dreamproit/uscode huggingface dataset:
15 U.S.C. § 2629 (COMMERCE AND TRADE)
§ 2629. Annual report
The Administrator shall prepare and submit to the President and the Congress on or before January 1, 1978, and on or before January 1 of each succeeding year a comprehensive report on the administration of this chapter during the preceding fiscal year. Such reports shall include—
(1) a list of the testing required under section 2603 of this title during the year for which the report is made and an estimate of the costs incurred during such year by the persons required to perform such tests;
(2) the number of notices received during such year under section 2604 of this title, the number of such notices received during such year under such section for chemical substances subject to a section 2603 rule, and a summary of any action taken during such year under section 2604(g) of this title;
(3) a list of rules issued during such year under section 2605 of this title;
(4) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter and administrative actions under section 2615 of this title during such year;
(5) a summary of major problems encountered in the administration of this chapter; and
(6) such recommendations for additional legislation as the Administrator deems necessary to carry out the purposes of this chapter.
(Pub. L. 94–469, title I, § 30, Oct. 11, 1976, 90 Stat. 2050; renumbered title I, Pub. L. 99–519, § 3(c)(1), Oct. 22, 1986, 100 Stat. 2989.)
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in this section relating to submitting annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 163 of House Document No. 103–7.
15 U.S.C. § 2641 (COMMERCE AND TRADE)
§ 2641. Congressional findings and purpose
(a) Findings
The Congress finds the following:
(1) The Environmental Protection Agency’s rule on local educational agency inspection for, and notification of, the presence of friable asbestos-containing material in school buildings includes neither standards for the proper identification of asbestos-containing material and appropriate response actions with respect to friable asbestos-containing material, nor a requirement that response actions with respect to friable asbestos-containing material be carried out in a safe and complete manner once actions are found to be necessary. As a result of the lack of regulatory guidance from the Environmental Protection Agency, some schools have not undertaken response action while many others have undertaken expensive projects without knowing if their action is necessary, adequate, or safe. Thus, the danger of exposure to asbestos continues to exist in schools, and some exposure actually may have increased due to the lack of Federal standards and improper response action.
(2) There is no uniform program for accrediting persons involved in asbestos identification and abatement, nor are local educational agencies required to use accredited contractors for asbestos work.
(3) The guidance provided by the Environmental Protection Agency in its “Guidance for Controlling Asbestos-Containing Material in Buildings” is insufficient in detail to ensure adequate responses. Such guidance is intended to be used only until the regulations required by this subchapter become effective.
(4) Because there are no Federal standards whatsoever regulating daily exposure to asbestos in other public and commercial buildings, persons in addition to those comprising the Nation’s school population may be exposed daily to asbestos.
(b) Purpose
The purpose of this subchapter is—
(1) to provide for the establishment of Federal regulations which require inspection for asbestos-containing material and implementation of appropriate response actions with respect to asbestos-containing material in the Nation’s schools in a safe and complete manner;
(2) to mandate safe and complete periodic reinspection of school buildings following response actions, where appropriate; and
(3) to require the Administrator to conduct a study to find out the extent of the danger to human health posed by asbestos in public and commercial buildings and the means to respond to any such danger.
(Pub. L. 94–469, title II, § 201, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2970.)
15 U.S.C. § 2648 (COMMERCE AND TRADE)
§ 2648. Emergency authority
(a) Emergency action
(1) Authority
Whenever—
(A) the presence of airborne asbestos or the condition of friable asbestos-containing material in a school building governed by a local educational agency poses an imminent and substantial endangerment to human health or the environment, and
(B) the local educational agency is not taking sufficient action (as determined by the Administrator or the Governor) to respond to the airborne asbestos or friable asbestos-containing material,
the Administrator or the Governor of a State is authorized to act to protect human health or the environment.
(2) Limitations on Governor action
The Governor of a State shall notify the Administrator within a reasonable period of time before the Governor plans to take an emergency action under this subsection. After such notification, if the Administrator takes an emergency action with respect to the same hazard, the Governor may not carry out (or continue to carry out, if the action has been started) the emergency action.
(3) Notification
The following notification shall be provided before an emergency action is taken under this subsection:
(A) In the case of a Governor taking the action, the Governor shall notify the local educational agency concerned.
(B) In the case of the Administrator taking the action, the Administrator shall notify both the local educational agency concerned and the Governor of the State in which such agency is located.
(4) Cost recovery
The Administrator or the Governor of a State may seek reimbursement for all costs of an emergency action taken under this subsection in the United States District Court for the District of Columbia or for the district in which the emergency action occurred. In any action seeking reimbursement from a local educational agency, the action shall be brought in the United States District Court for the district in which the local educational agency is located.
(b) Injunctive relief
Upon receipt of evidence that the presence of airborne asbestos or the condition of friable asbestos-containing material in a school building governed by a local educational agency poses an imminent and substantial endangerment to human health or the environment—
(1) the Administrator may request the Attorney General to bring suit, or
(2) the Governor of a State may bring suit,
to secure such relief as may be necessary to respond to the hazard. The district court of the United States in the district in which the response will be carried out shall have jurisdiction to grant such relief, including injunctive relief.
(Pub. L. 94–469, title II, § 208, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2985.)
15 U.S.C. § 2649 (COMMERCE AND TRADE)
§ 2649. State and Federal law
(a) No preemption
Nothing in this subchapter shall be construed, interpreted, or applied to preempt, displace, or supplant any other State or Federal law, whether statutory or common.
(b) Cost and damage awards
Nothing in this subchapter or any standard, regulation, or requirement promulgated pursuant to this subchapter shall be construed or interpreted to preclude any court from awarding costs and damages associated with the abatement, including the removal, of asbestos-containing material, or a portion of such costs, at any time prior to the actual date on which such material is removed.
(c) State may establish more requirements
Nothing in this subchapter shall be construed or interpreted as preempting a State from establishing any additional liability or more stringent requirements with respect to asbestos in school buildings within such State.
(d) No Federal cause of action
Nothing in this subchapter creates a cause of action or in any other way increases or diminishes the liability of any person under any other law.
(e) Intent of Congress
It is not the intent of Congress that this subchapter or rules, regulations, or orders issued pursuant to this subchapter be interpreted as influencing, in either the plaintiff’s or defendant’s favor, the disposition of any civil action for damages relating to asbestos. This subsection does not affect the authority of any court to make a determination in an adjudicatory proceeding under applicable State law with respect to the admission into evidence or any other use of this subchapter or rules, regulations, or orders issued pursuant to this subchapter.
(Pub. L. 94–469, title II, § 209, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2986.)
15 U.S.C. § 2650 (COMMERCE AND TRADE)
§ 2650. Asbestos contractors and local educational agencies
(a) Study
(1) General requirement
The Administrator shall conduct a study on the availability of liability insurance and other forms of assurance against financial loss which are available to local educational agencies and asbestos contractors with respect to actions required under this subchapter. Such study shall examine the following:
(A) The extent to which liability insurance and other forms of assurance against financial loss are available to local educational agencies and asbestos contractors.
(B) The extent to which the cost of insurance or other forms of assurance against financial loss has increased and the extent to which coverage has become less complete.
(C) The extent to which any limitation in the availability of insurance or other forms of assurance against financial loss is the result of factors other than standards of liability in applicable law.
(D) The extent to which the existence of the regulations required by subsections (c) and (d) of section 2643 of this title and the accreditation of contractors under section 2646 of this title has affected the availability or cost of insurance or other forms of assurance against financial loss.
(E) The extent to which any limitation on the availability of insurance or other forms of assurance against financial loss is inhibiting inspections for asbestos-containing material or the development or implementation of management plans under this subchapter.
(F) Identification of any other impediments to the timely completion of inspections or the development and implementation of management plans under this subchapter.
(2) Interim report
Not later than April 1, 1988, the Administrator shall submit to the Congress an interim report on the progress of the study required by this subsection, along with preliminary findings based on information collected to that date.
(3) Final report
Not later than October 1, 1990, the Administrator shall submit to the Congress a final report on the study required by this subsection, including final findings based on the information collected.
(b) State action
On the basis of the interim report or the final report of the study required by subsection (a) of this section, a State may enact or amend State law to establish or modify a standard of liability for local educational agencies or asbestos contractors with respect to actions required under this subchapter.
(Pub. L. 94–469, title II, § 210, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2986.)
15 U.S.C. § 2651 (COMMERCE AND TRADE)
§ 2651. Public protection
(a) Public protection
No State or local educational agency may discriminate against a person in any way, including firing a person who is an employee, because the person provided information relating to a potential violation of this subchapter to any other person, including a State or the Federal Government.
(b) Labor Department review
Any public or private employee or representative of employees who believes he or she has been fired or otherwise discriminated against in violation of subsection (a) of this section may within 90 days after the alleged violation occurs apply to the Secretary of Labor for a review of the firing or alleged discrimination. The review shall be conducted in accordance with section 660(c) of title 29.
(Pub. L. 94–469, title II, § 211, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2987.)
15 U.S.C. § 2652 (COMMERCE AND TRADE)
§ 2652. Asbestos Ombudsman
(a) Appointment
The Administrator shall appoint an Asbestos Ombudsman, who shall carry out the duties described in subsection (b) of this section.
(b) Duties
The duties of the Asbestos Ombudsman are—
(1) to receive complaints, grievances, and requests for information submitted by any person with respect to any aspect of this subchapter,
(2) to render assistance with respect to the complaints, grievances, and requests received, and
(3) to make such recommendations to the Administrator as the Ombudsman considers appropriate.
(Pub. L. 94–469, title II, § 212, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2987.)
15 U.S.C. § 2653 (COMMERCE AND TRADE)
§ 2653. EPA study of asbestos-containing material in public buildings
Within 360 days after October 22, 1986, the Administrator shall conduct and submit to the Congress the results of a study which shall—
(1) assess the extent to which asbestos-containing materials are present in public and commercial buildings;
(2) assess the condition of asbestos-containing material in commercial buildings and the likelihood that persons occupying such buildings, including service and maintenance personnel, are, or may be, exposed to asbestos fibers;
(3) consider and report on whether public and commercial buildings should be subject to the same inspection and response action requirements that apply to school buildings;
(4) assess whether existing Federal regulations adequately protect the general public, particularly abatement personnel, from exposure to asbestos during renovation and demolition of such buildings; and
(5) include recommendations that explicitly address whether there is a need to establish standards for, and regulate asbestos exposure in, public and commercial buildings.
(Pub. L. 94–469, title II, § 213, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2987.)
15 U.S.C. § 2654 (COMMERCE AND TRADE)
§ 2654. Transitional rules
Any regulation of the Environmental Protection Agency under subchapter I of this chapter which is inconsistent with this subchapter shall not be in effect after October 22, 1986. Any advanced notice of proposed rulemaking, any proposed rule, and any regulation of the Environmental Protection Agency in effect before October 22, 1986, which is consistent with the regulations required under section 2643 of this title shall remain in effect and may be used to meet the requirements of section 2643 of this title, except that any such regulation shall be enforced under this chapter.
(Pub. L. 94–469, title II, § 214, as added Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2988.)
15 U.S.C. § 2655 (COMMERCE AND TRADE)
§ 2655. Worker protection
(a) Prohibition on certain activities
Until the local educational agency with authority over a school has submitted a management plan (for the school) which the State Governor has not disapproved as of the end of the period for review and revision of the plan under section 2645 of this title, the local educational agency may not do either of the following in the school:
(1) Perform, or direct an employee to perform, renovations or removal of building materials, except emergency repairs, in the school, unless—
(A) the school is carrying out work under a grant awarded under section 4014 of title 20; or
(B) an inspection that complies with the requirements of regulations promulgated under section 2643 of this title has been carried out in the school and the agency complies with the following sections of title 40 of the Code of Federal Regulations:
(i) Paragraphs (g), (h), and (i) of section 763.90 (response actions).
(ii) Appendix D to subpart E of part 763 (transport and disposal of asbestos waste).
(2) Perform, or direct an employee to perform, operations and maintenance activities in the school, unless the agency complies with the following sections of title 40 of the Code of Federal Regulations:
(A) Section 763.91 (operations and maintenance), including appendix B to subpart E of part 763.
(B) Paragraph (a)(2) of section 763.92 (training and periodic surveillance).
(b) Employee training and equipment
Any school employee who is directed to conduct emergency repairs involving any building material containing asbestos or suspected of containing asbestos, or to conduct operations and maintenance activities, in a school—
(1) shall be provided the proper training to safely conduct such work in order to prevent potential exposure to asbestos; and
(2) shall be provided the proper equipment and allowed to follow work practices that are necessary to safely conduct such work in order to prevent potential exposure to asbestos.
(c) “Emergency repair” defined
For purposes of this section, the term “emergency repair” means a repair in a school building that was not planned and was in response to a sudden, unexpected event that threatens either—
(1) the health or safety of building occupants; or
(2) the structural integrity of the building.
(Pub. L. 94–469, title II, § 215, as added Pub. L. 100–368, § 4(a), July 18, 1988, 102 Stat. 832.)
heading: Effective Date
text: Pub. L. 100–368, § 4(c), July 18, 1988, 102 Stat. 833, provided that: “Section 215 of the Toxic Substances Control Act [this section], as added by subsection (a), shall take effect on October 12, 1988.”
15 U.S.C. § 2656 (COMMERCE AND TRADE)
§ 2656. 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 4021(a) of title 20 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.
(Pub. L. 94–469, title II, § 216, as added Pub. L. 101–637, § 16(a)(1), Nov. 28, 1990, 104 Stat. 4597.)
heading: Effective Date
text: Pub. L. 101–637, § 16(b), Nov. 28, 1990, 104 Stat. 4598, provided that: “Section 216 of the Toxic Substances Control Act [this section], as added by subsection (a), shall take effect on the date of the enactment of this Act [Nov. 28, 1990].”
15 U.S.C. § 2662 (COMMERCE AND TRADE)
§ 2662. Definitions
For purposes of this subchapter:
(1) The term “local educational agency” means—
(A) any local educational agency as defined in section 7801 of title 20;
(B) the owner of any nonprofit elementary or secondary school building; and
(C) the governing authority of any school operated pursuant to section 241 of title 20, as in effect before enactment of the Improving America’s Schools Act of 1994, or successor authority, relating to impact aid for children who reside on Federal property.
(2) The term “nonprofit elementary or secondary school” has the meaning given such term by section 2642(8) 1 of this title.
(3) The term “radon” means the radioactive gaseous element and its short-lived decay products produced by the disintegration of the element radium occurring in air, water, soil, or other media.
(4) The term “school building” has the meaning given such term by section 2642(13) of this title.
(Pub. L. 94–469, title III, § 302, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2755; amended Pub. L. 103–382, title III, § 391(c)(4), 392(b)(2), Oct. 20, 1994, 108 Stat. 4022, 4026; Pub. L. 107–110, title X, § 1076(f)(2), Jan. 8, 2002, 115 Stat. 2091.)
heading: References in Text
text: Section 241 of title 20, as in effect before enactment of the Improving America’s Schools Act of 1994, referred to in par. (1)(C), means section 241 of Title 20, Education, prior to its repeal by Pub. L. 103–382, title III, § 331(b), Oct. 20, 1994, 108 Stat. 3965.
heading: Amendments
text: 2002—Par. (1)(A). Pub. L. 107–110 substituted “7801” for “8801”.
1994—Par. (1)(A). Pub. L. 103–382, § 391(c)(4)(A), made technical amendment to reference to section 8801 of title 20 to reflect change in reference to corresponding section of original act.
Par. (1)(C). Pub. L. 103–382 directed two separate amendments of par. (1)(C), the first, by section 391(c)(4)(B) of Pub. L. 103–382, directed the insertion of “or successor authority” immediately after “section 241 of title 20”, the second, by section 392(b)(2) of Pub. L. 103–382, directed the insertion (without reference to the first amendment) of “as in effect before enactment of the Improving America’s Schools Act of 1994” immediately after “section 241 of title 20,”. Literal execution of the second amendment was not possible, as “section 241 of title 20,” was amended to read “section 241 of title 20 or successor authority,” by the first amendment. Commas were editorially inserted before and after the phrase added by the second amendment and it was inserted immediately after “section 241 of title 20” to reflect the probable intent of Congress.
heading: Effective Date of 2002 Amendment
text: Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under section 6301 of Title 20, Education.
15 U.S.C. § 2663 (COMMERCE AND TRADE)
§ 2663. EPA citizen’s guide
(a) Publication
In order to make continuous progress toward the long-term goal established in section 2661 of this title, the Administrator of the Environmental Protection Agency shall, not later than June 1, 1989, publish and make available to the public an updated version of its document titled “A Citizen’s Guide to Radon”. The Administrator shall revise and republish the guide as necessary thereafter.
(b) Information included
(1) Action levels
The updated citizen’s guide published as provided in subsection (a) of this section shall include a description of a series of action levels indicating the health risk associated with different levels of radon exposure.
(2) Other information
The updated citizen’s guide shall also include information with respect to each of the following:
(A) The increased health risk associated with the exposure of potentially sensitive populations to different levels of radon.
(B) The increased health risk associated with the exposure to radon of persons engaged in potentially risk-increasing behavior.
(C) The cost and technological feasibility of reducing radon concentrations within existing and new buildings.
(D) The relationship between short-term and long-term testing techniques and the relationship between (i) measurements based on both such techniques, and (ii) the actions 1 levels set forth as provided in paragraph (1).
(E) Outdoor radon levels around the country.
(Pub. L. 94–469, title III, § 303, as added Pub. L. 100–551, § 1(a), Oct. 28, 1988, 102 Stat. 2755.)