), 14(b)(6)(B), (C), substituted ‘‘abatement activities and other re- sponse actions’’ for ‘‘abatement’’, struck out ‘‘section 4012(b)(3) of this title and’’ before ‘‘section 4014’’, and struck out ‘‘and the Secretary of the Department of Education’’ after ‘‘forward to the Administrator’’. Subsec. (b)(1)(C). Pub. L. 101–637, § 5(b)(4), struck out subpar. (C) which read as follows: ‘‘forward to the Sec- retary of the Department of Education a copy of all in- formation submitted to the Administrator in accord- ance with subsection (b)(3) of this section.’’ Subsec. (b)(4)(C). Pub. L. 101–637, § 14(b)(6)(D), inserted a comma after ‘‘per capita income’’. Subsec. (b)(4)(F), (G). Pub. L. 101–637, § 5(c), added sub- par. (F) and redesignated former subpar. (F) as (G). Subsec. (c). Pub. L. 101–637, § 5(d), struck out subsec. (c) which read as follows: ‘‘Not later than nine months after the submission of the plan described in subsection (a) of this section, and each twelve months thereafter, the Governor shall submit to the Administrator a re- port which describes the actions taken by the State in accordance with its plan under such subsection.’’ § 4014. Financial assistance (a) Assistance Program There is hereby established within the Envi- ronmental Protection Agency an Asbestos Haz- ards Abatement Assistance Program (herein- after in this chapter referred to as the ‘‘Assist- ance 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 cri- teria 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 Adminis-