20 U.S.C. § 4015 — Administrative provisions

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’’.