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 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’’. Page 1214 TITLE 20—EDUCATION § 4017 Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 4017. Recovery of costs (a) Loan condition (1) As a condition of the award of any financial assistance under section 4014 of this title, the re- cipient of any such loan or grant shall permit the United States to sue on behalf of such re- cipient any person determined by the Attorney General to be liable to the recipient for the costs of any activities undertaken by the recipi- ent under such section. (2) The proceeds from any judgment recovered in any suit brought by the United States under paragraph (1) (or, if the recipient files a similar suit on its own behalf, the proceeds from a judg- ment recovered by the recipient in such suit) shall be used to repay to the United States, by deposit in the Asbestos Trust Fund established by section 4022 of this title, to the extent that the proceeds are sufficient to provide for such repayment, an amount equal to the sum of— (A) the amount (i) outstanding on any loan and (ii) of any grant made to the recipient; and (B) an amount equal to the interest which would have been charged on such loan were the loan made by a commercial lender at pre- vailing interest rates (as determined by the Administrator). (b) Expeditious recovery The Attorney General shall, where appro- priate, proceed in an expeditious manner to re- cover the amounts expended by the United States to carry out this subchapter from the persons identified by the Attorney General as being liable for such costs. (Pub. L. 98–377, title V, § 508, Aug. 11, 1984, 98 Stat. 1293; Pub. L. 101–637, §§ 9, 14(a)(8), (b)(10), (11), (c)(5), Nov. 28, 1990, 104 Stat. 4592, 4594–4596.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637, § 14(a)(8), inserted section catch- line. Subsec. (a). Pub. L. 101–637, § 14(b)(10), inserted head- ing. Subsec. (a)(1). Pub. L. 101–637, § 14(c)(5), substituted ‘‘section’’ for ‘‘sections’’ after ‘‘such’’. Subsec. (a)(2). Pub. L. 101–637, § 9, inserted ‘‘by deposit in the Asbestos Trust Fund established by section 4022 of this title,’’ after ‘‘repay to the United States,’’. Subsec. (b). Pub. L. 101–637, § 14(b)(11), inserted head- ing. § 4018. Employee protection No State or local educational agency receiving assistance under this subchapter may discharge any employee or otherwise discriminate against any employee with respect to the employee’s compensation, terms, conditions, or privileges of employment because the employee has brought to the attention of the public information con- cerning any asbestos problem in the school buildings within the jurisdiction of such agency. (Pub. L. 98–377, title V, § 509, Aug. 11, 1984, 98 Stat. 1294; Pub. L. 101–637, § 14(a)(9), Nov. 28, 1990, 104 Stat. 4594.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637 inserted section catchline. § 4019. Affect on rights under other laws Except as otherwise provided in section 4017 of this title, nothing in this subchapter shall— (1) affect the right of any party to seek legal redress in connection with the purchase or in- stallation of asbestos materials in schools or any claim of disability or death related to ex- posure to asbestos in a school setting; or (2) affect the rights of any party under any other law. (Pub. L. 98–377, title V, § 510, Aug. 11, 1984, 98 Stat. 1294; Pub. L. 101–637, § 14(a)(10), Nov. 28, 1990, 104 Stat. 4594.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637 inserted section catchline. § 4020. 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 em- ployees or otherwise susceptible to damage (including damage from water, vibration, or air circulation) which could result in the dis- persal of asbestos fibers into the school envi- ronment. (4) The term ‘‘local educational agency’’ means— (A) any local educational agency as de- fined in section 7801 of this title; and (B) the governing authority of any non- profit elementary or secondary school. (5) The term ‘‘nonprofit elementary or sec- ondary school’’ means— (A) any elementary school or secondary school as defined in section 7801 of this title owned and operated by one or more non- profit 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—