--S.1893--
S.1893
One Hundred First Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the twenty-third day
of January,
one thousand nine hundred and ninety
An Act
To reauthorize the Asbestos School Hazard Abatement Act of 1984.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Asbestos School Hazard Abatement Reauthorization
Act of 1990'.

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(a) FINDINGS- Congress finds the following:
(1) The Environmental Protection Agency has estimated 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 unwarranted health hazards.
(2) All elementary and secondary schools are required by the Asbestos
Hazard Emergency Response Act to inspect for asbestos, develop an asbestos
management plan, and implement such plan.
(3) The Environmental Protection Agency has estimated it will cost local
education agencies more than $3,000,000,000 to comply with the Asbestos
Hazard Emergency Response Act.
(4) Without a continuing program of information assistance, technical and
scientific assistance, training, and financial support, many local educational
agencies will be unable to carry out sufficient response actions to prevent
the release of asbestos fibers into the air.
(5) Without the provisions of sufficient financial support, the cost to
local educational agencies of implementing asbestos response actions may
have an adverse impact in their educational mission.
(6) The effective regulation of interstate commerce for the protection of
human health and the environment requires the continuation of programs to
mitigate hazards of asbestos fibers and materials emitting such fibers.
(b) PURPOSES- The purposes of this Act are the following:
(1) To direct the Environmental Protection Agency 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 conducting
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 educational agency suffers any
disciplinary action as a result of calling attention to potential asbestos
hazards which may exist in schools.

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Except as otherwise specifically provided, whenever in this Act a section
or other provision is amended or repealed, such amendment or repeal shall
be considered to be made to that section or other provision of the Asbestos
School Hazard Abatement Act of 1984 (20 U.S.C. 4011 et seq.).

fb8b70bc2f9c44c113a2942b78367e798f851eedf66b05ee4848448f0cea0412

Subsection (b) of section 503 is amended--
(1) in paragraph (2), by inserting `educational' after `local';
(2) in paragraph (2), by inserting `, including parent and employee
organizations,' after `institutions'; and
(3) by amending paragraph (3) to read as follows:
`(3) not later than November 15 of each year for which this title is
authorized, the development and distribution of applications, or notifications
to all local educational agencies of the availability of application forms
including information for obtaining such forms; and'.

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(a) MAINTENANCE OF RECORDS- Subsection (a) of section 504 is amended--
(1) by striking out `Not later than' and all that follows through `maintaining
records on--' and inserting in lieu thereof `The Governor of each State
shall maintain records on--';
(2) in paragraph (2), by inserting `and other response actions' after
`abatement activities';
(3) by inserting `and' after the semicolon at the end of paragraph (2); and
(4) in paragraph (3), by striking out `subparagraph (B)' and inserting in
lieu thereof `paragraph (2)'.
(b) DELETION OF DEPARTMENT OF EDUCATION REFERENCES- Subsection (b)(1)
of section 504 is amended--
(1) by striking out `Not later than six months after the date of the enactment
of this title and annually thereafter,' and inserting in lieu thereof
`Each year, in accordance with procedures established by the Administrator,';
(2) in subparagraphs (A) and (B), by striking out `and the Secretary of
the Department of Education' both places it appears;
(3) in subparagraph (A), by inserting `and' after the semicolon at the end
of such subparagraph; and
(4) by striking out subparagraph (C).
(c) DETERMINATION OF ADEQUACY OF RESOURCES- Subsection (b)(4) of section
504 is amended--
(1) by redesignating subparagraph (F) as subparagraph (G); and
(2) by inserting after subparagraph (E) the following new subparagraph:
`(F) Any additional costs to the local educational agency of meeting the
special needs of disadvantaged students.'.
(d) CONFORMING AMENDMENT- Section 504 is further amended by striking out
subsection (c).

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(a) APPLICATION APPROVAL DEADLINE- Subsection (b) of section 505 is amended--
(1) in paragraph (2), by striking out `applications shall be submitted,'
and inserting in lieu thereof `the Governor shall submit applications,';
(2) in paragraph (2), by adding at the end the following: `The Administrator
shall approve or disapprove applications for financial assistance no later
than April 30 of each year.'; and
(3) by striking out paragraph (3).
(b) RANKING APPLICATIONS- Subsection (c)(2)(B)(iv) of section 505 is amended
by striking out `is cost-effective compared to other techniques including
management of material containing asbestos' and inserting in lieu thereof
`uses the least burdensome methods which protect human health and the
environment'.
(c) DELETION OF REFERENCE TO DEPARTMENT OF EDUCATION REPORT- Subsection
(c)(3) of such section is amended by striking out `shall consider--' and
all that follows through the end of the paragraph and inserting in lieu
thereof the following: `shall consider the financial resources available
to the applicant as certified by the Governor pursuant to section 504(b)(4).'.
(d) ADDITIONAL LIMITATION- Subsection (d) of such section is amended to
read as follows:
`(d) LIMITATION- In no event shall financial assistance be provided under
this title 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) REQUIREMENT TO DEPOSIT FUNDS INTO ASBESTOS TRUST FUND- Subsection (f)
of such section is amended in paragraph (3) by striking out `for deposit in
the general fund' and inserting in lieu thereof the following: `for deposit
in the Asbestos Trust Fund established by section 5 of the Asbestos Hazard
Emergency Response Act (Public Law 99-519; 20 U.S.C. 4022)'.
(f) ADDITIONAL REQUIREMENTS FOR APPLICATION APPROVAL- Subsection (g) of
such section is amended--
(1) in paragraph (1), by striking out `within the five-year period beginning
on the effective date of this title' and inserting in lieu thereof `in
accordance with such procedures as may be developed by the Administrator';
(2) in paragraph (2)(B), by amending clauses (i) and (ii) to read as follows:
`(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;'; and
(3) by striking out paragraph (4).

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Section 506 is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by striking out subsection (b) and inserting in lieu thereof the
following:
`(b) PROCEDURES- The Administrator also shall establish procedures to be used
by local educational agencies, in programs for which financial assistance
is made available under section 505, 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 conditions comparable to those
existing before asbestos containment or removal activities were undertaken.
`(c) RELATIONSHIP TO OTHER LAWS- Nothing contained in this title 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.'.

48092d78034024c6eb961acb9ab5cc3d9a1a72fd235eaf4bc161bf4f2e77a5bd

(a) REPORT DEADLINE- The first sentence of section 507 is amended to read
as follows: `During each calendar year until 1999, the Administrator 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 505 of this title.'.
(b) CONTENTS OF REPORT- Paragraph (6) of such section is amended by inserting
before the period the following: `and the amount of resources needed by
such schools, categorized by State, to abate all remaining asbestos hazards'.

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Paragraph (2) of section 508(a) is amended by inserting after `repay to
the United States,' the following: `by deposit in the Asbestos Trust Fund
established by section 5 of the Asbestos Hazard Emergency Response Act
(20 U.S.C. 4022),'.

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Section 511 is amended--
(1) in paragraph (3), by inserting `, vibration,' after `damage from
water'; and
(2) by adding at the end the following new paragraph:
`(9) The term `response action' has the meaning given such term by section
202(11) of the Toxic Substances Control Act (15 U.S.C. 2642(11).'.

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(a) AUTHORIZATION- Paragraph (1) of section 512(a) is amended to read as
follows:  `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 5 of the Asbestos Hazard
Emergency Response Act of 1986 (20 U.S.C. 4022) such sums as are contained
in such trust fund in each of such fiscal years.'.
(b) SPECIFIC PROGRAMS- Subsection (b) of section 512 is amended by striking
out paragraph (2) and inserting in lieu thereof the following:
`(2) Of those sums appropriated for the implementation of this title, not more
than 5 percent may be reserved during each fiscal year for the administration
of this title 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 title, 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.'.

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(a) AMOUNTS TRANSFERRED TO TRUST FUND- Section 5(b)(1) of the Asbestos
Hazard Emergency Response Act of 1986 (Public Law 99-519) is amended--
(1) in subparagraph (A), by striking out `as in effect on the date of the
enactment of this Act, and' and inserting in lieu thereof a comma;
(2) in subparagraph (B), by striking out the period at the end and inserting
in lieu thereof `, and'; and
(3) by adding at the end the following new subparagraph:
`(C) amounts received as proceeds from any judgment recovered in any suit
brought pursuant to section 508(a)(1) of the Asbestos School Hazard Abatement
Act of 1984 (20 U.S.C. 4017(a)(1)).'
(b) EXPENDITURES FROM TRUST FUND- Section 5(d) of such Act is amended by
striking out `as in effect on the date of the enactment of this Act'.

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Section 203(d) of title II of the Toxic Substances Control Act is amended
by adding the following new paragraph at the end thereof:
`(7) The Administrator shall, not later than 30 days after enactment of
this paragraph, publish and distribute to all local education agencies and
State Governors information or an advisory to--
`(A) facilitate public understanding of the comparative risks associated with
in-place management of asbestos-containing building materials and removals;
`(B) promote the least burdensome response actions necessary to protect
human health, safety, and the environment; and
`(C) describe the circumstances in which asbestos removal is necessary to
protect human health.
Such information or advisory shall be based on the best available scientific
evidence and shall be revised, republished, and redistributed as appropriate,
to reflect new scientific findings.'.

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(a) SECTION HEADINGS- (1) Section 501 is amended by striking out
`SEC. 501.' and inserting the following section heading:
`SEC. 501. SHORT TITLE.'.
(2) Section 502 is amended by striking out the section heading and
`SEC. 502.' and inserting in lieu of the section heading the following:
`SEC. 502. FINDINGS AND PURPOSES.'.
(3) Section 503 is amended by striking out the section heading and
`SEC. 503.' and inserting in lieu of the section heading the following:
`SEC. 503. ASBESTOS HAZARD ABATEMENT PROGRAM.'.
(4) Section 504 is amended by striking out the section heading and
`SEC. 504.' and inserting in lieu of the section heading the following:
`SEC. 504. STATE RECORDS AND PRIORITY LISTS.'.
(5) Section 505 is amended by striking out the section heading and
`SEC. 505.' and inserting in lieu of the section heading the following:
`SEC. 505. FINANCIAL ASSISTANCE.'.
(6) Section 506 is amended by striking out `SEC. 506.' and inserting the
following section heading:
`SEC. 506. ADMINISTRATIVE PROVISIONS.'.
(7) Section 507 is amended by striking out `SEC. 507.' and inserting the
following section heading:
`SEC. 507. ANNUAL REPORT.'.
(8) Section 508 is amended by striking out `SEC. 508.' and inserting the
following section heading:
`SEC. 508. RECOVERY OF COSTS.'.
(9) Section 509 is amended by striking out `SEC. 509.' and inserting the
following section heading:
`SEC. 509. EMPLOYEE PROTECTION.'.
(10) Section 510 is amended by striking out `SEC. 510.' and inserting the
following section heading:
`SEC. 510. AFFECT ON RIGHTS UNDER OTHER LAWS.'.
(11) Section 511 is amended by striking out `SEC. 511.' and inserting the
following section heading:
`SEC. 511. DEFINITIONS.'.
(12) Section 512 is amended by striking out `SEC. 512.' and inserting the
following section heading:
`SEC. 512. AUTHORIZATION.'.
(b) SUBSECTION HEADINGS- (1) Section 502(a) is amended by inserting `FINDINGS-
' after `(a)'.
(2) Section 502(b) is amended by inserting `PURPOSE- ' after `(b)'.
(3) Section 503(a) is amended by striking out `(1)' and inserting in lieu
thereof `ABATEMENT PROGRAM- '.
(4) Section 503(b) is amended by inserting `DUTIES- ' after `(b)'.
(5) Section 504(a) is amended by inserting `RECORDS- ' after `(a)'.
(6) Section 504(b) is amended--
(A) by inserting `PRIORITY LIST- ' after `(b)';
(B) by inserting `activities and other response actions' after `abatement'
each place it appears in subparagraphs (A) and (B) of paragraph (1);
(C) in paragraph (1)(B), by striking out `section 503(b)(3) and'; and
(D) in paragraph (4)(C), by inserting a comma after `per capita income'.
(7) Section 505 is amended--
(A) in subsection (a), by inserting `ASSISTANCE PROGRAM- ' after `(a)';
(B) in subsection (b), by inserting `APPLICATION SUBMISSION- ' after `(b)';
(C) in subsection (c), by inserting `REVIEW OF APPLICATION- ' after `(c)';
(D) in subsection (e), by inserting `AMOUNT OF LOAN OR GRANT- ' after `(e)';
(E) in subsection (f), by inserting `LOAN AGREEMENT- ' after `(f)'; and
(F) in subsection (g), by inserting `APPLICATION REQUIREMENTS- ' after `(g)'.
(8) Section 506(a) is amended by inserting `REGULATIONS- ' after `(a)'.
(9) Section 506(d) (as redesignated by section 7) is amended--
(A) by inserting `OTHER AUTHORITY- ' after `(d)'; and
(B) by inserting a comma after `standards' the first place it appears.
(10) Section 508(a) is amended by inserting `LOAN CONDITION- ' after `(a)'.
(11) Section 508(b) is amended by inserting `EXPEDITIOUS RECOVERY- ' after
`(b)'.
(c) MISCELLANEOUS TECHNICAL AMENDMENTS- (1) Section 505(b) is amended in
paragraph (1) by striking out the comma after `educational agency'.
(2) Section 505(c) is amended--
(A) in paragraph (2), by inserting `and' after the semicolon at the end of
subparagraph (A); and
(B) in paragraph (2), by inserting a comma after `confined space' in
subparagraph (B)(ii) and after `techniques' in subparagraph (B)(iv).
(3) Section 505(e) is amended by striking out `per centum' both places it
appears and inserting in lieu thereof `percent'.
(4) Section 505(g) is amended--
(A) by redesignating the subparagraph (B) appearing after paragraph (3)
as paragraph (4) and conforming the margin accordingly; and
(B) by inserting a comma in paragraph (4) (as so redesignated) after
`section 512(b)(1)'.
(5) Section 508 is amended by striking out `sections' and inserting in lieu
thereof `section'.
(6) Section 511 is amended--
(A) by striking out `For purposes of this title--' and inserting in lieu
thereof `For purposes of this title:';
(B) by striking out `the' at the beginning of each paragraph and inserting
in lieu thereof `The';
(C) by striking out the semicolon at the end of each paragraph and inserting
in lieu thereof a period;
(D) by striking out the word `each' in paragraph (3); and
(E) by inserting `secondary' before `school' in paragraph (5).

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(a) ACCREDITATION REQUIREMENT FOR WORKERS IN PUBLIC AND COMMERCIAL BUILDINGS-
(1) Paragraphs (1) and (3) of section 206(a) of the Toxic Substances Control
Act (15 U.S.C. 2646) are amended by adding before the comma at the end of
each the following: `or in a public or commercial building'.
(2) Clauses (i) and (iii) of section 206(b)(1)(A) of such Act are amended
by adding before the period at the end of each the following: `or in public
or commercial buildings'.
(3) Not later than one year after the date of the enactment of this Act,
the Administrator of the Environmental Protection Agency shall revise the
model contractor accreditation plan promulgated under section 206(b)(1)
of the Toxic Substances Control Act (15 U.S.C. 2646(b)(1)) to increase the
minimum number of hours of training, including additional hours of hands-on
health and safety training, required for asbestos abatement workers and
to make such other changes as may be necessary to implement the amendments
made by paragraphs (1) and (2).
(4) Section 207 of such Act (15 U.S.C. 2647) is amended by adding at the
end thereof the following:
`(g) Any contractor who--
`(1) inspects for asbestos-containing material in a school, public or
commercial building;
`(2) designs or conducts response actions with respect to friable
asbestos-containing material in a school, public or commercial building; or
`(3) employs individuals to conduct response actions with respect to friable
asbestos-containing material in a school, public or commercial building;
and who fails to obtain the accreditation under section 206 of this Act, or in
the case of employees to require or provide for the accreditation required,
is liable for a civil penalty of not more than $5,000 for each day during
which the violation continues, unless such contractor is a direct employee
of the Federal Government.'.
(b) DISCLAIMER- In exercising any authority under the Toxic Substances
Control Act in connection with the amendment made by subsection (a) of this
section, the Administrator of the Environmental Protection Agency shall not,
for purposes of section 4(b)(1) of the Occupational Safety and Health Act
of 1970 (29  U.S.C. 653(b)(1)), be considered to be exercising statutory
authority to prescribe or enforce standards or regulations affecting
occupational safety and health.
(c) EFFECTIVE DATE- This section shall take effect upon the expiration of
the 12-month period following the date of the enactment of this Act. The
Administrator may extend the effective date for a period not to exceed one
year if the Administrator determines that accredited asbestos contractors
are needed to perform school-site abatement required under the Asbestos
Hazard Emergency Response Act (15  U.S.C. 2641) and such an extension is
necessary to ensure effective implementation of section 203 of the Toxic
Substances Control Act.

eb91d95ad2e1040c9f4edaae8b10f896155f5e02d97272e97b25a4125e16fb48

(a)(1)  AUTHORIZATION FOR TRAINING GRANTS- Title II of the Toxic Substances
Control Act (15  U.S.C. 2641 et seq.) is amended by adding at the end
the following:
`SEC. 216. TRAINING GRANTS.
`(a) GRANTS- The Administrator is authorized to award grants under this
section to nonprofit organizations that demonstrate experience in implementing
and operating health and safety asbestos training and education programs
for workers who are or will be engaged in asbestos-related activities
(including State and local governments, colleges and universities,
joint labor-management trust funds, and nonprofit government employee
organizations) to establish and, or, operate asbestos training programs
on a not-for-profit basis. Applications for grants under this subsection
shall be submitted in such form and manner, and contain such information,
as the Administrator prescribes.
`(b) AUTHORIZATION- Of  such sums as are authorized to be appropriated
pursuant to section 512(a) of the Asbestos School Hazard Abatement Act
of 1984 (20  U.S.C. 4011 et seq.) for the fiscal years 1991, 1992, 1993,
1994, and 1995, not more than $5,000,000 are authorized to be appropriated
to carry out this section in each such fiscal year.'.
(2) The table of contents for title II of such Act (contained in section
1 of such Act) is amended by inserting after the item relating to section
215 the following new item:
`Sec. 216. Training grants.'.
(b) EFFECTIVE DATE- Section 216 of the Toxic Substances Control Act, as added
by subsection (a), shall take effect on the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Asbestos School Hazard Abatement Reauthorization Act of 1989 — S. 1893

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