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. Title II of the Act, as added by Pub. L. 99–519, § 2, Oct. 22, 1986, 100 Stat. 2970, is classified generally to subchapter II (§ 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.

1990—Pub. L. 101–637, § 14(a)(5), made technical amendment to section catchline.

Subsec. (a). Pub. L. 101–637, § 14(b)(7)(A), inserted heading.

Subsec. (b). Pub. L. 101–637, § 14(b)(7)(B), inserted heading.

Subsec. (b)(1). Pub. L. 101–637, § 14(c)(1), struck out comma after “educational agency”.

Subsec. (b)(2). Pub. L. 101–637, § 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, § 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, § 14(b)(7)(C), inserted heading.

Subsec. (c)(2)(A). Pub. L. 101–637, § 14(c)(2)(A), inserted “and” after semicolon at end.

Subsec. (c)(2)(B)(ii). Pub. L. 101–637, § 14(c)(2)(B), inserted a comma after “confined space”.

Subsec. (c)(2)(B)(iv). Pub. L. 101–637, § 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, § 6(b). See below.

Pub. L. 101–637, § 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, § 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, § 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, § 14(b)(7)(D), inserted heading.

Subsec. (e)(1). Pub. L. 101–637, § 14(c)(3), substituted “percent” for “per centum” in two places.

Subsec. (f). Pub. L. 101–637, § 14(b)(7)(E), inserted heading.

Subsec. (f)(3). Pub. L. 101–637, § 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, § 14(b)(7)(F), inserted heading.

Subsec. (g)(1). Pub. L. 101–637, § 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, § 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, §§ 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, § 6(b)(1), substituted reference to October 22, 1986, for reference to August 11, 1984.

Subsec. (g)(4)(B)(ii). Pub. L. 100–368, § 6(b)(2), substituted “section 2646(d) of title 15” for “subsection (d)”.

1986—Subsec. (g)(4). Pub. L. 99–519 added par. (4).

Pub. L. 99–519, § 4(b), Oct. 22, 1986, 100 Stat. 2989, provided that, notwithstanding subsec. (c) of this section, for fiscal years 1988 and 1989 the Administrator would provide financial assistance under this section 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 title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.).