§ 4021. — Authorization.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC4021]
TITLE 20--EDUCATION
CHAPTER 52--EDUCATION FOR ECONOMIC SECURITY
SUBCHAPTER V--ASBESTOS SCHOOL HAZARD ABATEMENT
Sec. 4021. Authorization
(a) Amount; availability until expended
(1) There are hereby authorized to be appropriated for the asbestos
abatement program not more than $200,000,000 for each of fiscal years
1991, 1992, 1993, 1994, and 1995. In addition, for such purposes and for
each of such fiscal years there are authorized to be appropriated out of
the Asbestos Trust Fund established by section 4022 of this title such
sums as are contained in such trust fund in each of such fiscal years.
(2) The sums appropriated under this subchapter shall remain
available until expended.
(b) Minimum State amount; fiscal year obligation requirement; reserved
funds for administration and asbestos abatement oriented program
expenditures; appropriations out of Asbestos Trust Fund
(1) A State with qualified applicants shall receive no less than
one-half of 1 per centum of the sums appropriated under this subchapter
or the total of the amounts requested by such applicants, whichever is
less. Those amounts available in each fiscal year under this paragraph
shall be obligated before the end of that fiscal year. For the purposes
of this paragraph the term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the Bureau of
Indian Affairs and, taken together, Guam, American Samoa, the Virgin
Islands, the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands.
(2) Of those sums appropriated for the implementation of this
subchapter, not more than 5 percent may be reserved during each fiscal
year for the administration of this subchapter and for programs
including (but not limited to) the following:
(A) The establishment of training centers for contractors,
engineers, school employees, parents, and other personnel to provide
instruction, in accordance with title II of the Toxic Substances
Control Act (15 U.S.C. 2641 et seq.), on asbestos assessment and
abatement.
(B) The development and dissemination of abatement guidance
documents to assist in evaluation of potential hazards and the
determination of proper abatement programs.
(C) The development of rules and regulations regarding
inspection, reporting, and recordkeeping.
(D) The development of a comprehensive testing and technical
assistance program.
(3) Of those sums appropriated for any fiscal year for the
implementation of this subchapter, the Administrator may use not more
than 5 percent to provide grants to States for the following purposes:
(A) Assisting local educational agencies in performing the
periodic reinspections and training activities required under title
II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.).
(B) Establishing and maintaining programs to accredit personnel
performing asbestos inspections and response actions.
(Pub. L. 98-377, title V, Sec. 512, Aug. 11, 1984, 98 Stat. 1295; Pub.
L. 99-519, Sec. 4(a), Oct. 22, 1986, 100 Stat. 2989; Pub. L. 100-368,
Sec. 6(a), July 18, 1988, 102 Stat. 833; Pub. L. 101-637, Secs. 11,
14(a)(12), Nov. 28, 1990, 104 Stat. 4592, 4595.)
References in Text
The Toxic Substances Control Act, referred to in subsec. (b)(2)(A),
(3)(A), 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)(12), inserted section catchline.
Subsec. (a)(1). Pub. L. 101-637, Sec. 11(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``There are
hereby authorized to be appropriated for the asbestos abatement program
not more than $50,000,000 for the fiscal year ending on September 30,
1984, $50,000,000 for the fiscal year ending on September 30, 1985, and
$100,000,000 for each of the five succeeding fiscal years. In addition,
for such purposes there are authorized to be appropriated out of the
Asbestos Trust Fund established by section 4022 of this title
$25,000,000 for each of fiscal years 1987, 1988, 1989, and 1990.''
Subsec. (b)(2). Pub. L. 101-637, Sec. 11(b), added par. (2) and
struck out former par. (2) which read as follows: ``Of those sums
appropriated for the implementation of this subchapter, up to 10 per
centum shall be reserved during the fiscal year ending September 30,
1984, and up to 5 per centum for the fiscal year ending September 30,
1985, for the administration of this subchapter and for programs
including, but not limited to, the following:
``(A) the establishment of a training center for contractors,
engineers, school employees, parents and other personnel to provide
instruction on asbestos assessment and abatement;
``(B) the development and dissemination of abatement guidance
documents to assist in evaluation of potential hazards, and the
determination of proper abatement programs;
``(C) the development of rules and regulations regarding
inspection, reporting and record-keeping; and
``(D) the development of a comprehensive testing and technical
assistance program.''
Subsec. (b)(3). Pub. L. 101-637, Sec. 11(b), added par. (3).
1988--Pub. L. 100-368 moved last sentence (as added by Pub. L. 98-
377) to end of subsec. (a)(1).
1986--Pub. L. 99-519 inserted sentence at end authorizing
appropriations out of the Asbestos Trust Fund for years 1987, 1988,
1989, and 1990.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Section Referred to in Other Sections
This section is referred to in section 4014 of this title; title 15
section 2656.
