§4020 — Title 20 Education | U.S. Code

Summary

Defines key words used in the asbestos rules for schools. Asbestos means the minerals chrysotile, amosite, or crocidolite, and when in fibrous form it also means tremolite, anthophyllite, or actinolite. Attorney General means the Attorney General of the United States. Threat or hazard means asbestos that crumbles easily, can be damaged, is within reach of students or staff, or could be harmed by water, vibration, or air movement so fibers might get into the school. Local educational agency means any LEA as defined in section 7801 of this title and the governing authority of any nonprofit elementary or secondary school. Nonprofit elementary or secondary school means an elementary or secondary school as defined in section 7801 that is owned and run by nonprofit corporations or associations with no earnings going to private owners, and any school of a United States agency. School buildings means classrooms, labs, libraries, eating and food-prep areas, gymnasiums and other athletic facilities used for physical education, other teaching, research, or administration spaces, and the maintenance, storage, or utility facilities needed to operate those places. Administrator means the Administrator of the Environmental Protection Agency or that person’s designee. State means each State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Bureau of Indian Affairs. Response action has the meaning given in section 2642(11) of title 15.

Title 20, §4020

Education — Source: USLM XML via OLRC

For purposes of this subchapter:

(1)The term “asbestos” means—

(A)chrysotile, amosite, or crocidolite; or

(B)in fibrous form, tremolite, anthophyllite, or actinolite.

(2)The term “Attorney General” means the Attorney General of the United States.

(3)The term “threat” or “hazard” means that an asbestos material is friable or easily damaged, or within reach of students or employees or otherwise susceptible to damage (including damage from water, vibration, or air circulation) which could result in the dispersal of asbestos fibers into the school environment.

(4)The term “local educational agency” means—

(A)any local educational agency as defined in section 7801 of this title; and

(B)the governing authority of any nonprofit elementary or secondary school.

(5)The term “nonprofit elementary or secondary school” means—

(A)any elementary school or secondary school as defined in section 7801 of this title owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and

(B)any school of any agency of the United States.

(6)The term “school buildings” means—

(A)structures suitable for use as classrooms, laboratories, libraries, school eating facilities, or facilities used for the preparation of food;

(B)any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;

(C)other facilities used for the instruction of students, for research, or for the administration of educational or research programs; and

(D)maintenance, storage, or utility facilities essential to the operation of the facilities described in subparagraphs (A) through (C) of this paragraph.

(7)The term “Administrator” means the Administrator of the Environmental Protection Agency, or the Administrator’s designee.

(8)The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Bureau of Indian Affairs.

(9)The term “response action” has the meaning given such term by section 2642(11) of title 15.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Par. (4)(A). Pub. L. 114–95, § 9215(dd)(2)(A), added subpar. (A) and struck out former subpar. (A) which read as follows: “any local educational agency as defined in section 7801 of this title; and”. Par. (5)(A). Pub. L. 114–95, § 9215(dd)(2)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “any elementary or secondary school as defined in section 7801 of this title owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and”. 2002—Par. (4)(A). Pub. L. 107–110, § 1076(l)(2)(A), which directed amendment of subpar. (A) by substituting in the original “9101” for “198(a)(10)”, was executed by substituting “section 7801 of this title” for “section 8801 of this title”, to reflect the probable intent of Congress and prior amendment by Pub. L. 103–382, § 394(c)(1), which had substituted “14101” for “198(a)(10)” in the original. See 1994 Amendment note below. Par. (5)(A). Pub. L. 107–110, § 1076(l)(2)(B), which directed amendment of subpar. (A) by substituting in the original “9101” for “198(a)(7)”, was executed by substituting “section 7801 of this title” for “section 8801 of this title”, to reflect the probable intent of Congress and prior amendment by Pub. L. 103–382, § 394(c)(2), which had substituted “14101” for “198(a)(7)” in the original. See 1994 Amendment note below. 1994—Par. (4)(A). Pub. L. 103–382, § 394(c)(1), substituted “section 8801 of this title” for “section 198(a)(10) of the Elementary and Secondary Education Act of 1965”. Par. (5)(A). Pub. L. 103–382, § 394(c)(2), substituted “section 8801 of this title” for “section 198(a)(7) of the Elementary and Secondary Education Act of 1965”. 1990—Pub. L. 101–637, § 14(a)(11), (c)(6)(A), inserted section catchline and substituted “this subchapter:” for “this subchapter—”. Pars. (1), (2). Pub. L. 101–637, § 14(c)(6)(B), (C), substituted “The” for “the” at beginning and a period for semicolon at end. Par. (3). Pub. L. 101–637, §§ 10(1), 14(c)(6)(B)–(D), substituted “The” for “the” at beginning and a period for semicolon at end, struck out “each” before “reach of students”, and inserted “, vibration,” after “damage from water”. Par. (4). Pub. L. 101–637, § 14(c)(6)(B), (C), substituted “The” for “the” at beginning and a period for semicolon at end. Par. (5). Pub. L. 101–637, § 14(c)(6)(E), which directed the insertion of “secondary” before “school”, was executed by making the insertion in the introductory provisions to reflect the probable intent of Congress. Pub. L. 101–637, § 14(c)(6)(B), (C), substituted “The” for “the” at beginning and a period for semicolon at end. Pars. (6), (7). Pub. L. 101–637, § 14(c)(6)(B), (C), substituted “The” for “the” at beginning and a period for semicolon at end. Par. (8). Pub. L. 101–637, § 14(c)(6)(B), substituted “The” for “the” at beginning. Par. (9). Pub. L. 101–637, § 10(2), added par. (9).

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

Effective Date

of 2002 AmendmentAmendment 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 this title.

Executive Documents

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.

§4020 Definitions

Summary

Title 20, §4020

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Executive Documents

Citations & Metadata