20 U.S.C. § 4011 — Findings and purpose

Page 1208 TITLE 20—EDUCATION §§ 4001 to 4003 (1) an amount equal to its share of funds ap- propriated under chapter 1 of the Education Consolidation and Improvement Act; or (2) $225,000. (c) Reduction for insufficient funding If sums appropriated to carry out this part are not sufficient to permit the Secretary to pay in full the grants which States may receive under subsection (b), the amount of such grants shall be ratably reduced. (Pub. L. 98–377, title III, § 328, as added Pub. L. 100–418, title VI, § 6031(a)(2), Aug. 23, 1988, 102 Stat. 1482.) Editorial Notes REFERENCES IN TEXT The Education Consolidation and Improvement Act, referred to in subsec. (b)(1), probably means the Edu- cation Consolidation and Improvement Act of 1981, which is subtitle D [§§ 551 to 596] of title V of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 463. Chapter 1 of the Act was classified generally to subchapter I (§ 3801 et seq.) of chapter 51 of this title, prior to repeal by Pub. L. 100–297, title I, § 1003(a), Apr. 28, 1988, 102 Stat. 293. For complete classification of this Act to the Code, see Ta- bles. SUBCHAPTER IV—PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN MATHE- MATICS AND SCIENCE §§ 4001 to 4003. Repealed. Pub. L. 100–297, title II, § 2303, Apr. 28, 1988, 102 Stat. 324 Section 4001, Pub. L. 98–377, title IV, § 401, Aug. 11, 1984, 98 Stat. 1287, related to Presidential awards. Section 4002, Pub. L. 98–377, title IV, § 402, Aug. 11, 1984, 98 Stat. 1287, related to administrative provisions. Section 4003, Pub. L. 98–377, title IV, § 403, Aug. 11, 1984, 98 Stat. 1287; Pub. L. 99–159, title II, § 241, Nov. 22, 1985, 99 Stat. 901, related to authorization of appropria- tions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1988, see section 6303 of Pub. L. 100–297, set out as an Effective Date of 1988 Amend- ment note under section 1071 of this title. SUBCHAPTER V—ASBESTOS SCHOOL HAZARD ABATEMENT § 4011. Findings and purpose (a) Findings The Congress finds that— (1) exposure to asbestos fibers has been iden- tified over a long period of time and by rep- utable medical and scientific evidence as sig- nificantly increasing the incidence of cancer and other severe or fatal diseases, such as as- bestosis; (2) medical evidence has suggested that chil- dren may be particularly vulnerable to envi- ronmentally 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, particu- larly in sprayed form, have been used in school buildings, especially during the period 1946 through 1972; (5) partial surveys in some States have indi- cated that (A) in a number of school buildings materials containing asbestos fibers have be- come damaged or friable, causing asbestos fi- bers to be dislodged into the air, and (B) asbes- tos concentration far exceeding normal ambi- ent air levels have been found in school build- ings containing such damaged materials; (6) the presence in school buildings of friable or easily damaged asbestos creates an unwar- ranted hazard to the health of the school chil- dren 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 at- tempted 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 stand- ard regulating the concentration of asbestos fibers in noncommercial workplace environ- ments such as schools, school employees and students may be exposed to hazardous con- centrations of asbestos fibers in the school buildings which they use each day; (9) without a program of information dis- tribution, technical and scientific assistance, and financial support, many local educational agencies and States will not be able to miti- gate the potential asbestos hazards in their schools; and (10) the effective regulation of interstate commerce for the protection of the public health requires the establishment of programs under this subchapter to mitigate hazards from exposure to asbestos fibers and materials emitting such fibers. (b) Purpose It is the purpose of this subchapter to— (1) direct the Administrator of the Environ- mental Protection Agency to establish a pro- gram to assist States and local educational agencies to ascertain the extent of the danger to the health of school children and employees from asbestos materials in schools; (2) provide continuing scientific and tech- nical assistance to State and local agencies to enable them to identify and abate asbestos hazards in schools; (3) provide financial assistance for the abate- ment of asbestos threats to the health and safety of school children or employees; and (4) assure that no employee of any local edu- cational agency suffers any disciplinary action as a result of calling attention to potential as- bestos hazards which may exist in schools. (Pub. L. 98–377, title V, § 502, Aug. 11, 1984, 98 Stat. 1287; Pub. L. 101–637, § 14(a)(2), (b)(1), (2), Nov. 28, 1990, 104 Stat. 4594, 4595.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–637, § 14(a)(2), made technical amend- ment to section catchline. Subsecs. (a), (b). Pub. L. 101–637, § 14(b)(1), (2), inserted headings. 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-