20 U.S.C. § 4014 — Financial assistance

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- Page 1211 TITLE 20—EDUCATION § 4014 trator 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 assist- ance. In ranking applications, the Adminis- trator 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 fi- bers 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 sub- stantial quantity of dry loose asbestos-con- taining material on horizontal surfaces or as- bestos-containing material is substantially de- teriorated 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 ac- tion proposed by the applicant will reduce the exposure of school children and school employ- ees; and (iv) the extent to which the corrective ac- tion proposed by the applicant uses the least burdensome methods which protect human health and the environment. (3) In determining whether an applicant is eli- gible 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 pro- vided under this subchapter to an applicant if— (1) the Administrator determines that such applicant has resources adequate to support an appropriate asbestos materials abatement pro- gram; 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 Admin- istrator 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 combina- tion 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 com- plete the abatement program with loan funds. (f) Loan agreement Loans under this section shall be made pursu- ant 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 dur- ing 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 Sec- retary of the Treasury for deposit in the As- bestos Trust Fund established by section 4022 of this title; and (4) such other terms and conditions that the Administrator determines necessary to pro- tect 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 accord- ance with such procedures as may be developed by the Administrator. (2) The Administrator shall not approve an ap- plication unless— (A) the application contains such informa- tion as the Administrator may require, includ- ing but not limited to information describ- ing— (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 as- sistance 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 re- quested. (B) the application contains a certification that— (i) the local educational agency has pre- pared and is implementing an asbestos man- agement 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 in- dividuals trained and accredited in conform- ance with title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.) and regu- lations promulgated under that title; (C) the application contains assurances that the local educational agency will furnish such information as is necessary for the Adminis- Page 1212 TITLE 20—EDUCATION § 4014 trator 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 Janu- ary 1, 1984. (4) Except as provided in section 4021(b)(1) of this title, in approving applications the Admin- istrator 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 ex- pended. (Pub. L. 98–377, title V, § 505, Aug. 11, 1984, 98 Stat. 1290; Pub. L. 99–519, § 3(a), Oct. 22, 1986, 100 Stat. 2988; Pub. L. 100–368, § 6(b), July 18, 1988, 102 Stat. 833; Pub. L. 101–637, §§ 6, 14(a)(5), (b)(7), (c)(1)–(4), Nov. 28, 1990, 104 Stat. 4591, 4594–4596.) Editorial Notes REFERENCES IN TEXT The Toxic Substances Control Act, referred to in sub- secs. (d)(2) and (g)(2)(B), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003. Title II of the Act, as added by Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2970, is classified gen- erally to subchapter II (§ 2641 et seq.) of chapter 53 of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. AMENDMENTS 1990—Pub. L. 101–637, § 14(a)(5), made technical amend- ment 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 ‘‘applica- tions shall be submitted,’’ and inserted ‘‘The Adminis- trator shall approve or disapprove applications for fi- nancial 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 edu- cational 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), in- serted 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 ‘‘tech- niques’’, could not be executed because of the inter- vening amendment by Pub. L. 101–637, § 6(b). See below. Pub. L. 101–637, § 6(b), substituted ‘‘uses the least bur- densome methods which protect human health and the environment’’ for ‘‘is cost-effective compared to other techniques including management of material con- taining 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 sec- tion 4013(b)(4) of this title.’’ for ‘‘shall consider— ‘‘(A) the financial resources available to the appli- cant as certified by the Governor pursuant to section 4013(b)(4) of this title; and ‘‘(B) the report, if any, of the Secretary of Edu- cation 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 re- sources adequate to support an appropriate asbestos materials abatement program. In making such a deter- mination, the Administrator may consult with the Sec- retary 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 head- ing. Subsec. (f)(3). Pub. L. 101–637, § 6(e), substituted ‘‘for deposit in the Asbestos Trust Fund established by sec- tion 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 August 11, 1984’’. 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 pursu- ant 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), re- designated 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 fol- lows: ‘‘(A) No financial assistance may be provided under this section to any school— ‘‘(i) which uses any person who has not been accred- ited 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 as- sistance 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 labora- tories, after the date which is 180 days after the date on which a laboratory accreditation program is com- pleted under section 2646(d) of title 15.’’ 1988—Subsec. (g)(4)(B)(i). Pub. L. 100–368, § 6(b)(1), sub- stituted reference to October 22, 1986, for reference to August 11, 1984. Subsec. (g)(4)(B)(ii). Pub. L. 100–368, § 6(b)(2), sub- stituted ‘‘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), Oct. 22, 1986, 100 Stat. 2989, pro- vided 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 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 place using funds loaned or granted under this subchapter. (Pub. L. 98–377, title V, § 506, Aug. 11, 1984, 98 Stat. 1292; Pub. L. 101–637, §§ 7, 14(a)(6), (b)(8), (9), Nov. 28, 1990, 104 Stat. 4592, 4594, 4595.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637 inserted section catchline. Subsec. (a). Pub. L. 101–637, § 14(b)(8), inserted head- ing. Subsec. (b). Pub. L. 101–637, § 7(2), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘The Administrator shall also establish— ‘‘(1) procedures to be used by local educational agencies, in programs for which financial assistance is made available under section 4014 of this title for— ‘‘(A) abating asbestos materials in school build- ings; ‘‘(B) replacing the asbestos materials removed from school buildings with other appropriate build- ing materials; and ‘‘(C) restoring such school buildings to conditions comparable to those existing before asbestos con- tainment or removal activities were undertaken; and ‘‘(2) within ninety days, standards for deter- mining— ‘‘(A) which contractors are qualified to carry out the activities referred to in paragraph (1), and ‘‘(B) what training, equipment, protective cloth- ing and other information and material must be supplied to adequately advise and protect school employees utilized to carry out the activities in paragraph (1). ‘‘(3) nothing contained in this subchapter shall be construed, interpreted or applied to diminish in any way the level of protection required under State or Federal worker protection laws.’’ Subsec. (c). Pub. L. 101–637, § 7(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 101–637, §§ 7(1), 14(b)(9), redesig- nated subsec. (c) as (d), inserted heading, and inserted a comma after ‘‘standards’’ in introductory provisions. § 4016. Annual report During each calendar year until 1999, the Ad- ministrator shall prepare and submit, not later than June 1 of each year, to the Committee on Environment and Public Works of the Senate and to the Committee on Energy and Commerce of the House of Representatives a report on the loan and grant program authorized by section 4014 of this title. (1) describe the number of applications re- ceived; (2) describe the number of loans and grants made in the preceding calendar year and speci- fy each applicant for and recipient of a loan or grant; (3) specify the number of loan or grant appli- cations which were disapproved during the preceding calendar year and describe the rea- sons for such disapprovals; (4) describe the types of programs for which loans or grants were made; (5) specify the estimated total costs of such programs to the recipients of loans or grants and specify the amount of loans or grants made under the program authorized by this section; and (6) estimate the number of schools still in need of assistance and the amount of resources needed by such schools, categorized by State, to abate all remaining asbestos hazards. (Pub. L. 98–377, title V, § 507, Aug. 11, 1984, 98 Stat. 1293; Pub. L. 101–637, §§ 8, 14(a)(7), Nov. 28, 1990, 104 Stat. 4592, 4594.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637, § 14(a)(7), made technical amend- ment to section catchline. Pub. L. 101–637, § 8(a), amended first sentence gen- erally. Prior to amendment, first sentence read as fol- lows: ‘‘During each of the ten calendar years after 1984, the Administrator shall prepare and submit not later than February 1 of each year a report to the Committee on Environment and Public Works of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives on the loan and grant program authorized by section 4014 of this title.’’ Par. (6). Pub. L. 101–637, § 8(b), inserted before period at end ‘‘and the amount of resources needed by such schools, categorized by State, to abate all remaining asbestos hazards’’.