§ 4014. — Financial assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4014]
TITLE 20--EDUCATION
CHAPTER 52--EDUCATION FOR ECONOMIC SECURITY
SUBCHAPTER V--ASBESTOS SCHOOL HAZARD ABATEMENT
Sec. 4014. Financial assistance
(a) Assistance Program
There is hereby established within the Environmental Protection
Agency an Asbestos Hazards Abatement Assistance Program (hereinafter in
this chapter referred to as the ``Assistance 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 criteria 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) of this section and propose financing
pursuant to the criteria of section 4013(b)(4) of this title. The
Administrator 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 assistance. In ranking applications, the
Administrator 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 fibers 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 substantial quantity of dry loose asbestos-containing material on
horizontal surfaces or asbestos-containing material is substantially
deteriorated 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 action proposed by the
applicant will reduce the exposure of school children and school
employees; and
(iv) the extent to which the corrective action proposed by the
applicant uses the least burdensome methods which protect human
health and the environment.
(3) In determining whether an applicant is eligible 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 provided under this
subchapter to an applicant if--
(1) the Administrator determines that such applicant has
resources adequate to support an appropriate asbestos materials
abatement program; 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
Administrator 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 combination 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
complete the abatement program with loan funds.
(f) Loan agreement
Loans under this section shall be made pursuant 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 during 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 Secretary of the Treasury for
deposit in the Asbestos Trust Fund established by section 4022 of
this title; and
(4) such other terms and conditions that the Administrator
determines necessary to protect 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
accordance with such procedures as may be developed by the
Administrator.
(2) The Administrator shall not approve an application unless--
(A) the application contains such information as the
Administrator may require, including but not limited to information
describing--
(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 assistance 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 requested.
(B) the application contains a certification that--
(i) the local educational agency has prepared and is
implementing an asbestos management 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 individuals trained and
accredited in conformance with title II of the Toxic Substances
Control Act (15 U.S.C. 2641 et seq.) and regulations promulgated
under that title;
(C) the application contains assurances that the local
educational agency will furnish such information as is necessary for
the Administrator 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) of this
section on which abatement action was completed prior to January 1,
1984.
(4) Except as provided in section 4021(b)(1) of this title, in
approving applications the Administrator 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 expended.
(Pub. L. 98-377, title V, Sec. 505, Aug. 11, 1984, 98 Stat. 1290; Pub.
L. 99-519, Sec. 3(a), Oct. 22, 1986, 100 Stat. 2988; Pub. L. 100-368,
Sec. 6(b), July 18, 1988, 102 Stat. 833; Pub. L. 101-637, Secs. 6,
14(a)(5), (b)(7), (c)(1)-(4), Nov. 28, 1990, 104 Stat. 4591, 4594-4596.)
References in Text
The Toxic Substances Control Act, referred to in subsecs. (d)(2) and
(g)(2)(B), is Pub. L. 94-469, Oct. 11, 1976, 90 Stat. 2003, as amended.
Title II of the Act, as added by Pub. L. 99-519, Sec. 2, Oct. 22, 1986,
100 Stat. 2970, is classified generally to subchapter II (Sec. 2641 et
seq.) of chapter 53 of Title 15, Commerce and Trade. For complete
classification 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, Sec. 14(a)(5), made technical amendment to
section catchline.
Subsec. (a). Pub. L. 101-637, Sec. 14(b)(7)(A), inserted heading.
Subsec. (b). Pub. L. 101-637, Sec. 14(b)(7)(B), inserted heading.
Subsec. (b)(1). Pub. L. 101-637, Sec. 14(c)(1), struck out comma
after ``educational agency''.
Subsec. (b)(2). Pub. L. 101-637, Sec. 6(a)(1), (2), substituted
``the Governor shall submit applications,'' for ``applications shall be
submitted,'' and inserted ``The Administrator shall approve or
disapprove applications for financial assistance no later than April 30
of each year.''
Subsec. (b)(3). Pub. L. 101-637, Sec. 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 educational 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, Sec. 14(b)(7)(C), inserted heading.
Subsec. (c)(2)(A). Pub. L. 101-637, Sec. 14(c)(2)(A), inserted
``and'' after semicolon at end.
Subsec. (c)(2)(B)(ii). Pub. L. 101-637, Sec. 14(c)(2)(B), inserted a
comma after ``confined space''.
Subsec. (c)(2)(B)(iv). Pub. L. 101-637, Sec. 14(c)(2)(B), which
directed the insertion of a comma after ``techniques'', could not be
executed because of the intervening amendment by Pub. L. 101-637,
Sec. 6(b). See below.
Pub. L. 101-637, Sec. 6(b), substituted ``uses the least burdensome
methods which protect human health and the environment'' for ``is cost-
effective compared to other techniques including management of material
containing asbestos''.
Subsec. (c)(3). Pub. L. 101-637, Sec. 6(c), substituted ``shall
consider the financial resources available to the applicant as certified
by the Governor pursuant to section 4013(b)(4) of this title.'' for
``shall consider--
``(A) the financial resources available to the applicant as
certified by the Governor pursuant to section 4013(b)(4) of this
title; and
``(B) the report, if any, of the Secretary of Education pursuant
to section 4013(b)(5) of this title.''
Subsec. (d). Pub. L. 101-637, Sec. 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
resources adequate to support an appropriate asbestos materials
abatement program. In making such a determination, the Administrator may
consult with the Secretary of Education.''
Subsec. (e). Pub. L. 101-637, Sec. 14(b)(7)(D), inserted heading.
Subsec. (e)(1). Pub. L. 101-637, Sec. 14(c)(3), substituted
``percent'' for ``per centum'' in two places.
Subsec. (f). Pub. L. 101-637, Sec. 14(b)(7)(E), inserted heading.
Subsec. (f)(3). Pub. L. 101-637, Sec. 6(e), substituted ``for
deposit in the Asbestos Trust Fund established by section 4022 of this
title'' for ``for deposit in the general fund''.
Subsec. (g). Pub. L. 101-637, Sec. 14(b)(7)(F), inserted heading.
Subsec. (g)(1). Pub. L. 101-637, Sec. 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, Sec. 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 pursuant 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, Secs. 6(f)(3), 14(c)(4),
redesignated 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 follows:
``(A) No financial assistance may be provided under this section to
any school--
``(i) which uses any person who has not been accredited 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 assistance
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 laboratories,
after the date which is 180 days after the date on which a
laboratory accreditation program is completed under section 2646(d)
of title 15.''
1988--Subsec. (g)(4)(B)(i). Pub. L. 100-368, Sec. 6(b)(1),
substituted reference to October 22, 1986, for reference to August 11,
1984.
Subsec. (g)(4)(B)(ii). Pub. L. 100-368, Sec. 6(b)(2), substituted
``section 2646(d) of title 15'' for ``subsection (d)''.
1986--Subsec. (g)(4). Pub. L. 99-519 added par. (4).
Financial Assistance To Carry Out Inspections for Asbestos-Containing
Material
Section 4(b) of Pub. L. 99-519 provided that:
``(1) Notwithstanding section 505(c) of the Asbestos School Hazard
Abatement Act of 1984 [20 U.S.C. 4014(c)], for fiscal years 1988 and
1989 the Administrator shall provide financial assistance under section
505 of such Act in the form of grants to States or local educational
agencies to carry out inspections for asbestos-containing material in
school buildings and preparation of management plans for school
buildings under this title [probably means title II of the Toxic
Substances Control Act, 15 U.S.C. 2641 et seq.].
``(2) Not more than 2 percent of any grant awarded to a State
pursuant to paragraph (1) may be used by the State for administrative
purposes. For purposes of the preceding sentence, administrative
purposes do not include salaries of persons who inspect for asbestos-
containing material or assist in the preparation of management plans.
``(3) In determining which local educational agencies to approve
grants for, the Administrator shall take into account the financial need
of the agency. Of the amount available under the Asbestos School Hazard
Abatement Act of 1984 [20 U.S.C. 4011 et seq.] for fiscal years 1988 and
1989, not more than 10 percent may be obligated for the purposes
described in this subsection.''
Section Referred to in Other Sections
This section is referred to in sections 4012, 4013, 4015, 4016,
4017, 4022 of this title; title 15 sections 2646, 2655.
