2017 US Code
Title 20 - Education
Chapter 52 - Education for Economic Security
Subchapter V - Asbestos School Hazard Abatement
Sec. 4020 - Definitions

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Citation 20 U.S.C. § 4020 (2017)
Section Name §4020. Definitions
Section Text

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.

Source Credit

(Pub. L. 98–377, title V, §511, Aug. 11, 1984, 98 Stat. 1294; Pub. L. 101–637, §§10, 14(a)(11), (c)(6), Nov. 28, 1990, 104 Stat. 4592, 4594, 4596; Pub. L. 103–382, title III, §394(c), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 107–110, title X, §1076(l)(2), Jan. 8, 2002, 115 Stat. 2092; Pub. L. 114–95, title IX, §9215(dd)(2), Dec. 10, 2015, 129 Stat. 2173.)

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).

EFFECTIVE DATE OF 2015 AMENDMENT

Amendment 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 AMENDMENT

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 this title.

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.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 20 - EDUCATION
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 20 - EDUCATION
CHAPTER 52 - EDUCATION FOR ECONOMIC SECURITY
SUBCHAPTER V - ASBESTOS SCHOOL HAZARD ABATEMENT
Sec. 4020 - Definitions
Contains section 4020
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law No
Disposition standard
Statutes at Large References 98 Stat. 1294
104 Stat. 4592
108 Stat. 4027
115 Stat. 2092
129 Stat. 2173
Public Law References Public Law 98-377, Public Law 101-637, Public Law 103-382, Public Law 107-110, Public Law 114-95
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